Ethics Chapter 6 8
Ethics Chapter 6 8
ETHICS OF VIRTUE
Ethical and moral philosophers of various strands and is divergent traditions agreed
overwhelmingly, that there are three (3) main ethical schools of thoughts. They are Virtue
Ethics (by the Greeks), the Deontological Ethical School of Thought and Utilitarianism.
It does not mean that the above enumeration cited are exclusive or that there is no other
different kind of schools of moral and ethical thoughts. This is very far from the truth. The truth
of the matter is that, the different ethical and moral schools of thoughts are not limited to the said
three (3) schools listed above. Yet, the said schools enjoys a certain edge as compared to the
others, because they (the other branches or breeds) are just sub-variety, sub-branch or they just
came by and arose from the same specie of the same brand. Meaning, the three (3) ethical
schools of thoughts are the prime sources, while the others are mere footnotes or sub-schools.
"Let us begin our discussion with the ethical school of thoughts of the Greeks. The Greek word for
virtue is arête, while ethics came from ethikos, which means "arising from habits." Aristotle, 1 particular
used the word hexis, to mean an "entrenched state of moral character that orients our feelings and desires
in a situation." (Professor Michael Tan's article "Habits of the Heart, PinoyKasi, Philippine Daily
Inquirer)
Because of those two (2) baseless charges, he was tried by an incompetent, 1gnorant jury.
Instead of appealing for the jury's leniency, he gave such an explosive defense speech at the trial
that further infuriated those 'righteous' men. Hence, he was sentenced to death by drinking a
poison known as hemlock. With all dignity, composure and true bravery, he accepted his fate,
drunk the hemlock and died heroically as the first martyr of philosophy. Why was he killed?
Well, simply because he was a true, good, just and indeed a very noble man and philosopher.
He keeps on saying that, he who knows what good will do good and that 'unexamined
life is not worth living. We could also add that a life without discourse would be unworthy of a
man. According to JosteinGaarder:
“By this he meant that the right insight leads to the right action. And only he who does right can
be a 'virtuous man. When we do wrong it is because we don't know any better. That is why it is so
important to go on learning. Socrates was concerned with finding clear and universally valid definitions of
right and wrong...he believed that the ability to distinguish between right and wrong lies in people's
reason and not in society.” (Sophie's World, A Novel about the History of Philosopliy, 1991).
Needless to state, such "brutal and 'subversive ethical beliefs of Socrates cost him his life, but
certainly not, never his soul, dignity and humanity. The ignorant jury of his land may have succeeded in
killing his body, but they miserably failed to kill Socrates' ideas and ethical philosophy.
We shall now turn our attention and exposition to his greatest student.
So for Plato, in order for a man to have a well-ordered, well-organized, complete soul,
the said three (3) elements must be in perfect order of things. In simple terms, what he is trying
to convey to us is that we as human must use the reason of our heads, the passion of our hearts
and the desires of our stomach --- properly. In order for us to understand this better, let us have a
simple illustration. For our example, let us suppose that Y is a student who will going to have d
final examination tomorrow under Professor X. It so happens that today was the birthday of
his/her dearest friend and the celebration would be held tonight. Now, Y knowing his friend
since day one is a beer lover and that it used to drink to death. Y knew from past experience that
if he will attend the (drinking to the max) birthday celebration of his friend, he without a doubt
will be dead drunk. How will he going to take the said examination the following morning at
exactly 7:30am?
So, this is our case in point. Now, applying the ethical philosophy of Plato, how are we
going to react and decide, we are in the shoe of Y? How and why?
Before we dwell and analyse the problem, let us first enumerate the Four (4) Cardinal
Virtues according to our philosopher. He lay down and discusses them thoroughly in his
monumental work, The Republic. No doubt about it the said book is one of his magnum opus.
