Ethics Sandel Test

"The renunciation of moral desert as the basis of distributive justice is ...."

"...morally attractive but also disquieting."

What does Sandel think is the deep, though contested, claim at the heart of the diversity argument in favor of affirmative action?

"Admission is not an honor bestowed to reward superior merit or virtue...the mission [of the university] defines the relevant merits, not the other way around."

What is a categorical imperative?

"If the action is represented as good in itself, and therefore as necessary for a will which accords with reason, then the imperative is categorical."

Hypothetical imperative?

"If the action would be good solely as a means to something else, the imperative is hypothetical." Conditional and contextual.

Two versions of the categorical imperative

1) Act only by that maxim whereby you can at the same time will that it should be a universal law 2) Act in such a way that you treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.

Explain each of the "four themes" that Sandel thinks should be connected to a "politics of the common good."

1) Citizenship, sacrifice and service: for a community setting to work, the interests of all its citizens should be considered, and everyone should take part in the democracy and expectations for social responsibility. 2) The moral limits of markets: essentially asks how far we can take market-oriented reasoning—citizenship, babies, organ donation? 3) Inequality, solidarity and civic virtue: distributive philosophies that seek to bridge the gap between the rich and the poor. 4) Politics of moral engagement: how much should our morals and religious convictions be taken into consideration when making political decisions?

What are the four rival theories of distributive justice?

1) Feudal or caste system 2) Libertarian 3) Meritocratic 4) Egalitarian

What are the three approaches to justice that Sandel discusses?

1) Maximizing utility 2) Freedom of choice 3) Cultivating virtue and reasoning about the common good.

Two principles of justice that Rawls thinks would emerge from behind the veil of ignorance

1) Principle of neutrality 2) The difference principle

What is a "developmental admit?"

Applicants who are not children of alumni but who have wealthy parents able to make a sizeable contribution to the school.

Does Aristotle accept or reject state neutrality? What about Sandel?

Aristotle rejects state neutrality inherently due to his theory of the purpose of the state: to cultivate good character and good citizens. Sandel does not believe that justice and morality can be separated, thus also rejecting state neutrality

What is autonomy? Heteronomy?

Autonomy: acting not according to any dictates of nature or social convention, but instead according to a law I give myself. Heteronomy: acting according to determinations given outside of me.

A man who is not a part of a community must be either a _______ or a ________.

Beast, God

Sandel says that a hypothetical agreement behind a veil of ignorance is a pure form of an actual contract. Why does he think this?

Because if both parties are equal, there is "no room for coercion or deception or unfair advantages" and it could be just solely due to the agreement itself.

Explain the case of Bernd-Jurgen Brandes.

Brandes willingly agreed to the "experience" of Meiwes killing and eating him.

What is the difference between doing something as a means and doing it as an ends?

Doing something as a means—acting heteronomously—just ends in a cycle of doing something to achieve something else that achieves something else and so on. Doing something as an ends—acting autonomously—means we are acting according to a "law we give ourselves," meaning we aren't governed by outside forces.

True or False: Sandel says that "the right" is more libertarian, and "the left" is less libertarian.

False

True or False: Sandel thinks that all of our obligations are the product of our will.

False

True or False: For Kant, merely acting out of duty is not sufficient for the act to be morally good.

False, to Kant that is the only way to do something morally good.

What two principles of justice does Rawls think people behind the "veil of ignorance" would choose to govern society?

First would be that principle which provides equal basic liberties for all citizens, such as freedom of speech and religion. Second would be that which concerns itself with social and economic equality.

"Taxation of earnings from labor is on par with _________."

Forced labor

Of the 207,000 men drafted into the Union army, how many served?

Only 46,000

From where does the law that we can give ourselves (and, when acting according to the law we give ourselves, achieve automony) come?

Our ability to reason.

For Kant, morality does not arise from God, nor from the idea of self-ownership, but from the truth that humans are __________ beings, worthy of respect.

