Justice with Michael Sandel (Ep.6): What's The Right Thing To Do? Mind your motive
PART ONE: MIND YOUR MOTIVE Professor Sandel introduces Immanuel Kant, a challenging but influential philosopher. Kant rejects utilitarianism. He argues that each of us has certain fundamental duties and rights that take precedence over maximizing utility. Kant rejects the notion that morality is about calculating consequences. When we act out of duty—doing something simply because it is right—only then do our actions have moral worth. Kant gives the example of a shopkeeper who passes up the chance to shortchange a customer only because his business might suffer if other customers found out. According to Kant, the shopkeepers action has no moral worth, because he did the right thing for the wrong reason.
PART TWO: THE SUPREME PRINCIPLE OF MORALITY
Immanuel Kant says that insofar as our actions have moral worth, what confers moral worth is our capacity to rise above self-interest and inclination and to act out of duty. Sandel tells the true story of a thirteen-year old boy who won a spelling bee contest, but then admitted to the judges that he had, in fact, misspelled the final word. Using this story and others, Sandel explains Kants test for determining whether an action is morally right: to identify the principle expressed in our action and then ask whether that principle could ever become a universal law that every other human being could act on.
PART ONE: FREE TO CHOOSE
Sandel introduces the libertarian conception of individual rights, according to which only a minimal state is justified. Libertarians argue that government shouldnt have the power to enact laws that 1) protect people from themselves, such as seat belt laws, 2) impose some peoples moral values on society as a whole, or 3) redistribute income from the rich to the poor. Sandel explains the libertarian notion that redistributive taxation is akin to forced labor with references to Bill Gates and Michael Jordan.
PART TWO: WHO OWNS ME?
Libertarian philosopher Robert Nozick makes the case that taxing the wealthy—to pay for housing, health care, and education for the poor—is a form of coercion. Students first discuss the arguments behind redistributive taxation. Dont most poor people need the social services they receive in order to survive? If you live in a society that has a system of progressive taxation, arent you obligated to pay your taxes? Dont many rich people often acquire their wealth through sheer luck or family fortune? A group of students dubbed Team Libertarian volunteers to defend the libertarian philosophy against these objections.
PART ONE: DEBATING SAME-SEX MARRIAGE
If principles of justice depend on the moral or intrinsic worth of the ends that rights serve, how should we deal with the fact that people hold different ideas and conceptions of what is good? Students address this question in a heated debate about same-sex marriage. Should same-sex marriage be legal? Can we settle the matter without discussing the moral permissibility of homosexuality or the purpose of marriage?
PART TWO: THE GOOD LIFE
Professor Sandel raises two questions. Is it necessary to reason about the good life in order to decide what rights people have and what is just? If so, how is it possible to argue about the nature of the good life? Students explore these questions with a discussion about the relation of law and morality, as played out in public controversies over same-sex marriage and abortion. Michael Sandel concludes his lecture series by making the point that, in many cases, the law cant be neutral on hard moral questions. Engaging rather than avoiding the moral convictions of our fellow citizens may be the best way of seeking a just society.
PART ONE: PUTTING A PRICE TAG ON LIFE
Today, companies and governments often use Jeremy Benthams utilitarian logic under the name of cost-benefit analysis. Sandel presents some contemporary cases in which cost-benefit analysis was used to put a dollar value on human life. The cases give rise to several objections to the utilitarian logic of seeking the greatest good for the greatest number. Should we always give more weight to the happiness of a majority, even if the majority is cruel or ignoble? Is it possible to sum up and compare all values using a common measure like money?
PART TWO: HOW TO MEASURE PLEASURE
Sandel introduces J.S. Mill, a utilitarian philosopher who attempts to defend utilitarianism against the objections raised by critics of the doctrine. Mill argues that seeking the greatest good for the greatest number is compatible with protecting individual rights, and that utilitarianism can make room for a distinction between higher and lower pleasures. Mills idea is that the higher pleasure is always the pleasure preferred by a well-informed majority. Sandel tests this theory by playing video clips from three very different forms of entertainment: Shakespeares Hamlet, the reality show Fear Factor, and The Simpsons. Students debate which experience provides the higher pleasure, and whether Mills defense of utilitarianism is successful.
PART ONE: THE CLAIMS OF COMMUNITY
Professor Sandel presents Kants objections to Aristotles theory. Kant believes politics must respect individual freedom. People must always respect other peoples freedom to make their own choices—a universal duty to humanity—but for Kant, there is no other source of moral obligation. The discussion of Kants view leads to an introduction to the communitarian philosophy. Communitarians argue that, in addition to voluntary and universal duties, we also have obligations of membership, solidarity, and loyalty. These obligations are not necessarily based on consent. We inherit our past, and our identities, from our family, city, or country. But what happens if our obligations to our family or community come into conflict with our universal obligations to humanity?
PART TWO: WHERE OUR LOYALTY LIES
Professor Sandel leads a discussion about the arguments for and against obligations of solidarity and membership. Do we owe more to our fellow citizens that to citizens of other countries? Is patriotism a virtue, or a prejudice for ones own kind? If our identities are defined by the particular communities we inhabit, what becomes of universal human rights? Using various scenarios, students debate whether or not obligations of loyalty can ever outweigh universal duties of justice.
PART ONE: HIRED GUNS
During the Civil War, men drafted into war had the option of hiring substitutes to fight in their place. Professor Sandel asks students whether they consider this policy just. Many do not, arguing that it is unfair to allow the affluent to avoid serving and risking their lives by paying less privileged citizens to fight in their place. This leads to a classroom debate about war and conscription. Is todays voluntary army open to the same objection? Should military service be allocated by the labor market or by conscription? What role should patriotism play, and what are the obligations of citizenship? Is there a civic duty to serve ones country? And are utilitarians and libertarians able to account for this duty?
PART TWO: MOTHERHOOD: FOR SALE
In this lecture, Professor Sandel examines the principle of free-market exchange in light of the contemporary controversy over reproductive rights. Sandel begins with a humorous discussion of the business of egg and sperm donation. He then describes the case of Baby M"—a famous legal battle in the mid-eighties that raised the unsettling question, Who owns a baby?" In 1985, a woman named Mary Beth Whitehead signed a contract with a New Jersey couple, agreeing to be a surrogate mother in exchange for a fee of $10,000. However, after giving birth, Ms. Whitehead decided she wanted to keep the child, and the case went to court. Sandel and students debate the nature of informed consent, the morality of selling a human life, and the meaning of maternal rights.