PART ONE ❯❯ ETHICAL THEORY
does not violate humanity in our own person as an the law on the subject, and not as the cause of it.
end in itself, it must also harmonize with it…. Now Respect is properly the conception of a work which
there are in humanity capacities of greater perfection thwarts my self-love. Accordingly it is something
which belong to the end that nature has in view in which is considered neither as an object of inclina-
regard to humanity in ourselves as the subject; to tion nor of fear, although it has something analo-
neglect these might perhaps be consistent with the gous to both. The object of respect is the law only,
maintenance of humanity as an end in itself, but and that, the law which we impose on ourselves,
not with the advancement of this end. and yet recognise as necessary in itself. As a law,
we are subjected to it without consulting self-love;
Fourthly, as regards meritorious duties towards as imposed by us on ourselves, it is a result of our
others: The natural end which all men have is their will. In the former respect it has an analogy to fear,
own happiness. Now humanity might indeed subsist in the latter to inclination. Respect for a person is
although no one should contribute anything to the properly only respect for the law (of honesty, & c.),
happiness of others, provided he did not intention- of which he gives us an example. . . .
ally withdraw anything from it; but after all, this
would only harmonize negatively, not positively, 4. The dependence of the desires on sensations is
with humanity as an end in itself, if everyone does called inclination, and this accordingly always indi-
not also endeavor, as far as in him lies, to forward cates a want. The dependence of a contingently
the ends of others. For the ends of any subject which determinable will on principles of reason is called an
is an end in himself ought as far as possible to be interest. This, therefore, is found only in the case of
my ends also, if that conception is to have its full a dependent will which does not always of itself
effect with me. conform to reason; in the Divine will we cannot
conceive any interest. But the human will can also
NOTES take an interest in a thing without therefore acting
from interest. The former signifies the practical
1. The first proposition was that to have moral worth interest in the action, the latter the pathological in
an action must be done from duty. the object of the action. The former indicates only
dependence of the will on principles of reason in
2. A maxim is the subjective principle of volition. The themselves; the second, dependence on principles
objective principle (i.e., that which would also serve of reason for the sake of inclination, reason supply-
subjectively as a practical principle to all rational ing only the practical rules how the requirement of
beings if reason had full power over the faculty of the inclination may be satisfied. In the first case the
desire) is the practical law. action interests me; in the second the object of the
action (because it is pleasant to me). We have seen
3. It might here be objected to me that I take refuge in the first section that in an action done from duty
behind the word respect in an obscure feeling we must look not to the interest in the object, but
instead of giving a distinct solution of the question only to that in the action itself, and in its rational
by a concept of the reason. But although respect is a principle (viz., the law).
feeling, it is not a feeling received through influence,
but is self-wrought by a rational concept, and, 5. The word prudence is taken in two senses: in the
therefore, is specially distinct from all feelings of the one it may bear the name of knowledge of the
former kind, which may be referred either to inclina- world, in the other that of private prudence. The
tion or fear. What I recognise immediately as a law former is a man’s ability to influence others so as
for me, I recognise with respect. This merely signi- to use them for his own purposes. The latter is the
fies the consciousness that my will is subordinate to sagacity to combine all these purposes for his own
a law, without the intervention of other influences lasting benefit. This latter is properly that to which
on my sense. The immediate determination of the the value even of the former is reduced, and when
will by the law, and the consciousness of this is a man is prudent in the former sense, but not in
called respect, so that this is regarded as an effect of
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Chapter ❮❮ Deontological Ethics and Immanuel Kant
the latter, we might better say of him that he is arrange my examples). For the rest, I understand
clever and cunning, but, on the whole, imprudent. by a perfect duty, one that admits no exception in
6. It seems to me that the proper signification of the favour of inclination, and then I have not merely
word pragmatic may be most accurately defined in external but also internal perfect duties.
this way. For sanctions are called pragmatic which 9. This proposition is here stated as a postulate. The
flow properly, not from the law of the states as nec- ground of it will be found in the concluding section.