Rational

What was Starrett City and how is it relvant to this discussion?

Starrett City was a huge apartment complex in Brooklyn that used "occupancy controls" to balance the racial composition of the community, eventually favoring white applicants over ethnically diverse. This is sort of a reverse case of affirmative action, that looks less favorable because white people were given priority.

Explain a utilitarian argument for income redistribution.

Taking from 1% to give to the rest maximizes happiness and more people—the one being taken from is a small sacrifice for the good of the collective.

What was Sandel's second objection to income redistribution?

Taking from the rich to help the poor violates a fundamental right to do with your money what you please.

What does it mean to say that justice is teleological? (What is the telos?)

Telos = purpose. So justice requires us to figure out the purpose or the essential nature of the social practice in question.

What did Sandel say was the "American public's real objection to the bonuses and the bailout?"

That their tax dollars were being used to "reward failure."

explain Sandel's second objection to Utilitarianism.

This objection claims that the "value" of each persons rights cannot be calculated or quantified as if they are all the same. It isn't possible to quantify values or happiness.

Two arguments against price gouging laws (AKA pro price gouging)

a) Jeff Jacoby - said that these laws interfere with the core nature of the free market, and won't actually accomplish anything to aid Florida's recovery. b) Thomas Sowell - essentially argued that higher prices due to higher demand will encourage more suppliers to provide more of the goods that are needed, in this case in the event of the hurricane emergency.

Explain the three approaches to justice:

a) Maximizing welfare: How can we promote prosperity, improve standards of living, and seek the most happiness for the most people? b) Respecting freedom: How do we respect individual rights? Divides into two camps: laissez-faire (voluntary choices) and fairness (everyone has an equal opportunity). c) Cultivating virtue: How do we achieve the good life? How do we integrate justice with our religion/values?

What is communitarianism?

an ideology that emphasizes the responsibility of the individual to the community and the social importance of the family unit." Sandel explains that in this idea we cannot separate justice from our social attachments.

"Mill thinks we should maximize utility, not case by case, but ___________. And over time, he argues, ____________ will lead to the greatest human happiness.

in the long run; respecting individual liberty

Only when regarding myself from the ____________ realm can I regard myself as free.

intelligible

"It's hard to separate questions of ________ from questions of _________.

justice and rights; honor and virtue

"If we act out of some motive other than duty, such as self-interest, for example, then our act _________."

lacks moral worth

The Purple Heart honors _______ injuries, not _______.

physical, psychological

Ancient theories of justice start with ________, while modern theories of justice start with __________.

virtue, freedom

Why does Sandel think Rawls and Kant have to accept moral individualism?

In order to have autonomy and to act without knowing our place in society (via the veil of ignorance), we cannot have pre-existing ties and responsibilities to act upon. As a free and independent self, obligation is no greater for one man than another.

What does Sandel say is the most glaring weakness of Utilitarianism?

It fails to respect individual rights and instead works for the greater good of the sum of society.

What is the diversity argument for affirmative action?

It functions on the assumption that a diverse student population promotes learning in different ways, with different backgrounds to contribute to the process. It also claims that equipping minorities with new opportunity and skill contributes to the common good of society.

"For liberal political theory (he means libertarians in the context of this book), slavery is unjust because ________, for teleological theories, slavery is unjust because ___________."

It is coercive; it is at odds with our nature.

Explain the "Degradation and higher goods" objection to selling parental rights to infants.

It is degrading to treat babies and pregnancy as commodities—something made and sold for the use of a "consumer." It is degrading to treat women's bodies as factories. Human rights cannot have monetary value placed on them like any other products.

What is the difference between being entitled to a thing and deserving the thing?

It is sort of like the difference between a game of chance and a game of skill—you may be entitled to something that you don't deserve, like lottery winnings. You are entitled to them just because of the rules and principles laid out beforehand, not because you did anything to earn the winnings.

