Justice: What's the Right Thing to Do?

By Michael Sandel

This year’s Reith lecturer, Michael Sandel, transforms moral philosophy by putting it at the heart o

For over two decades, the philosopher Michael Sandel has delivered a course of undergraduate lectures at Harvard with the unassuming title Moral Reasoning 22. It is now vastly popular, with annual attendance of more than a thousand. This book is an offspring of the course. Its origins are evident in its carefully crafted lucidity, its patient, teacherly tone and in its occasional professorial wisecrack. It is a reminder that in America, if no longer in Britain, educators do not have to play the fool in order to get a public hearing.

Justice is a pedagogical work in another, deeper sense. Sandel belongs to the tradition, dating back to ancient Greece, which sees moral philosophy as an outgrowth and refinement of civic debate. Like Aristotle, he seeks to systematise educated common sense, not to replace it with expert knowledge or abstract principles. This accounts for one of the most striking and attractive features of Justice - its use of examples drawn from real legal and political controversies. Should Florida shopkeepers have been permitted to take advantage of Hurricane Charley by hiking their prices? Is a wheelchair-bound girl eligible to be a cheerleader? Sandel explores many such cases in detail, as much for their intrinsic interest as for their ability to illuminate a point.

Even though the use of thought experiments is common in ethics, most philosophers prefer to simplify things by thinking up hypothetical, often bizarrely unreal scenarios. (In one classic example, the reader is invited to steer a runaway trolley car over this or that set of unfortunate bystanders.) Sandel indulges in a bit of "trolleyology" himself, but his general preference is for actual over hypothetical examples. This reflects his belief in the practical mission of philosophy. The point of ethical theory is to guide action in this world, not to elaborate principles for any possible world.

Sandel's ultimate target in Justice is the view, common to most modern liberals, that our basic framework of rights and duties should be neutral between competing visions of the good. This view has, he believes, desiccated political discourse in America, particularly on the left. Liberals take their stand on abstract principles of impartiality and choice, surrendering the more potent rhetoric of moral conviction to the fundamentalist right. Their language fails to connect with "the moral and spiritual yearning abroad in the land, or answer the aspiration for a public life of larger meaning". Sandel ends his book with a paean to Barack Obama, whom he sees as reviving the more idealistic progressivism of Robert Kennedy and Martin Luther King.

The modern liberal ideal takes two quite different forms, which Sandel tackles in turn. For libertarians, his first target, the state's remit is limited to securing individual rights. The moment it goes beyond this and tells individuals what to do with their possessions or bodies, it becomes paternalistic and coercive. Sandel invites all those tempted by this theory to think through its implications. Do we really wish to permit cannibalism (by consent, of course) or a free market in body parts?

Moreover, libertarianism reduces freedom to the ability to satisfy given wants, as opposed to the more exalted capacity to shape one's wants. This latter capacity - "autonomy", as Kant called it - requires for its realisation a basic minimum of wealth, education and civic engagement, none of which the libertarian can guarantee. Far from being neutral, the nightwatchman state perpetuates the rule of the strong over the weak.

The second strand of modern liberalism takes a more elevated view of the person and his needs. Its best-known advocate, John Rawls, argues that a just distribution of goods is one to which every member of a community would assent, were he ignorant of his place in it. Although more generous than anything envisaged by libertarianism, such a distribution does not violate the principle of neutrality, for it expresses the verdict of our true rational self. It is what we all would choose, could we be detached by a "veil of ignorance" from our actual interests and beliefs.

Thus, both strands of modern liberalism, for all their differences, have in common the principle that Rawls pithily summarised as "the priority of the right over the good". Both agree that rules of justice must derive solely from the formal properties of choice, independent of substantive moral ideals. What else could we hope for, living in societies irrevocably divided along religious and ideological lines?

Sandel rejects the priority of the right over the good. He reverts to the older idea, classically expressed by Aristotle, that to work out the just allocation of a good, we must first of all be clear about its nature. Flutes, for instance, were made to be played; therefore, the best flutes should go to those best able to play them, not to the wisest, the richest or the most beautiful. We cannot know how to allocate flutes until we know what flutes are for, what their telos is. And the same holds true of all social goods. We are thus drawn, ineluctably, into the disputed arena of values.