These are the following virtues:
1. Wisdom (translated as Sophia. Some commentators, translates this as Episteme, yet such
translation is not accurate, because that word means today as knowledge. In fact, the
word is the very root word of another branch of philosophy which is known as
Epistemology [it is the branch of philosophy that deals with the study of knowledge;
its origin, sources, values, evaluation and validation, etc.]; while some other writers
and commentators claimed it is also known as Techron)
2. Courage (translated today as Andrea).
3. Temperance (translated today as Sophrosune, which means a ‘sense of the whole’, sense
of balance and equilibrium)
4. Justice (today, it is translated as Dikaiosune. The root word of this particular virtue is
dikaios, which means fair, just, righteous, also it means pious).
5. Later, Plato's greatest student, Aristotle (in his book, “The Nicomachean Ethics") will
include in the list of the Cardinal Virtues, the virtue of Friendship. Such virtue today is
translated as Philia and/or Agape as opposed to Eros or the erotic kind of love and
'friendship’)
Let us try dissecting the given problem and see if we can apply Plato's idea for a reasonable
resolution of the problem, in conjunction with the given Cardinal Virtues.
If we will go to the party, definitely, we will get drunk. If that happens, it goes without
saying that we won't be able to take the examination. Or assuming, for the sake of the argument
that we were able to take the said test, are we sure that we will have a good score? On the other
hand, if we decided not to come to our friend's celebration, we will be attacked by a certain
degree of guilt feelings. Imagine, we are the best friend of the celebrant, yet we are absent on
his/her special occasion! Now, are you seeing and appreciating the complexities of the given
varied situations? Here now comes the so called “struggle within" or "internal conflict." It is the
understandable that a portion of ourselves or our soul want to go and another wish to stay and
study and review. Following Plato, it is more reasonable based on the given problem to just stay
in the house and study for the examinations. If your friend is a true friend, then he/she would
undeniably understand your predicament. Because if you decided instead to go and be with your
friend, then that would entail disastrous effects on your part. Undeniably, you have committed an
act of injustice to yourself, to your teacher, to your parents, to your love-ones, and in a larger
sense, to the world in general. Plato in a way will tell that it is not reason that you followed but
your passion or desires. Hence according to him, that choice is giving- in to the weakness of
your will. In Greek, Plato calls it as Akrasia
To further elucidate on this very important point, according to Professor Alasdair
Maclntyre:
"Justice in the soul is likewise a matter of each part of the soul performing its proper and
allocated function. An individual is wise in virtue of reason ruling in him and brave in virtue of the spirited
part playing its role; an individual is temperate if his inferior bodily appetites are ruled by his reason. But
justice belongs not to this or that part or relationship of the soul, but to its total ordering.” (A Short
History of Ethics, 1966)
The time now is ripe for us to turn our academic examination and intellectual discourse to
the last member of the Greek Triumvirate. He was well-known to be Plato's greatest pupil and
was even considered as the walking encyclopaedia of his time.
NICOMACHEAN ETHICS
For Aristotle, the solution for the perfection of man's soul lies in forging a sense of
balance. That is how to seek the Golden Mean.
According to Professor Rogelio B. Maguigad, Aristotle viewed morality as:
"A state in which reason controls a person's irrational desires and appetites so that he or she
expresses acceptable behaviour...Aristotle believed that moral conduct needed more than just
knowledge of the good; it requires that a person practices the good until it becomes a habit and part
of his normal behaviour." (Philosophy of Human ben8, 2000, Libro Filipino)
You will immediately note the similarity of Socrates, Plato and Aristotle's ethical
viewpoints. The three of them, believes unshakably in the power of man's reason. Indeed, to
them, the answer lies within and not without.
EXERCISE NO. 6
Meeting Ethical Dilemma and the Moral Landscape
Now that we are through tackling the three (3) ethical schools of thoughts, though in brief; you know
have a working knowledge of their central ethical philosophy, the time now is ripe to apply those
principles that you have just learned. Below are problems, series of ethical dilemmas. Use all the things
that you learn in the module in finding the most appropriate solution to the conflict.
1. You and your mother, together with your father are in a boat or yacht somewhere in Coron,
Palawan. The three (3) of you are now in the middle of the sea; suddenly without any sign or
warning the weather changes from such a beautiful sunny day into a raging typhoon. Next thing
that you saw is a giant wave that made your vehicle buried underneath the angry waters. Because
you're an excellent swimmer, you fought your way all the way back to the surface. The question
is, who among our parents would you going to salvage/save? Why? Before you answer, be put on
notice that both of them do not know how to swim. Both of them are 55 years old. Further, given
the Condition, you can only save one. Who would it be? Again, why?
