Justice_ What's the Right Thing to Do_ - Michael Sandel [116]
This way of thinking about justice is at odds with Aristotle’s way. He doesn’t believe that principles of justice can or should be neutral with respect to the good life. To the contrary, he maintains that one of the purposes of a just constitution is to form good citizens and to cultivate good character. He doesn’t think it’s possible to deliberate about justice without deliberating about the meaning of the goods—the offices, honors, rights, and opportunities—that societies allocate.
One of the reasons Kant and Rawls reject Aristotle’s way of thinking about justice is that they don’t think it leaves room for freedom. A constitution that tries to cultivate good character or to affirm a particular conception of the good life risks imposing on some the values of others. It fails to respect persons as free and independent selves, capable of choosing their ends for themselves.
If Kant and Rawls are right to conceive freedom in this way, then they are right about justice as well. If we are freely choosing, independent selves, unbound by moral ties antecedent to choice, then we need a framework of rights that is neutral among ends. If the self is prior to its ends, then the right must be prior to the good.
If, however, the narrative conception of moral agency is more persuasive, then it may be worth reconsidering Aristotle’s way of thinking about justice. If deliberating about my good involves reflecting on the good of those communities with which my identity is bound, then the aspiration to neutrality may be mistaken. It may not be possible, or even desirable, to deliberate about justice without deliberating about the good life.
The prospect of bringing conceptions of the good life into public discourse about justice and rights may strike you as less than appealing—even frightening. After all, people in pluralist societies such as ours disagree about the best way to live. Liberal political theory was born as an attempt to spare politics and law from becoming embroiled in moral and religious controversies. The philosophies of Kant and Rawls represent the fullest and clearest expression of that ambition.
But this ambition cannot succeed. Many of the most hotly contested issues of justice and rights can’t be debated without taking up controversial moral and religious questions. In deciding how to define the rights and duties of citizens, it’s not always possible to set aside competing conceptions of the good life. And even when it’s possible, it may not be desirable.
Asking democratic citizens to leave their moral and religious convictions behind when they enter the public realm may seem a way of ensuring toleration and mutual respect. In practice, however, the opposite can be true. Deciding important public questions while pretending to a neutrality that cannot be achieved is a recipe for backlash and resentment. A politics emptied of substantive moral engagement makes for an impoverished civic life. It is also an open invitation to narrow, intolerant moralisms. Fundamentalists rush in where liberals fear to tread.
If our debates about justice unavoidably embroil us in substantive moral questions, it remains to ask how these arguments can proceed. Is it possible to reason about the good in public without lapsing into wars of religion? What would a more morally engaged public discourse look like, and how would it differ from the kind of political argument to which we’ve become accustomed? These are not merely philosophical questions. They lie at the heart of any attempt to reinvigorate political discourse and renew our civic life.
10. JUSTICE AND THE COMMON GOOD
On September 12, 1960, John F. Kennedy, the Democratic candidate for president, gave a speech in Houston, Texas, on the role of religion in politics.