essary enactments, but from precaution for the 10. Let it not be thought that the common: quod tibi
general welfare. A history is composed pragmati- non vis fieri, etc., could serve here as the rule or
cally when it teaches prudence, that is, instructs the principle. For it is only a deduction from the former,
world how it can provide for its interests better, or though with several limitations; it cannot be a uni-
at least as well as the men of former time. versal law, for it does not contain the principle of
7. A maxim is a subjective principle of action … the duties to oneself, nor of the duties of benevolence
principle on which the subject acts; but the law is to others (for many a one would gladly consent
the objective principle valid for every rational being, that others should not benefit him, provided only
and is the principle on which it ought to act that is that he might be excused from showing benevo-
an imperative. lence to them), nor finally that of duties of strict
8. It must be noted here that I reserve the division of obligation to one another, for on this principle the
duties for a future metaphysic of morals; so that I criminal might argue against the judge who pun-
give it here only as an arbitrary one (in order to ishes him, and so on.
REVIEW EXERCISES
1. Explain why we might not want to locate an action’s 5. How does the character of moral obligation lead
moral worth in its consequences. to Kant’s basic moral principle, the categorical
imperative?
2. When Kant refers to “a good will” or “good intention,”
does he mean wishing others well? Explain. 6. Explain Kant’s use of the first form of the categorical
imperative to argue that it is wrong to make a false
3. What does Kant mean by “acting out of duty?” How promise. (Make sure that you do not appeal to the
does the shopkeeper exemplify this? bad consequences as the basis of judging it wrong.)
4. What is the basic difference between a categori- 7. According to the second form of Kant’s categorical
cal and a hypothetical imperative? In the following imperative, would it be morally permissible for me to
examples, which are hypothetical and which are cat- agree to be someone’s slave? Explain.
egorical imperatives? Explain your answers.
a. If you want others to be honest with you, then you 8. What is the practical difference between a perfect
ought to be honest with them.
b. Whether or not you want to pay your share, you and an imperfect duty?
ought to do so.
c. Because everyone wants to be happy, we ought
to consider everyone’s interests equally.
d. I ought not to cheat on this test if I do not want to
get caught.
For more chapter resources and activities, go to MindTap.
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7 Natural Law and Human Rights
DEA/VENERANDA BIBLIOTECA AMBROSIANA/De Agostini/Getty Images Learning Outcomes
After reading this chapter, you should be able to:
• • Describe the idea of natural law and how
Clarify how natural law arguments are
• it relates to the idea of human rights. grounded in claims about the essence of
Explain how natural law theory is related
to the law of peoples and norms of • human nature.
Provide an overview of the natural law
• international law. • argument against relativism.
Identify the contributions to natural law Defend your own thesis with regard to
theory made by key thinkers such as the value of natural law theory and the
• Cicero, Thomas Aquinas, and John Locke. idea of human rights.
Explain the importance of teleology for
thinking about natural law.
For more chapter resources and activities, go to MindTap.
In 1776, Thomas Jefferson wrote in the Declaration of Independence, “We hold these
truths to be self-evident, that all men are created equal, that they are endowed by their
Creator with certain inalienable rights, that among these are life, liberty and the pursuit
of happiness.”1 Jefferson had read the work of English philosopher John Locke, who had
written in his Second Treatise on Government that all human beings were of the same
species, born with the same basic capacities.2 Locke argues that because all humans have
the same basic nature, they should be treated equally. This argument should sound famil-
iar from our previous discussion of Kant and deontology. Kant emphasizes respect for
human persons as ends in themselves. Locke and Jefferson fill in this abstract idea with
a list of natural human rights, including the right to life and liberty. Locke also thought
that there was a natural right to own property, while Jefferson thought that there was a
right to the pursuit of happiness. These natural rights are supposed to be grounded in self-
evident truth. This self-evidence is found in “the Laws of Nature and Nature’s God,” as
the first sentence of the Declaration of Independence puts it.