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2. Same situation as problem no. 1, yet we will vary the facts of the case. This time, you are with
your mother and wife, who would you going to rescue! Why?
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3. Still, same situation as nos. 1 and 2, only this time, you are with your wife and son, who would
you going to salvage? Why
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4. Yes, we are still on situations nos. 1, 2, and 3, but this time, you are with your son and daughter;
who would you going to save? Why?
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5. What particular ethical school of thoughts you will apply use or utilize? Would it be the Greek
Virtue? Or, may be, The Utilitarian or perhaps the Kantian imperative? Why? Would it be
possible to combine all of the said ethical schools? Why?
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CHAPTER 7
UTILITARIANISM
JEREMY BENTHAM (1748-1832)
Bentham was born at Houndsditch, London. At the age of four, he v\was already learning Latin
grammar. At the age of 12, he studied at Queen's College in Oxford where he was not attracted due to the
vices and laziness of his fellow students. His father destined him for legal profession but Bentham
preferred the life of reflection. Before his death, he left directions that he wishes his body to be dissected
for the benefit of science. His body was preserved at the University College in London.
Bentham is well-known for his principle of utility. However, clarification must be made since
strictly speaking, Bentham did not invent the principle by himself. Epicurus of the ancient has already
made use of it. Even Hume has already expressed it in his notion of justice where its sole origin is public
utility. Bentham expounded and applied the principle universally as the basic principle of morals and
legislation. He was described as a man of reason than the heart or feel11
Science cannot dictate what consequences are to be preferred. Utility (The Greatest
Happiness Principle) is a principle of conduct which prescribes that actions are right only in so
far as they promote the general happiness, or greater happiness of the greatest number. Actions
are wrong if they tend to produce the reverse of happiness. It is not a definition in which the
logical function of the word "right” must be fully explained. In other words, utilitarianism for
Mill is rather a way of life rather than a moral theory. Morality for him should be an art of
individual and social happiness. Happiness is universally recognized to be a good. It is the
ultimate end which all desire and seek. But things which originally sought and used as a means
to pleasure according to Mill, can be sought for its Own sake because (as long as associated to
pleasure) it is sought not as a means to pleasure or happiness but already as constituent and part
of it. Happiness is intended pleasure and the absence of pain. Unhappiness means pain, and
privation of pleasure. It is not a philosophy of ego1Sm because happiness base on Mill definition
does not pertain to the agent's own greatest happiness but the greatest amount of happiness
altogether. Each person's happiness is a good to that person, and the general happiness, therefore,
is a good to the aggregate of all persons. In other words, the one which is desirable is the general
happiness. If the general happiness is related to my happiness as a whole to part, in desiring the
general happiness I am desiring my own. Happiness is the harmonious satisfaction of the desires
of the individuals. A large part of it depends upon the satisfaction of his social impulses and
other regarding sentiments, According to Mill, a life of personal pleasure-seeking is self-
frustrating He has concluded that happiness is not attained by seeking it directly. One finds it by
striving after some goal other than one's own happiness or pleasure. The firm foundation of the
utilitarian morality is to be found in "the social feelings of mankind." These social feelings can
be described as the desire to be in unity with our fellow creatures.
From the foregoing, we can immediately discern a sense of 'the end justifies the means'
approach and tendency to this particular school of thought. And that claim will be bolster by the
fact that to the Utilitarians, the act would always be moral and ethical, so long as the
consequences of the act benefited a large number of people. The moral focus of this theory is not
the act itself of the moral agent, but primordially on the consequences, results and end-product of
the actions. As one of their central beliefs have stated, "The greatest good for the greatest
number. This moral theory as contrast to the Kantian Ethical School based the morality of their
actions, not on the goodness of the act itself, but on the benefits or the good results or the
favorable consequences of the said actions. Notably, the Utilitarians do not bother themselves
whether the act is moral or not, their only consideration is: will it benefit 'the greatest number of
the population of people. That is there only condition. Undeniably, this particular moral theory is
"result-oriented" or they are depended on the favorable consequences.
