Justice_ What's the Right Thing to Do_ - Michael Sandel [125]
Justice and the Good Life
Over the course of this journey, we’ve explored three approaches to justice. One says justice means maximizing utility or welfare—the greatest happiness for the greatest number. The second says justice means respecting freedom of choice—either the actual choices people make in a free market (the libertarian view) or the hypothetical choices people would make in an original position of equality (the liberal egalitarian view). The third says justice involves cultivating virtue and reasoning about the common good. As you’ve probably guessed by now, I favor a version of the third approach. Let me try to explain why.
The utilitarian approach has two defects: First, it makes justice and rights a matter of calculation, not principle. Second, by trying to translate all human goods into a single, uniform measure of value, it flattens them, and takes no account of the qualitative differences among them.
The freedom-based theories solve the first problem but not the second. They take rights seriously and insist that justice is more than mere calculation. Although they disagree among themselves about which rights should outweigh utilitarian considerations, they agree that certain rights are fundamental and must be respected. But beyond singling out certain rights as worthy of respect, they accept people’s preferences as they are. They don’t require us to question or challenge the preferences and desires we bring to public life. According to these theories, the moral worth of the ends we pursue, the meaning and significance of the lives we lead, and the quality and character of the common life we share all lie beyond the domain of justice.
This seems to me mistaken. A just society can’t be achieved simply by maximizing utility or by securing freedom of choice. To achieve a just society we have to reason together about the meaning of the good life, and to create a public culture hospitable to the disagreements that will inevitably arise.
It is tempting to seek a principle or procedure that could justify, once and for all, whatever distribution of income or power or opportunity resulted from it. Such a principle, if we could find it, would enable us to avoid the tumult and contention that arguments about the good life invariably arouse.
But these arguments are impossible to avoid. Justice is inescapably judgmental. Whether we’re arguing about financial bailouts or Purple Hearts, surrogate motherhood or same-sex marriage, affirmative action or military service, CEO pay or the right to use a golf cart, questions of justice are bound up with competing notions of honor and virtue, pride and recognition. Justice is not only about the right way to distribute things. It is also about the right way to value things.
A Politics of the Common Good
If a just society involves reasoning together about the good life, it remains to ask what kind of political discourse would point us in this direction. I don’t have a fully worked out answer to this question, but I can offer a few illustrative suggestions. First, an observation: Today, most of our political arguments revolve around welfare and freedom—increasing economic output and respecting people’s rights. For many people, talk of virtue in politics brings to mind religious conservatives telling people how to live. But this is not the only way that conceptions of virtue and the common good can inform politics. The challenge is to imagine a politics that takes moral and spiritual questions seriously, but brings them to bear on broad economic and civic concerns, not only on sex and abortion.
In my lifetime, the most promising voice in this direction was that of Robert F. Kennedy, as he sought the Democratic presidential nomination