Discussions of human rights remain important today. We saw in Chapter 2 that
the United Nations issued a Universal Declaration of Human Rights, which began by
asserting “the inherent dignity and . . . the equal and inalienable rights of all mem-
bers of the human family.” These rights are said to be shared by all human beings,
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Chapter ❮❮ Natural Law and Human Rights
AP Images/Shane T. McCoy/U.S. Navy/PA Wire Cuban–American Treaty.) It was thought that these
individuals were members, supporters, or sympa-
Detainees in a holding area at Camp X-Ray at thizers of al Qaeda or the Taliban. It was said that
Guantanamo Bay, Cuba. these prisoners were not part of any army of any
state and thus not prisoners of war but, rather,
regardless of cultural, religious, or political dif- “enemy combatants” not covered by any of the pro-
ferences. But in reality, respecting and upholding tections of the Geneva Conventions. These individu-
human rights is not always a simple task for societ- als were not given the protections of U.S. laws. And
ies and governments, including that of the United they were denied such basic human rights as know-
States. ing the charges against them and being allowed to
defend themselves in court. This treatment would
For example, following the 2001 terrorist attacks seem to violate Article 6 of the UN Declaration,
on the World Trade Center and the Pentagon, and which states, “Everyone has the right to recognition
with the U.S. invasion of Afghanistan, questions everywhere as a person before the law.”
arose about the legal status and treatment of indi-
viduals captured by the U.S. forces. In our discus- In recent years—and after intense legal and
sion of utilitarianism in Chapter 5, we mentioned humanitarian scrutiny of Guantanamo’s detainment
that the United States government endorsed the policies—many hundreds of the detainees have
use of torture (referred to as “enhanced interroga- been sent back to their countries of origin. Some
tion techniques”) for some of these individuals. This were finally allowed lawyers, although not of their
would seem to be a violation of Article 5 of the UN own choosing. U.S. courts have also ruled that the
Declaration of Human Rights, which states, “No one detainees must be given trials in U.S. military, rather
shall be subjected to torture or to cruel, inhuman or than civilian, courts. As of mid-2016, 91 prisoners
degrading treatment or punishment.” still remained in the Guantanamo detention facil-
ity, a number have died in custody.3 Some may be
Furthermore, since 2004, many of these sus- brought to trial and some held indefinitely, either
pected terrorists have been transferred to a prison at there or in maximum security prisons in the United
Guantanamo Bay in Cuba, a U.S. naval base on the States. Some of these prisoners went on a hunger
southeastern side of the island. (The United States strike in 2013 to protest their treatment. Prison offi-
still holds a lease to this land because of the 1903 cials force-fed them—by inserting feeding tubes up
their noses. Critics argued that it was a violation of
international law and a human rights violation to
force-feed prisoners in this way.4
In this and many other contemporary situations,
we may ask what is meant by “human rights”—and
does every person possess such rights, even enemy
combatants? This is one of the fundamental ques-
tions addressed in this chapter.
A related question is how the idea of rights
applies in situations in which there is no legal or
political system to enforce them. Is there a system
of “natural law” that is more fundamental than
the laws of any particular legal or political system?
While the idea of natural law is an ancient one, the
concept has been an object of renewed interest,
especially now that we are aware that states can
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PART ONE ❯❯ ETHICAL THEORY
BrazilPhotos.com/Alamy Stock Photo how fast people would die in very thin air. Other
experiments tested the effects of freezing water on
the human body. The defense contended that the
military personnel, judges, and doctors were only
following orders from their superiors in the Nazi
regime. However, the prosecution argued success-
fully that even if the experimentation did not violate
the defendants’ own laws, they were still “crimes
against humanity.” The idea was that a law more
basic than civil laws exists—a moral law—and these
doctors and others should have known what this
basic moral law required. (We discuss war crimes
further in Chapter 19.)
The idea that the basic moral law can be known
by human reason is a central tenet of natural law
theory. Some treatments of human rights also use
human nature as a basis. According to this view,
human rights are those things that we can validly
claim because they are essential for human beings
to function well. These natural human rights are the
same for all human beings, since, on this theory, all
human beings share a common essence or human
nature.