It must be noted that for Mill, pleasures are not all the same. According to him, some
kinds of pleasures are more desirable and more valuable than others. For him, it would be absurd
to suppose that pleasure only depend on quantity. Thus, in order to show this he gave us his
famous phrase that, "it is better to be a dissatisfied human being than a satisfied pig, and or,
better to be a dissatisfied Socrates than a satisfied fool." It is also interesting to note that the
other name of this moral theory is, The Consequentialist Ethical School of Thought.
Name: Date:
Year/Section: Rating:
EXERCISE NO. 7
REFLECTION
Confronting Corruption and Developing Ideals and Values of an Organization
It would be better to give a concrete situation, as always, for us to better understand this
particular subject matter. Below is an ethical problem concerning graft and corruption that is
presently happening in our society today!
Let us assume that you are a government employee. You are one of the staff under the finance
department. As an insider, you knew perfectly that your superior, the Undersecretary of the Department is
intimately involved in what we called as 'under the table, over the table, including the table" evil
transaction, yes indeed, super-corruption to the detriment of the public at large. Will you report or file a
complaint to the Office of the Ombudsman (yet you found out that, so many had already done so, yet the
said official had not acted upon the said complaint!). On the other hand, would you be willing to resign
your post? How about the future of your family? Or, are you willing to spill the beans, so to speak, be a
whistle-blower and face the entire bureaucratic wrath of your department?
Professor Tan gave such a deep observation with regard to the said problem we are
confronting, not only as a people but most importantly as a country. This is what he stated:
What's dangerous about these forms of corruption is that they are almost innocuous. Not
only that, they are sanctioned because everyone" seems to be doing it. The many forms of
corruption are there, accumulated and passed on as part of culture until it is no longer recognized
as wrong.
We need then to aim for a society where individuals can do good out of kusa, a
voluntary compliance that grows out of the "disposition"referred to by philosophers.
When we act out of kusa, it means it is spurred by a habit of the heart. (ibid., PDI, Feb.25,
2009)
In connection to this, another famous professor and a noted Sociologist gave us a firm
and straightforward advice and admonition Professor Randy David sternly wrote that:
Corruption will not be wiped out by mere moral exhortation. The pursuit of a just and
modern society has to find concrete expression in our everyday lives---in our efforts to assist the
poor among us in whatever way we can, in our refusal to take short cuts in public transactions, in
our resolve to criticize and avoid conflict-of-interest situations, in our staunch defense of the
autonomy of institutions, and in our conscious efforts to teach our children the values and norms
of modern citizenship. (Morality and Modernity, Public Lives, Philippine Daily Inquirer,
February 28, 2009, underscore supplied by the author)
In answering this ethical dilemma, you will also answer and settle the score with regard
to the topic above. Let me restate the matter once again, with resolve but this time, in a larger,
collective sense:
How are we going to confront and subsequently, ultimately fight corruption?
For the last barrage of the writer, he certainly begs the indulgence and patience of the
reader, if he will for the last time quote once again on another brilliant scholar and teacher.
According to Professor Christine Korsgard:
The moment of revolution is a vindication of morality, and so of our humanity. We are
masters of our own self-mastery, in control of our self-Control. Being human is not sapping our
strength, for we still know when to fight. The revolutionary does not become strong and free
when he picks his gun. Instead, he proves to us that he's been free all along. It is because the laws
of morality are his own laws that he finally prepared to fight for them. The doubt created by the
antimony is dispelled. Revolution teaches us nothing but what we have known all along: that
the good and the free person are one and the same. (Kant on the Right to Revolution, in
Reclaiming the History of Ethics, 1997, page 323)
It is only in doing so, that we will and the advocate sincerely hope that; finally --- we will
be able to develop ideals, genuine ones and for truly noble, not superficial nor imaginary and
pure values not only our internal organization, but our society as a whole and humanity in
general.
To wrap up this small, yet humble module, tell me what you do, what you blatantly
believe in, what you reasonably and passionately fighting and struggling for and I will
undeniably tell you --- who you are!!!
