Aristotle: Justice, Virtue and the Common Good

1. Aristotle: Justice, Virtue and the Common Good Aristotle Dr. Schmid, Ph.D. Philosophy and Religion, UNCW

2. Three Ethical Theories

3. 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

4. Equality, Merit and Justice

5. Concepts of Merit and Justice

6. 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

7. 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

8. 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

9. What is the telos of the institution?

10. 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?

11. 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

12. 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

13. What is the justification?