Child labor seems to be a human rights violation. NATURAL LAW THEORY
commit crimes against their own people, including The natural law theory is a theory of ethics that
war crimes and genocide. If there is something that holds that there are moral laws found in nature and
we might call natural law, we would suppose that it discernable by the use of reason. The way the term
would at least include a law against genocide. is used in discussions of ethics should not be con-
fused with those other “laws of nature” that are the
The Nuremberg trials were trials of Nazi war generalizations of natural science. The laws of natu-
criminals held in Nuremberg, Germany, from 1945 ral science are descriptive laws. They describe how
to 1949. There were thirteen trials in all. In the first nature behaves. For example, gases expand with
trial, Nazi leaders were found guilty of violating their containers and when heat is applied. Boyle’s
international law by starting an aggressive war. Nine law about the behavior of gases does not tell gases
of them, including Hermann Goering and Rudolf how they ought to behave. In fact, if gases were
Hess, were sentenced to death. In other trials, defen- found to behave differently from what we had so far
dants were accused of committing atrocities against observed, then the laws would be changed to match
civilians. Nazi doctors who had conducted medi- this new information. Simply put, scientific laws are
cal experiments on those imprisoned in the death descriptive generalizations of fact.
camps were among those tried. Their experiments
maimed and killed many people, all of whom were Moral laws, on the other hand, are prescriptive
unwilling subjects. For example, experiments for laws. They tell us how we ought to behave. The nat-
the German air force were conducted to determine ural law is the moral law written into nature itself.
What we ought to do, according to this theory, is
determined by considering certain aspects of nature.
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Chapter ❮❮ Natural Law and Human Rights
In particular, we ought to examine our nature as more detail in Chapter 8). Aristotle had a profound
human beings to see what is essential for us to func- influence on the medieval Christian philosopher and
tion well as members of our species. We look to cer- Dominican friar Thomas Aquinas (1224–1274).
tain aspects of our nature to know what is good and Aquinas is often credited as a primary source for
what we ought to do. natural law ethics.
Civil law is also prescriptive. As an expression of The natural law tradition has deep roots, how-
the moral law, however, natural law is supposed to ever, in ideas found in a variety of other ancient
be more basic or higher than the laws of any par- Greek thinkers, especially the Stoics, who held that
ticular society. Although laws of particular societies we have a duty to obey the basic laws of nature.
vary and change over time, the natural law is sup- (The Stoics were discussed in Chapter 6.) The key
posed to be universal and stable. In Antigone, an moral principle for the Stoics was to “follow nature.”
ancient Greek tragedy by Sophocles, the protagonist This means that nature has a goal or telos for
disobeys the king and buries her brother’s body— human beings, which we ought to pursue. They also
thereby breaking the law of her monarchical society. believed that there are laws to which all people are
She does so because she believes that she must fol- subject, no matter what their local customs or con-
low a higher law, which requires that her brother be ventions. Early Roman jurists believed that a com-
buried. In the play, Antigone loses her life for obey- mon element existed in the codes of various peoples:
ing this higher law. In the Nuremberg trials, pros- a jus gentium, or “law of peoples.”
ecutors also argued that there was a higher law that
all humans should recognize—one that takes prece- One of the most important of the Roman authors
dence over national laws and customs. associated with the natural law tradition is Cicero.
In his Republic, Cicero explained the natural law as
People today sometimes appeal to this moral law follows:
in order to argue which civil laws ought to be insti-
tuted or changed. This is the basic idea behind the True law is right reason conformable to nature,
theory of civil disobedience as outlined and practiced universal, unchangeable, eternal, whose commands
by Henry David Thoreau, Mohandas K. Gandhi, and urge us to duty, and whose prohibitions restrain us
Martin Luther King Jr. (as discussed in Chapter 2). from evil. Whether it enjoins or forbids, the good
When Thoreau was imprisoned for not paying taxes respect its injunctions, and the wicked treat them
that he thought were used for an unjust war, he with indifference. This law cannot be contradicted by
defended his actions by appealing to a system of any other law, and is not liable either to derogation
rights and wrongs that is superior to the civil law. or abrogation. Neither the senate nor the people
In his famous essay, “Civil Disobedience,” he writes, can give us any dispensation for not obeying this
“Must the citizen ever for a moment, or in the least universal law of justice. It needs no other expositor
degree, resign his conscience to the legislator? Why and interpreter than our own conscience. It is not
has every man a conscience, then? I think that we one thing at Rome, and another at Athens; one
should be men first, and subjects afterward. It is not thing today, and another tomorrow; but in all times
desirable to cultivate a respect for the law, so much and nations this universal law must forever reign,
as for the right.”5 eternal and imperishable. It is the sovereign master
and emperor of all beings. God himself is its author,
HISTORICAL ORIGINS its promulgator, its enforcer. And he who does not
obey it flies from himself, and does violence to the
The tradition of natural law ethics is a long one. very nature of man. And by so doing he will endure
Aristotle was among the first to develop a complex the severest penalties even if he avoid the other evils
ethical philosophy based on the view that certain which are usually accounted punishments.6
actions are right or wrong because they are suited to
or go against human nature (we discuss Aristotle in Cicero’s point is that the natural law transcends
time and place: it is eternal and imperishable, the
same today and tomorrow, the same in Rome as in
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PART ONE ❯❯ ETHICAL THEORY
Athens. Moreover, Cicero maintains that the natu- DEA/VENERANDA BIBLIOTECA AMBROSIANA/De Agostini/Getty Images
ral law comes from God himself. It is not surprising
that Cicero and his ideas had a profound impact, for A portrait of Thomas Aquinas (1225–1274).