CHAPTER 8
SOCIAL CONTRACT THEORY
It is hard to imagine people arriving at agreements knowing they come from different families,
cultural backgrounds and traditions, social status and possess different kind of personalities. That is why it
is not surprising to find different conceptions of the good even in exclusive groups who adhere to the same
religion, even between friends, and inside a family. It is somehow part of what we may call natural
boundary that what T have in mind is different from yours or from another else. My hands are not your
hands. Even we read the same kind of book definitely, we will see different perspectives. But we can
exchange ideas. We can share hands in work regardless of our unique thumb marks. And, we can have a
discourse and a brainstorming of what we have in our minds. These what make a society no longer an 1-
Thou and 1-It relationship as in Martin Buber's account but more on We, Us and Our effort relationship.
Thus, the challenge is how can a government make the pluralist society engage in a social cooperation
without compromising the citizens differences or avoid the clashes of identities without any hostility? How
she can stabilize a connection among individuals while advancing her ideals as a society?
Contractarian Theory is a process of social arrangement. It is the key notion for achieving a
stable society and an excellent way of legitimizing the kind of society we want to live where there is no
violation of fairness. It means that we would not rely on a ready- made set of i.e., principle of justice that is
distributed to everybody regardless of any form of pluralism. In other words, it is a way of making a set of
standards for a society that permits coexistence in the face of I ndividual differences.
One of the fears of Hobbes was the evil result of a civil var. Having witnessed its drastic effects in
his own country and his hatred from it prompted him to suggest a centralized power which 1s the only
remedy he saw in order to attain peace, the preservation of life, and security from becoming prey to others.
Hobbes believed that men have the natural desire to have these and that the submission to an agreement
which will promote all of these desires would be their means of assurance for its compliance and
successful achievement.
For Locke, Ethics is an analysis of moral ideas. It is an activity of making a choice and giving
ideas structure frame) in order to pronoun1ce them as rules. According to Locke, there is no single set of
moral ideas or rules which men obey. Moral goodness for him is the agreement of our (voluntary) actions
to law in which the "idea of good" comes from the will (intention) of the law-giver while moral evil is the
opposite. However, the problem is which and whose law will be followed.
State of Nature
He maintained that in the state of nature, men were naturally free and equal. Men remain
free and equal according to their consent as they make themselves members of some political
societies. Unlike Hobbes, for Locke, men are not in a state of war. For him, men live together
according to reason but without a common superior who have authority to judge them. What
makes a state of war is the exercise of force and not the exercise of what is right. The exercise of
force is the violation of the state of nature. Although the state of nature is exercise at liberty, it is
not a license, It has a law of nature that governs everyone and that is the law of reason, liberty or
possessions. Reason obliges (dictates) men not to harm the life of another, health, liberty or
possessions. On the other hand, even there is no common sovereign or judge for them, and can
defend themselves against any aggressor's attack, men’s conscience (as creatures of God) are
bound by the natural moral law which obliges all free and independent civil society including all
its legal actions to abide (live according) by it.
Social Compact
For Locke, the very purpose of why men unite themselves into a political society under
one supreme government is for the preservation of their properties their lives, liberties, and
estates. This political society is established base on social compact (one collective consent) and
reason. Social compact is made by individual's consent. Whenever a person lends his Consent, at
the same time, he is making two contracts namely; (1) the formation of a political society and,
(2) the setting of a government within.
In setting up a government, each person's liberty has to be given up (sacrifice) in order to
authorize a legislative and executive power to make and implement the necessary (1needed) laws
for the common good. The person's surrender of liberty also means putting (subjecting) himself
along with the rest of the constituents (members) under the sets of limits arranged by the
legislative and executive power. But, these sets of limits will not make the constituents slave.
According to Locke, the will of the majority should always prevail and, the individual consent
must submit into it. On the other hand, Locke emphasized that no one can be subject to political
power of another or can be taken away from a government and political society without a
person's consent If, for example, the person is born in Canada or in London, he has no choice but
to submit himself to the obligation of being a citizen of that particular society. But later, the
person can renounce or withdraw from that society and can go to another society or can retire
somewhere in the world where living in the state of nature is allowed.
