Aristotle: Justice, Purpose and the Good

Aristotle: Justice, Purpose and the Good Aristotle Dr. Schmid, Ph.D. Philosophy and Religion, UNCW

Three Ethical Theories

Aristotelian Ethics and Politics • Virtue concept: best life for individual and state is virtuous citizenship • Key not = equality but virtue and common good • Just society = institutions  right purposes /common good • Military  security, order • All male army • Family  raising children • Support for traditional family • Education  better citizens • Free education • 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

Some related issues • Equality, prejudice, affirmative action • Institutional purpose and diversity • Citizenship and cultural differences • Morality issues, e.g. the family • Reparations for past injustice

1. Discrimination and U.S. Law • “All men are created equal…and endowed with inalienable rights” • Plessy (1896) established “separate but equal” with full rights of businesses to refuse service based on race, religion. • Brown (1954) overturned this; 1965 law on “public accommodations” forbade discrimination in service, then hiring Persisting issues: • ‘institutional racism’ = no overt racism/sexism, but • Persisting prejudice • Lingering effects • Disproportionately small minority representation •  “affirmative action” programs to increase minority representation: schools, loans, etc. • New: women, GLBTs, Muslims (?)

Justifications for Affirmative Action 3 Traditional arguments for Affirmative Action programs: • Counter-act ongoing discrimination (AlabamaState Troopers, Santa Clara; “institutional racism”) • Backward-looking: massive past discrimination meant unfair disadvantages ( scholarships, outreach programs, loans) • Forward-looking: continuation of present policies continued disproportionate representation and theme of “institutional purpose,” social good

2. Institutional purpose and ‘merit’ • Liberal argument: equal rights means equal competition: anything else = discrimination and wrong! • Aristotelian argument: self-actualization for all, social purpose may mean require regard for race, gender, religion

Little Leaguers All Equal? • Jackie Wilson had been a star player for the Bulldogs Little League team in Marieta, GA • At the start of the new season, the new coach declared all players would have “equal time” (except perhaps in big games) • Jack’s parents sued the league, on grounds that playing time should depend on merit, and this policy “did not allow fair competition”

Is Affirmative Action unjust? • Cheryl Hopwood sued for admission vs. U. of Texas Law School, arguing she was denied based on “reverse racism” • UTLS claimed a valid goal of > minority representation in Texas bar, where 40% of clients were minority (25% Latino), 4% of attorneys (1% Latino) • If this  less or worse representation, is the UTLS goal valid? • Similar questions for other professions, e.g. medical

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, to make the team more competitive in state cheerleading comps • Her parents sued to have her re-instated, on grounds of unfairness since she “served the purpose of the squad and the school”

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

Two Big Issues Gender and sports • Should we have non-gendered sports teams? • What is the purpose of collegiate sports? Is it different from h.s. sports? Gender and academics • Gendered college admissions? • What is the purpose of college? Would a balance of m/f students serve a valid social purpose? [another issue: women in military?]

What is the telos of the institution?

What is the justification?

3. Citizenship and cultural differences: liberty and the veil • In France, there are concerns about Islam and women’s liberty • 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?

Discrimination and Economic Freedom • Arizona Senate Bill 1062 would allow business owners to refuse service to gays on religious grounds. • Those on other side say it's a potentially broad libertarian law which could open the door to widespread ‘free’ discrimination. • Gay rights in NC: should renters be allowed to discriminate vs. GLBTs?

4. Morals legislation • Abortion and personal liberty • Sexual orientation, children and the family * Related: Should the state provide economic support for spousal care? = support for working families • Legislation e.g. vs. hard core porn, self-mutilation art, prostitution, gambling, drug use, surrogacy, etc. as “de-humanizing”? • Should the state

Same sex marriage • Is gay sexuality ‘unnatural’? • Should the state be neutralabout same sex marriage? • If intervene, on what basis? • Prohibit same sex marriage (on grounds that a majority think it is immoral) • Promote same sex marriage (on grounds that it creates lasting bonds, vs. casual sex)

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 (virtue) • 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

Equality, Purpose and Justice

Aristotle: Justice, Purpose and the Good