Sandel illustrates this thesis with the aid of many examples. Gay marriage, for instance, is often advocated by liberals (of both varieties) on grounds of moral neutrality. The state, they argue, has no business pronouncing on the desirability or otherwise of homosexual liaisons; its job is simply to underwrite individual choice, whatever that may be. But this line of argument, pressed to its logical conclusion, implies the licensing of polygamy, polyandry and every other variety of consensual cohabitation. In fact, it implies the complete privatisation of the marriage contract - a step favoured by some libertarians. If this is not what advocates of gay marriage want - and most of them do not - then it is clear that what really moves them is a belief in the equal dignity of homosexual relationships. In other words, their position is not neutral at all, but embodies a substantive moral claim.

Sandel's insistence on the inescapably ethical character of political debate is enormously refreshing - a riposte to the arid and evasive legalism of so much recent liberal thinking. Only one crucial problem remains. The reason modern liberals are so keen to put to one side questions concerning the good is that they think them unanswerable. They are, on the whole, moral sceptics - they hold that there is no such thing as moral truth, or at least none easily accessible to us. To tether questions of the right to questions about the good appears to them a recipe for civil war.

If Sandel's alternative is to convince us, he must show us that there is such a thing as moral truth, and that it is accessible to us. Failing this, his plea for a remoralisation of the public sphere looks like nothing more than nostalgia for a lost era of grand politics. And we have had enough of that in our time.

Edward Skidelsky is a lecturer in philosophy at Exeter University. His book, "Ernst Cassirer: the Last Philosopher of Culture", is published by Princeton University Press (£24.95)

2 comments

Frank Zurb's picture

Your caveat about Sandel's agenda is spot-on. But this is the same problem with all remoralising programmes: not only the demonstrable absence of accessible moral truth, but --even if we simply accepted the premise of moral criteria-- inevitably the troublesome question would arise of whose idea of moral truth or good should be the one to tell us what's the right thing to do as a society. The answer then becomes, alas: that of those who at some point get power and make their moral truth dogma. They will call it 'education', but this means simply 're-education', i.e. trying to 'change people by changing their consciousness', which has been amply tried with catastrophic results. (I for one would not want to live for example in a gay-controlled state.) Education on the nature of goods can eventually change the world, but real education takes place, at the latest, in kindergarten, and is no approach to changing conditions on the ground, now, through politics. The dilemma of moral truth as a guide to justice thus did not come about yesterday, and it is being too easy on Sandel to think he is offering anything new. The only real constant is human self-interest, and the only ‘morality’ is respect for this fact and forbearance in the face of it.

taghioff.info's picture

What Moral Philosophy really needs and really alcks is imagination. That is the imagination to try and understand lives very different from ones own, or to put it more formally other human subjects.

Just look at this article. Sandel talks as if moral thought began in Greece, and Skidelsky does not challenge him. But extend your mind to Geopolitics for a moment: Greece and Rome and then the Ottomans became prominent in these eras due to the control of land-trade to Asia that centered in that part of Europe (along with good cultivable lands in the medditerranean rim) before the rise of Western European Sea trade.

This implies that Greece would have a had a lot of contact with Asia. Which implies that their would have been influences in thought from outside Greece or even outside what we only now call Europe. Hmmmm.

Since Philosophy of the kind spoken about here attempts to universalise, to make principles that apply in all times and all places, that fact that this narrative manages to ignore most of this planet's history, never mind the rest of the universe, is rather a major failing.

This article also speaks as if most of the practical moral problems exist within the developed world. This is nonsense: Most of the poor live in South Asia and Africa, and that is where justice is clearly and Issue. Indeed, why did Sen's "Idea of Justice" not get a mention here? He deals directly with the issue of more or less substantively just arrangements.

It is not hard to see whether it is just to let millions starve every year. But it require imagination to address it. To imagine their very different lives, and to imagine the very different world, the very different set of governance arrangements required to address that.

So if Moral Philosophy wants to start being practical in this world, it will need to broaden its horizons considerably

Latest tweets