Government Built on Trust
The government has an obligation to fulfill. It has to fulfill the trust given by the people
who created it. In other words, the authority of the government is not absolute or without limit.
The supreme power and authority still remain in the hands of the people especially, the power to
remove or change the government when it is no longer acting for the common good or when it
fails to fulfill the people's trust. What is trust? Locke gave us tour bases or contents of this trust.
First, the legislative power must be under a law not contrary to the will of the majority and the
same for all. Second, the end of law must serve only the common good. Third, as protector of
property, taxes must be raised only according to the consent of the people. Fourth, power or
authority cannot be transferred to those whom the people did not entrust this power and
according to their consent.
When the priests of Confignon were looking for young converts from his Calvinist republic, he
was introduced to the Baroness de Warens before turning to sixteen (16). Baroness de Warens was a
woman of thirties and is separated from her husband. She specialized in helping young men. She urged the
young Rousseau to renounce his Protestant faith. She took him into her household and mothered him. She
even arranged a music lessons for him and gave hi1 access to library. ln 1778, he died at the age of 66.
Man's State of Nature
In his Discourse on the Arts and Sciences, for first Rousseau before, (primitive) man
satisfies his hunger at the first oak, foot slakes his thirst at the first brook. He finds his bed at the
fool of a tree which affords him a meal. Through all of these, alt of all his wants are supplied. He
is physically strong and unafraid of animals, and yet, overcame by his strength and skills. He
suffers from few illnesses. He needs little medicines and less doctors. His primary concern is
self-preservation. The s operations of his soul were to will or not to will, to desire and to fear.
His savage desire never goes beyond his physical wants. The only goods he recognizes were
food, a female and sheep he only evil he fears was pain and hunger. He is a man who wanders up
and down the forests, without industry, without speech and without home. He is an equal
stranger to war and ties. He does not need his fellow creatures. He does not have desires to hurt
them either. He does not have moral qualities and yet, he is not evil. He has no idea of good but,
he is not bad. Man in the primitive state of nature was good but not in the moral sense. There was
no sin in human nature.
Inequality
In his Discourse on Inequality, according to him, in the state of nature, the only
inequality in men was natural (physical). They were inequality in natural gifts and talents
(physical or mental) and, in all the rest men were born equal. When private property was
introduced, equality disappeared, forests became smiling fields, slavery and misery emerged, and
moral or political inequality took into effect. Metallurgy and agriculture have produced great
revolutions. And, moral distinction between justice and injustice appeared. According to him, if
there were no 'mine and thine' then, there were no concepts of justice and injustice. When the
first man enclosed a piece of land and said "this is mine” and found the people who were made
to believe it, according to Rousseau, that fist man was the real founder of the civil society. From
time on, the new born state of society gave rise to the horrible state of war. Rousseau thought
that men have returned to the state of nature but, unlike the original state of nature which rest on
innocence and simplicity, the new born state of nature was the result of corruption. According to
Rousseau, the solution is neither to abolish the new born society nor to go back to the woods.
What we need is to reform the society which hopefully, can be resolved through his Social
Contract theory.
Social Contract
For Rousseau, men are free by nature. They unite in societies in order to secure not only
their property and lite but also their liberty. Membership in society and obedience to its law
involve restraint or limit of liberty. Man becomes a subject to a master. But according to
Rousseau, it is in law alone that men owe justice and liberty. The law is the expression of man's
will. Thus, in obeying the law man is therefore, obeying his own reason and judgment and
following his own real will. To follow one's own judgment and will is to be free. Hence, the
obedient citizen is the truly free man since he obeys a law which expresses his own will (as long
as the law really expresses the general will and the real will of everyone and what their reason
dictates).
