Aristotle: Justice, Virtue and the Common Good

Aristotle

Dr. Schmid, Ph.D.Philosophy and Religion, UNCW

Three Ethical Theories

Utilitarian Kant Aristotle•Greatest good for all

•Each person’s worth or happiness is equal

•Morality = aggregate happiness

•Questions re: •Individual rights•One measure of “good”

•Rights/duties of persons

•Treat all persons as ends, not means

•Morality can be vs. happiness

•Questions re: •Categorical Imp •Self-possession vs. duties to self, others

•Purpose of life, action

•Objective concept of self-actualization

•Morality = virtue = fulfill rational nature

•Questions re:•Equality vs. merit•Objective concept of fulfillment?

Aristotelian Ethics and Politics • Virtue/excellence is basic

concept of goodness• Best life for individual and

state is virtuous citizenship• Key concept is not equality but

merit or purpose• Just society = institutions

right purposes, e.g. – Military security, order– Family raising children– Education ethics and

knowledge– Politics common good

• Liberal challenge:– Modern society is morally

plural: different concepts of “the good life,” virtue e.g. • Catholic housewife in Philly vs.

gay hairdresser in Frisco

– Aristotelian ideas may violate liberty, fairness, e.g. • Liberty:

– surrogate mother case– military service = duty?

• Fairness: disability cases– cheerleader, Casey Martin

Equality, Merit and JusticeSurrogate mothers and liberty

Affirmative action and diversity

Disabled persons and merit

Libertarians argue that this is an issue of liberty: free consensual agreements

Equal opportunity seems to imply no discrimination based on race, gender, creed or sexual orientation

Justice = meritocracy, not only for greater efficiency but also to honor virtue

Both Kantians and Aristotelians ask not only if these contracts are ‘tainted’ but if this a “de-humanizing” practice

Libertarians distinguish public and private firms

Aristotelians ask: what is the proper purpose of the institution?

Goal = choice based entirely on merit relative to the purpose of the institution, which is itself relevant to specific goods in life (e.g. education)

Libertarian accepts: market system in all types of goods and services if not coercive or fraudulent

Liberals accept: concept of institutional discrimination, idea of “equal life opportunity” may conflict with non-discrimination

Aristotelians accept: limitation of economic freedom for meritocracy—but possible debate over institutional purpose

Concepts of Merit and JusticeLibertarian Rawls Aristotle

Formal equal opportunity in state but not private institutions: all have equal right to compete

Fair equal opportunity: may require adjustment for past or institutional discrimination or disability

Justice = fitness or merit, not only for greater efficiency but also to honor virtue; relative to purpose of institution

Non-discrimination in state but not necessarily private institutions, which are free to choose by whatever standards they wish

State enforces non-discrimination in all economic institutions based on race, gender, etc., including private institutions

Goal = choice based entirely on merit relative to the purpose of the institution, which is itself relevant to specific goods in life (e.g. education)

Accepts: inequality in life-opportunity due to e.g. inheritance of wealth or power, natural advantages of ability; luck

Accepts: inequality of life-opportunity due to natural talent, luck in the market; works to minimize that due to social advantages

Accepts: considerable limitation of economic freedom for greater equality of virtue for all

Is Affirmative Action unjust?

• Cheryl Hopwood sued for admission vs. U. of Texas Law School in , arguing she had been denied admission based on racial discrimination

• The Law School claimed it had a valid goal of trying to increase minority representation in the Texas legal bar

Cheerleader in a wheel chair?

• Callie Smart was a popular cheerleader for the Andrews HS Mustangs in West Texas

• At the end of the season, the coach instituted new tests she could not pass

• Her parents sued to have her re-instated, on grounds of unfairness

Pro golfer in a cart?

• Casey Martin was an excellent golfer with a serious leg disability which prevented him from walking the course

• He sued the PGA to be able to use a cart, on the grounds that walking was not essential to golf

• In a 7-2 decision the US Supreme Court agreed

What is the telos of the institution?Loan officer in an S&L in Tucson, Arz

Late admission to UNCW (90/10, 60/40)

Cheerleader for UNCW team

DALTON Realtor’s son; many connections in area; C+ average in college, but seems bright & personable

JOE Good BB player available after all recruits signed; 3.1 GPA city school, ok SAT

MICHAEL Physically able, personable; would be 1st black male, 1st gay on squad, so-so grades

JACOB MBA from No. Ariz. Univ., excellent GPA, grew up in Scarsdale Ct., Jewish family

ERIC Average student, son of possible major donor, outgoing, looks forward to frat life

NORA Disabled with cerebral palsy, on HS squad energetic, 3.8 GPA, 1st wheelchair member

DAWN Navajo female, Tucson Com. College, pos 1st Amerindian, 1st woman loan officer, institutional history of discrimination

ELLEN 3.9 GPA local HS, good SAT, very studious, churchgoer and missionary, wants to become a mortician

KELLY Honorable mention all-state gymnastics, average+ grades, friends with 3 girls on squad, possible leader

Religion, identity, liberty: the veil• In France, there are concerns

about the values of Islam and French liberal culture

• Should French law defend the rights of Muslim women, often suppressed in the home, by forbidding the veil in schools?

• Or the veil an expression of religious liberty, that should be protected?

• Can a society be “neutral” about this type of cultural custom, if the majority view it as oppressive?

Same sex marriage

• Should the state be neutral?

• If not, how should it intervene, and on what basis?– Prohibit same sex

marriage– Promote same sex

marriage

Liberal vs. Communitarian

• Concept of the Self– Autonomous individual– Self-respect

• Concept of the State– Priority of the right

• Protects formal justice• Protects material justice (EO)

– Neutrality re: the good• State neutrality” toward

morals, religion, etc.• Wants “public discourse” to

presuppose moral pluralism

• Concept of the Self– Situated/encumbered self– Rational fulfillment w/virtue

• Concept of the State– Priority of the good (merit)

• Protects rule by the best• Values virtue over consent

– Examples:• Minority cultures & liberal

values (e.g. the veil)• Rejects moral pluralism on

e.g. abortion, euthanasia, gay marriage & adoption

What is the justification?Justice issue Libertarians Liberals (Rawlsian) Aristotelians

Affirmative Action Reparations on ind’l basis; Private vs. public : Private can do as wish; public by strict merit

Merit, except where prior discrim or difference principle applies

Purpose of job or institution = ? (e.g. civic education or serve diverse pops)

Morals legislation, e.g. gambling, drugs, prostitution

No state laws – prohibition violates autonomy

State laws possible insofar as these deemed addictive or coercive

State has valid interest in morals legislation, as it undermines virtue or promotes vice

Welfare legislation (safety net), taxation for public goods (e.g. higher education)

No taxation to support others or common good

Difference principle creates more equal life opportunities for least well off socially, physically

State has valid interest in welfare legislation, as it promotes merit (EO) and diminishes vice

Same sex marriage No state role – people can do whatever they want

No discrimination based on sex pref, matter of ind’l righ

Good or purpose = procreation? Long-term commitment?