For Aristotle, what is the telos of the polis?

It is to form good citizens and cultivate good character.

What does it mean to say that justice is honorific?

It means that in order to reason through the purpose of a practice, we must also reason through the virtues being rewarded.

What two conditions must be met in order for slavery to be just, according to Aristotle?

It must be necessary and natural

What is the compensatory argument for affirmative action?

It says that minority students "should be given preference to make up for a history of discrimination that has placed on them an unfair advantage"

What does Sandel say is the strongest argument for the defense in the case of the three sailors?

It was necessary to kill one in order to save three.

For Nozick, distributive justice depends on what two requirements?

Justice in initial holdings (were the resources you used to earn your money legitimately yours?) and justice in transfer (did you earn your money through free exchange in the marketplaces or from gifts bestowed upon you?).

Explain what Kant thought about lying

Kant believes that "the duty to tell the truth holds regardless of the consequences."

As explicitly as you can, state the argument (raised by opponents of apologies for historical injustices) on which Sandel focuses.

Later generations can not apologize for something earlier generations did that they had no part in—apologizing is equivalent to taking responsibility, and it isn't fair to tax people who weren't even alive during the time of the crime

What is paternalism, in the legal context?

Laws that protect people from harming themselves.

What is the libertarian case for upholding contracts? What is the utilitarian case for upholding contracts?

Libertarian: contracts uphold the freedom of choice; "to uphold a contract between two consenting adults is to respect their liberty." Utilitarian: contracts promote welfare; "if both parties agree to a deal, both must derive some benefit or happiness from the agreement."

What are the three ways that Sandel thinks that obligations can arise? Which of the three does Rawls reject?

Natural duties, voluntary obligations, and obligations of solidarity. Rawls would reject the third.

"Obligations of solidarity are objectionable only if they lead us to violate a ______ _______."

Natural duty

What did Marshall say about the telos of marriage?

She claims that the essence of marriage is "an exclusive, loving commitment between two partners—be they straight or gay," and I agree with that.

What is the difference between welfare and economic prosperity?

"welfare" in this context (well-being) may mean something different to each person, whereas economic prosperity (though relative in its own way) is a pretty objective state.

List the nations that have made some form of official apology in the last 50 years, and what they were apologizing for.

- Germany, for the holocaust/WWII - Japan, for sexual slavery of women - Australia, for its injustices toward the indigenous peoples - United States, for Japanese internment camps and slavery

Objections to the volunteer army

1) The volunteer Army is unfair, because the poor aren't "all that free" if and when they enlist. 2) Military service is a civic obligation. All citizens have a duty to serve their country. If it's a duty for everyone, then it's wrong to put it for sale on the open market.

Three ways to allocate military service

1. Conscription 2. Conscription allowing paid substitutes (Civil War system) 3. Market system (volunteer army)

What does Dworkin claim is the difference between segregation-era racial exclusion and affirmative action?

Affirmative action involves no prejudice and makes no claims that one race is inferior to another. It simply states that diversity may be a useful quality for an instution.

What is moral individualism as Sandel uses the term?

:One is responsible only for what one does, not for the actions of other people, or for events beyond our control.

What is a commutation fee?

A commutation fee was part of a draft law through which a person who desired not to serve in the army could pay $300 to the government instead.

What does it mean to say that contracts carry moral weight because they involve the ideals of autonomy and reciprocity?

A deal isn't a deal merely because of the consent of each party—it takes the effort of fulfilling an obligation that we autonomously took upon ourselves to fulfill AND it takes two willing participants to hold up their end of the deal, keeping mutual benefit and reciprocity intact.

Who was Herman Marion Sweatt?

A student refused admission to the University of Texas Law School in 1946 for his race.

What is utility?

According to Bentham, it is "whatever produces pleasure or happiness, and whatever prevents pain or suffering.

Who defended price gouging laws and what were his arguments?