In the Social Contract, according to Rousseau, each person gives and makes his self and
all his power in common under a supreme direction of a general will. In a corporate (combine)
capacity, each member is welcomed as an indivisible part of the whole. The contract
immediately creates a moral and a collective body. This collective body will be called State
when it is passive. It will be called Sovereign when it is active and it will be called Power if it is
compared to other collectively body. The government will depend on the power of the sovereign
assembly. For Rousseau, the rise of the civilized society especially, through the invention of
private property 1s evil. But the society which was the product of the Social Contract makes
man's true nature fulfilled in the social order. Hence, the state becomes the source of justice and
the basis rights. In the society, intellectual and moral life can develop
Sovereignty: The General Will
The sovereign, according to Rousseau, is the public person which is formed by the union
of the individuals through the Social Contract. In other words, the sovereign is the whole body of
the people (themselves) as legislating, as the source of law. The law is the expression of the will.
It follows, that the sovereignty is the exercise of the general will itself. Each citizen 1S a member
of the sovereign and a member in the source of the law. If the sovereign is the power which
possesses the right of legislation then, the duty of the legislator is to make the laws agreeable to
the General Will or agreeable to each of its members.
The General Will is the people (public) who always aim for the preservation and welfare
of the whole and of every part of the legislating body. They are the source of the law. Its laws are
constituted for all the members of the State. It rules their relations to one another and, the rule for
what is just and unjust. The true sovereign is always the people, the whole body of citizens, and
the exercise of the General Will. Rousseau distinguished the General Will from the will of all.
According to him, the General Will is concern only with the common interest. The will of all
takes the private interest or the sum of particular wills (commonly represented by the will of
majority). In other words, the result of election might give us the wrong idea of what really is the
common good. Even the actual decision of the sovereign might also fail to express the General
Will but instead express the private interests. In this case, the law is not necessarily the true
expression of the General Will.
Part of the main aims of Rawls' book Theory of Justice was to provide a workable and
systematic moral idea that can oppose the theory of utilitarianism. For Rawls, the utilitarian idea
suggests that society has to be arranged so as to maximize the total "expected" well-being. He
complains that it fails to take seriously the distinction between persons (A Theory of Justice,
p.24). For Rawls, the problem is how to consider the inherent ability of each individual to think
for themselves (i.e., about their moral powers). How about the right of the people that the
principle (utilitarianism) is sacrificing, like that of the minorities? If we only have one life to
live, will it be justified to spare it for "others" and not for the sake of one’s own conception of
goal or plan of life? If it is not for the same liberty each individual has, then no liberty can be
protected at all. "A society united on a reasonable form of utilitarianism...would...require the
sanctions of state power to remain so. Rawls called this the fact of oppression (Political
Liberalism, p. 37).
The Two Principles of Justice
The two principles of justice address two different aspects of the basic structure of
society: The First Principle addresses the essentials of the constitutional structure. 1t holds that
society must assure each citizen "an equal claim to a fully adequate scheme of equal basic rights
and liberties, which Scheme is compatible with the same scheme for all. Among of these equal
basic rights and liberties are; freedom of thought and liberty of conscience; political liberties and
freedom of association, as well as the freedoms specified by the liberty and integrity of the
person, And the rights and the liberties covered by the rule of law. [cf. PL p.29]
The Second Principle addresses those aspects of the basic structure that shape the
distribution of opportunities, offices, to income, wealth, and in general social advantages. The
first part of the second principle holds that the social structures that shape this distribution must
satisfy the requirements of "fair equality of opportunity”. The second part of the second principle
is the famous "Difference Principle." It holds that it “social and economic inequalities...are to be
the greatest benefit of the least advantaged members of the society”. Each of these three
centrally addresses a different set of primary goods: the First Principle concerns rights and
liberties; the principle of Fair Equality of Opportunity concerns opportunities; and the Difference
Principle primarily concerns income and wealth [cf. Henry S. Richardson]
On the Priority of Liberty
According for Rawls, in understanding the priority of the basic liberties, we must
distinguish restriction and regulation PL. When we say tor example norm with respect to reasons
for public good, the priority of liberties is not infringed, they are mere regulated or just a
regulative means. For Rawls, each person has the capacity to think of his own goals or plans of
life and pursue them even they are firmly and deeply-held by religious, philosophical and moral
views. To protect one's ability to exercise one's power to change one's mind about such things
requires an adequate scheme of basic liberties so it can allow everyone to participate in i.e.,
political activities allow everyone of speech and organization, and maximizes each autonomy. In
the first principle we are made equal a break the barriers of differences with regard to color anu
race, gender and age, social status and other contingencies religious, philosophical and moral.
