So back to Justice. I’m trying to see if there’s anything from Aristotle that is in the notes but didn’t stick in my mind back then. One thing I see is the distinction between habits and character. Which is really what distinguishes Aristotle from any old consequentialism. One ought to act the way a virtuous person acts, but the added thing is the deeper seeded virtue, which isn’t captured only in this specific act. Kant says a superficially beneficial act isn’t good unless it is done via the rational will. Aristotle says that a beneficial act doesn’t have enduring moral significance unless it derives from a virtuous character and/or helps develop that character.
Although I became more traditional in my Jewish practice starting maybe a year after this course, I held onto a view of ethics rooted in “the right thing” as something outside the inner process, the character process. Maybe. If you’d have asked me, I still would have been thinking in terms of moral dilemmas and better answers to them, separate from the individual actor. At whatever point Aristotle comes more into my picture, and I may write about that later, I think I asked a kind of consequentialist question, which is whether a “virtuous” person is better because the outcomes of their choices are better or last longer or are more sustained. It’s an external view. I think I still grapple with it – in the grand scheme, is virtue somehow icing on the cake or is it essential to the cake in the first place.
The notes say, and Aristotle says, that the best state is one that cultivates virtue in this way and is the arena for it. How? The notes don’t say, and Aristotle to my recollection asserts this in the Ethics but it’s a desideratum, not a detailed plan. I also see in the notes that virtue action is responsive to the individual case and not only to abstract rules, which makes this all the more difficult.
In section, Benor identified honor as the name of the highest virtue in social life, to go with wisdom which is the highest telos for each individual. So for Aristotle a state is based on cultivating honor as well as wisdom, and modeled on/cultivates the relationship between people with those virtues. I have a sense of what wisdom is supposed to be in this account but I don’t remember about honor.
Around this time I wrote paper #1, which was a critique of Ayn Rand’s short paper on libertarianism. My approach was to attack Rand from within. Her conception of a right to life, which to her is the only fundamental right and the grounding of the right to property, is undermined when people do not have the means to guarantee their own life. So a minimal state that took from the excess of the wealthy would be justified in the name of the right to life. I got a B-, largely for two reasons. Benor said the right to life for Rand is not the right to be alive, but the right to try to sustain one’s life, no guarantee. That seems right. The other flaw is that I had a squishy definition of society that did not address Rand’s position that society isn’t a thing of moral significance at all.
I like that I swung for the fences. I didn’t do any better job than what I wrote last time Professor Sandel hadn’t done yet offering a critique of libertarian assumptions. I do see in my paper a tiny seed of a Rawslian idea, which is that the wealthy are entitled to their wealth so long as everyone else has a minimum. I know later Milton Friedman is going to say in our readings that market-based social policies are more Rawslian than liberal government solutions, but I didn’t have that yet! Or maybe Rawls’ positions (have to get there) are really obvious.
[I reread the paper assignment to see whether I got what was being asked, and noticed that word “critique.” It wouldn’t be until a few years later that I came across the term “critical theory”, and I think a long time later, long after college, that I got what I think it means. That some theories specialize in clarifying and critiquing other theories, more than generating substantive world-pictures on their own. I think what I did in this paper was a mix, a bit of this and a bit of that. Obviously it was both a short paper and my first of its kind.]
Professor Sandel – I didn’t remember this quite – now set up a debate between Aristotle and Kant. Aristotle doesn’t really put freedom on any definition at the center, and for Kant it’s the main thing. For Aristotle, the highest purpose defines morality, and it is “natural”, and thus in a sense freedom is counter to nature. For Kant, freedom (autonomy) is the one of the few fundamental natural moral laws.
Professor Sandel used this to introduce the distinction between the framework for political society and the substance of morality. The idea of a social contract is what joins these two together – rational actors with different notions of the moral life/the good create a framework that they are obligated to which enables everyone to pursue their own conception of the good. That gets us to John Rawls, who sought a grounding for individual rights that did not rely on any metaphysics at all, particularly not a teleological one or a utilitarian one, which would make individual rights subordinate to the collective or an outside moral absolute.
Locke’s state of nature account is basically utilitarian when it comes to the transition from the state of the nature to civil government, so that doesn’t work, Rawls does away with any such account and instead has a hypothetical situation, which would yield the two principles of liberty and equality (the “difference principle”). Anyone like us who found ourselves in the original position would agree to those principles, and the contract would bind us.
There was a whole lecture about what makes contracts binding, and a key point is that contracts aren’t justified only by their benefits. It’s only by their being freely agreed to for the purpose of mutual benefit that a contract has force. Real contracts are always flawed. But the social contract posited by Rawls is without those flaws. It didn’t happen at a point in time, but it is the only justification possible for our liberal-egalitarian constitution, because that is the only one we would have contracted with each other if we could have made an ideal contract.
Benor in section helped us see that Rawls, which talking abstractly, really presumed both cultural specificity (us) and moderate scarcity, which makes the second principle relevant. I think he made explicit the genius of Rawls, which is to make freedom and equality the product of self-interest and detach them from a substantive view of the good. Even though we might well hold liberty and equality as goods, some of us, that isn’t their justification across society on Rawls’ account. This is the distinction between “right” (the framework) and “good” (morality.).
We spent a ton of time on Rawls, more than we delved into anything so far. I guess Kant was there as an important piece but not really as political philosophy? This issue of the right and the good as separate things, that’s really important and I sure would never have understood those before. I found this a really helpful way to approach egalitarianism as a political position, at the time, because it did not require persuading anyone out of ideas like the value of hard work and individual effort, or into gooey ideas about common humanity.
I did notice in section this idea of the “well-ordered society”, which strikes me as a bit of Aristotle snuck in at the end? Benor says Rawls imagines a society where it’s more than institutions that embody the two principles of justice. It’s where citizens know the principles and actually imagine themselves having chosen them. I don’t know or remember how much Rawls cares about this or whether it’s as necessary to his picture as such a thing was for the Greeks.
For the couple weeks we were steeped in Rawls I really loved it, and I think it stayed with me for a long time as beautiful (though not on the page – Rawls’ book is so conceptual and repetitive and full of methodological stuff, which is of course important). I think I struggled with the precise definition of economic equality. Rawls holds that unequal starting conditions for people are relevant, but doesn’t define if there is a degree of wealth inequality that is too much. He gives a standard to judge by, which is in real life impossible to assess. This issue was one of the things Professor Sandel pointed out as a question to Rawls. So how at the time did I see this; as a way for me to excuse existing gaps in wealth with just some tweaks, or as the best a theory could do and a marker for something more progressive? This was peak Reagan times. My first paper didn’t reach for a big redistribution; I didn’t have a theory for that.
I’m also impressed how much time Professor Sandel focused on it, when he was clearly a critic of some of its foundations as we would learn soon.