Charlie Crist, Florida's attorney general: it is morally wrong (by ethics of virtue) for a seller to monopolize on the distress of those affected by the disaster.

What test did Rawls suggest for how one might think about whether a political argument violates the principle of neutrality?

In order to assure that our arguments are neutral, we can ask ourselves, "How would our argument strike us presented in the form of a supreme court opinion?"

Explain the Casey Martin story.

Golf cart golf tournament guy, walking isn't a part of the telos of golf, blah blah.

Explain Thorndike's survey. What do you think it says about Utilitarianism?

He asked people how much money it would take to get them to do ridiculous or painful things, hoping to prove that a single scale can be used to compare the value of goods. I think it just proves that everyone places different value on things, because different details had to be considered to reach these conclusions.

Why does Sandel dismiss the defense of affirmative action that claims that testing differences can be traced to different backgrounds?

He claims that assessing test scores in light of cultural differences doesn't challenge the notion that colleges and universities should admit students with great academic promise; rather that it just seeks to find the most accurate measure of said academic promise.

Does Sandel accept or reject the principle of neutrality? Why?

He rejects it because he doesn't think it is possible to remain neutral.

Does Sandel think moral individualism is true or false?

He seems to find it false—he believes in moral obligation and takes it further to say that there is more at stake than even that.

Sandel gives a utilitarian argument against income redistribution. What is this argument?

High taxes would reduce productivity, and less productivity would leave less to distribute. Thus lowering the overall level of utility.

How does Mill distinguish higher pleasures from lower pleasures?

If there are two pleasurable options, you choose the one that others who have experienced both prefer more—without considering any moral obligation to choose one over the other.

How does the idea of telos inform the earlier debate about affirmative action?

In affirmative action, we must define what the purpose or the mission of the institution is before we can decide who is worthy of acceptance into each program.

Would the principled objection be compelling for a utilitarian?

No, it wouldn't hold up for a utilitarian. If there are indeed civic and societal benefits to affirmative action, then the disappointment the privileged white kids feel would not outweigh the benefits enough for a utilitarian.

According to Sandel, can a libertarian be a utilitarian?

No?? If you believe in universal human rights, you're probably not a utilitarian

Objections to utilitarianism (1) and reply

Objection One: If Utilitarianism were true, it would be okay to sometimes violate individual rights. But it's not okay to violate individual rights. So Utilitarianism is not true. Reply: But isn't it sometimes okay to violate individual rights?

Objection (2) to utilitarianism and reply

Objection two: It is impossible to do the math that Utilitarianism requires, because some things have incommensurable value. (Two things are incommensurable if they can not be sensibly "added." Reply: But pleasures and pains can be sensibly compared. We do it all the time!

Explain the story of Sam the repairman.

Sam claims that if he fixes the car in 5 minutes, the client owes $50. However, he also claims they owe him $50 if he works for an hour, even if he doesn't fix the car.

What two objections to this argument does Sandel mention?

Sandel objects that the benefits to those three men don't really outweigh the cost that the murder puts on society. He also says, essentially, that it is just downright morally wrong, without the consideration of the cost/benefit ratio.

The crux of the libertarian claim is the idea of ________.

Self-ownership

Explain the case of the Sterns and Mary Beth Whitehead.

The Sterns were unable to have children, so put their case in the hands of a surrogate mother, Whitehead, who they offered to pay $10,000 in exchange for the child. They signed a contract, but by the time the baby was delivered Whitehead couldn't part with her and fled.

Who does Aristotle think should get the best flutes? Why does Aristotle think that?

The best flute players. Because "justice distributes according to merit" and the merit, in this case, is flute-playing talent.

Which of the three approaches to justice does Kant accept?

The connection of justice to freedom

What reasons does Sandel give for doubting that moral desert can easily be detached from distribtutive justice?