But it is important to know that liberties are much more important than equality. Equality 1 the
quality. Equality is only a guarantee of liberty. Prisoners, for example, enjoy the same equality
with us but are constrained in terms of liberty. Rawls argues that securing the First Principle
serves the higher-order interest in an effective sense of justice compare the pure utilitarian
alternative- by better promoting social stability, mutual respect, and social unity.
However, the principles of justice are to be ranked in lexical order, so as to restrict liberty
but only for the sake of liberty itself. There are two cases. First, a less extensive liberty must
strengthen the total system of liberty shared by all. Second, a less than equal liberty must be
acceptable to those with the lesser liberty. On the first case, it is best understood in the form of
constraining liberty to protect the liberty of all. "...a system of unfettered liberty will tend
overtime to accumulate concentrations of power and wealth which undermine the possibility of
being fair and truly free exchanges between economic and political unequal. Thus, even in the
name of liberty, it is important to constrain liberty [Norman Daniels Just Health Care]." We
cannot pursue our conception of the good and ideals as persons and as citizen if our means of
achieving liberty are held and oppressed.
On Fair Equality of Opportunity and Difference Principle
Second priority rule: the priority of justice over efficiency and welfare. It says that the
second principle of justice is lexically prior to the principle of efficiency and to that of
maximizing the sum of advantages; and fair opportunity is prior to the Difference Principle.
There are two cases: one, an inequality of opportunity must enhance the opportunities of those
with the lesser opportunity; two, an excessive rate or saving must on balance mitigate the burden
of those bearing this hardship [Zosimo E. Lee, Elements of John Rawls Political Conception of
Justice].
With regard to Equality of Opportunity and the Difference Principle, they precede the
First Principle and address rather the matter of social inequalities. The Fair Equality of
Opportunity is said to be far less controversial. It holds that society has to be for the benefit of
everyone.
Example, U.P. as a state university, has to be accessible to all, especially for the
Filipinos, not only in financial aspect but as much as possible in all aspects, like in rules and
policies considerations. Even in terms of the design of the structure and building (i.e., Palma
Hall), many are saying that it is not conducive for those who are physically handicapped. There
1S no way a wheelchair for example can reach the fourth floor because there is no elevator or a
run way appropriate for them.
The Difference Principle is primarily concerned about the acceptable distribution of
income and wealth in a social order. It requires that, in the existence of social and economic
inequalities, they should be arranged ensuring that the social dynamics are to be in the greatest
benefit of the least advantaged members of the society. This principle can resolve Karl Marx's
concern in his dialectic materialism's "who have and who have not" and his prediction about the
worsening gap between the rich and the poor - that the poor will become poorer and will
multiply, while the rich will1 become richer and will become fewer.
Name: Date:
Year/Section: Rating:
EXERCISE NO. 8
QUESTIONS/ACTIVITIES/ASSIGNMENT
1. In your opinion, who among the Greek Triumvirate of Socrates, Plato and Aristotle is the
greatest philosopher? Why? Defend your answer by writing a brief, yet concise and
comprehensive essay in connection to the question.
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2. Based on your thorough evaluation and critical analysis which; among the Three (3)
Main Ethical School of Thoughts is the finest moral theory? Is it the Greek version? Or
was it Kant? Or perhaps, Mill? Why? What is your basis or reason behind your
contention?
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3. Among the Five (5) Greek Cardinal Virtues, which 1s the most important according to your
viewpoint? Why? In conjunction to this query, can you live a noble, happy and virtues life, if one
of the said virtues is missing or lacking? Why? Why not?
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4. What is your own personal, particular ethical school of thought?
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5. Do you think and believe that Ethics and Morality are still important and relevant today, in the
age of globalization and information technology? If your answer is in negative, why is that so? If
your answer is in the affirmative, what’s in ethics and morality that makes them still relevant,
important, meaningful and absolutely necessary today? (Have a debate in the class with regard to
the said topic/proposition).
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