Sandel:
Justice: What's The Right Thing To Do? Episode 03:
"FREE TO CHOOSE"
https://www.youtube.com/watch?v=Qw4l1w0rkjs&list=SP30C13C91CFFEFEA6&index=3
Utilitarianism: Problems
of individual rights and justice
Mill’s
reply to refutations of Bentham’s utilitarianism: It is possible, based upon
pleasure vs displeasure, to distinguish between “higher” and “lower” pleasure
-- to make qualitative distinctions of worth.
Mill:
Individual rights are worthy of special respect – justice is the most sacred
part (most binding part) of morality.
But… why?
In the long run, if we respect justice and rights, society as a whole will be
better off.
But … what
if we have a case where we make an exception & violate individual rights that
actually will make people better off, is this alright, then? To use people?
Suppose the
utilitarian calculus works out in the long run as Mill says, is
this the right and only reason to respect people?
If the
doctor takes the organs from a healthy patient to save 5 lives, is this right?
Would the only thing that prevents a doctor from doing this be that he would
scare patients away?
Or is there
another reason? Having respect for the person as an individual? And if this
really matters it’s not evident that Mill’s utilitarianism can take account of
it.
2 worries:
1) In case of higher or worthier
pleasures - are there theories of the
good life that can provide independent standards for the worth of pleasures?
What would they look like?
2)
In case of justice& human rights, if we suspect that Mill is
implicitly leaning on notions of human
dignity, not strictly utilitarian, we need to seek some stronger theories of
rights that can explain the intuition that the reason for respecting individuals, and not using them,
goes beyond even utility in the long run. We must search for it…
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Strong theories of rights: Individuals matter, not just as
instruments to be used for a larger social purpose, or for the sake of
maximizing utility; individuals are separate beings with separate lives, worthy
of respect.
It’s a
mistake to think about justice or law by just adding up preferences or values.
Libertarianism
The fundamental
right is the right to liberty for every individual. This is the right to choose
freely, to live our lives as we please, provided we respect other people’s
rights to do the same.
Nozick:
Individuals have rights, so strong and far-reaching that they call into
question anything that the state may do.
3
illegitimate Roles of government/ state:
1) Paternalist legislation – seatbelt laws, cigarettes
2) No morals legislation – moral values of society as whole, i.e., prohibition
3) No taxation or redistribution of income from rich to poor.
Redistribution
is a kind of coercion or theft by the state/majority from people who happen to
do well, or earn a lot of money.
There can
be a minimal
state that taxes people for the sake of “what everybody needs” – i.e., national
defense, police force, judicial system –
to enforce contracts & protect property rights, etc. BUT THAT’S IT.
Consider
distribution of wealth in USA – probably most unbalanced distribution of wealth
of all advanced democracies: 10% own 70% of wealth… Is this just? Libs say
can’t know by just looking at end state.
What makes
income distribution just (Nozick)?
1) Justice in acquisition (initial holdings) – did they get the things they needed to make their
money fairly?
2) Justice in transfer (free market)
Nozick: Taxation = taking of earnings à morally equivalent to taking my
labor = FORCED LABOR (slavery) – state OWNS me
Taxation violates principle of
self-possession!! (Re-distribution args – worry about coercion:
to use someone for sake of general welfare calls in to question self-possession.)
Minimal State (Milton Freedman): Many of the functions that
we take for granted as properly belonging to government, don’t, i.e., Social
security – you can save for your retirement.
Ways to
prevent/restrict “free-riders”: i.e., insurance (Salem) – only put out fire if
pay insurance or threaten other subscriber…
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What’s wrong with Libertarian case for (no or
“limited”) redistribution?
1) The poor need the money more.
2) It’s not slavery to tax – congress
taxes = consent of the governed
3) The successful owe a debt to society.
4) Wealth depends partly on luck, so it
isn’t “deserved.”
My
Critique:
1) Based upon capitalist ideal of
society – everyone depends on money – if you don’t have it, you die.
2) “Minimal state” determines what
“everyone needs” - thus, serves to protect wealth/ prevent wealth from reaching
the rest of society.
3) Reinforces a hierarchical control of
“minimal state” (keeps status quo) = no democracy
4) Agglomeration of wealth in the hands
of the few = permanent crisis (at least until there is a “revolution” vs
“minimal state”)
*
Libertarianism = opposite extreme of utilitarianism
John Locke: accounted for “rise of private
property from a state of nature” from a chain of reasoning that Nozick &
Libertarians use:
Private property arises, because, when we mix
our labor with un-owned things, we acquire a property right in those things. Reason:
because we own our own labor – we are the proprietors/owners of our own person.