There is an honorific aspect of justice that makes claims about who is deserving of what in each situation. Second, while merit may seem directly related to the missions defined by social institutions, these missions are not just freely creative without limits or rules.

Explain the dispute over The Purple Heart.

The dispute is over what qualifies an injury to be worthy of the award. On the extreme sides of the argument: some say psychological injuries should count, others say the injury must involve the physical "shedding of blood."

How does Sandel argue that consent is not enough to make a contract morally binding?

The fact that an agreement was made does not automatically mean that the agreement is fair

What are the two arguments in favor of free markets?

The first argument is the libertarian/freedom case for free markets, which states that any laws that interfere with the market also interfere with individual liberty. The second is the utilitarian/welfare argument, which claims that two people making a deal that works for each of them promotes the general welfare of society.

What are the two objections to the diversity argument?

The first, PRACTICAL objection questions the effectiveness of affirmative action entirely, claiming it may do more harm than good. The second, PRINCIPLED objection claims that using ethnicity as a factor in admissions is just unfair—it is not an applicant's fault if they were born as a white, privileged American.

What is the difference principle?

The idea that permitting certain inequalities would help to improve the situation of those who have the least. Only the social inequalities that benefit the poor would be permitted.

What is the principle of neutrality?

The idea that the state should remain neutral between competing versions of "the good life."

What is "the natural lottery?"

The natural lottery is the name given to the economic, social or political circumstance you were in which you were born.

Explain the principled objection to affirmative action.

The principled objection rests on fairness. Quite simply, it is not fair to put a competitive disadvantage on a student who was born into privileged circumstances at no fault of their own. This violates the rights of the applicant.

State the principle of utility.

The right thing to do is whatever will maximize utility (happiness; pleasure).

Explain the runaway trolley example

The runaway trolley example shows that two similar cases cannot be governed by the same logic—killing one to save five is relatively good, but is it always the "most desired" case?

Explain the "Veil of Ignorance."

The veil would temporarily prevent us from knowing anything about our social status—we wouldn't know who we end up to be in order to make decisions of principle for society in an unbiased manner.

Why does Rawls reject moral desert as the basis for distributive justice?

There are two reasons. The first is that talents or birth-given opportunities have nothing to do with anything you've done for yourself. The second is based on the claim that the things a society values at any given time may also be decided arbitrarily.

What do the questions about torturing Bob / Torturing Bob's daughter say about utilitarianism?

Torturing just Bob could be both objected and supported with utilitarian arguments. However, the question involving Bob's daughter is truly utilitarian and can only be supported when considering the number of lives endangered. Torturing Bob's daughter cannot be morally supported in any way.

What was Bentham's argument in favor of the principle of utility?

We are at the mercy of our feelings of pleasure and pain, so our standards of right and wrong yield to them.

According to Aristotle, how do we become just?

We become just through practicing habits that promote good moral character.

Explain what Kant believed about sex outside of marriage.

We do not own ourselves and are not at our own disposal; therefore "casual sex" is degrading because it uses a partner as a means to satisfaction of sexual desires, rather than respecting the humanity of him/her.

Arguments for PG Laws

Welfare Argument - The welfare of society is helped, not hurt, by price gouging laws; for, they most hurt the least well-off. Freedom argument - PG laws do not deny freedom, because the free market is not really free. People have to buy those things. Virtue argument - "Vultures" who prey on the helpless should be punished, not rewarded.

"The case for unfettered free markets rests on two claims - one about welfare, one about freedom."

Welfare argument - price gouging laws disincentivize people from providing goods and services. Freedom argument - respect individual freedom means allowing people to choose for themselves the value they place on goods and services

Sandel says that the debate about price gouging revolves around three ideas. What are those three ideas?

Welfare, freedom and virtue

For Virtue Theorists, the good is_________ , the right action is that action that a person with the character traits that lead to __________ would do.

eudaimonia

Only when I act in accordance with the categorical imperative am I acting _____________."

freely (autonomously)