example, on Thomas Jefferson and the authors of
the founding documents of the United States. we ought to preserve our being and our health by
avoiding undue risks and doing what will make us
During the medieval period, Greek and Roman healthy. Furthermore, as sentient animals, we can
philosophy died out in Western Europe, although know our world through the physical senses. We
these ideas were preserved in the East, especially ought to use our senses of touch, taste, smell, hear-
in the work of Islamic scholars. Medieval Islamic ing, and sight; we ought to develop and make use of
and Christian traditions tended to think that moral- these senses to appreciate those aspects of existence
ity was primarily derived from scripture. Greek and that they reveal to us. We ought not to do things
Roman ideas eventually reentered European culture that injure these senses. Like many nonhuman ani-
and were distilled and connected to Christianity by mals, we reproduce our kind through intercourse.
Aquinas. Aquinas’s goal was to find a way to syn- This is what nature means for us to do, according to
thesize faith and reason, to connect the insights of this version of natural law theory. (See further dis-
reason with the commands of faith. While the nat- cussion of this issue in Chapter 12.)
ural law tradition is often connected to religion, it
is not merely a version of divine command theory, Unique to persons are the specific capacities of
since it holds that reason can discover the moral law knowing and choosing freely. Thus, we ought to
independent of scripture. treat ourselves and others as beings that are capa-
ble of understanding and free choice. Those things
Aquinas was a theologian who held that the that help us pursue the truth, such as education
natural law is part of the divine law or plan for the and freedom of public expression, are good. Those
universe. The record of much of what he taught can things that hinder pursuit of the truth are bad. Deceit
be found in his work the Summa Theologica (an and lack of access to the sources of knowledge are
excerpt is provided in the reading selection at the
end of this chapter).7 Aquinas maintains that “the
natural law shares in the eternal law.” He recognizes
that this may make it seem that there is no need
for human law. But Aquinas argues that particular
human laws are a reflection or incomplete manifes-
tation of the divine law. Aquinas indicated his debt
to Cicero by quoting him several times in his discus-
sions of law and justice. For example, “Human law
originally sprang from nature. Then things became
customs because of their rational benefit. Then fear
and reverence for law validated things that both
sprang from nature and were approved by custom.”8
The point here is that human laws reflect both the
natural law and the developed expression of these
laws in the customs and positive laws made by
humans.
Echoing the views of Aristotle, Aquinas held
that the moral good consists in following the innate
tendencies of our nature. We are biological beings.
Because we tend by nature to grow and mature,
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Chapter ❮❮ Natural Law and Human Rights
morally objectionable simply because they prevent of the rules of war. Grotius maintained that there
us from fulfilling our innate natural drive or orienta- was a common law among nations, which was valid
tion to know the way things are.9 Moreover, what- even in times of war. We will return to this topic
ever enhances our ability to choose freely is good. in Chapter 19, where we will discuss the just war
A certain amount of self-discipline, options from theory. Note that the idea of natural law may give
which to choose, and reflection on what we ought to us grounds to criticize the treatment of the prisoners
choose are among the things that enhance freedom. at Guantanamo Bay, the case with which we began
To coerce people and to limit their possibilities of this chapter. If we think that all human beings have
choosing freely are examples of what is inherently basic rights and that these rights obtain even in
bad or wrong. time of war, then perhaps we ought to provide these
rights to the prisoners at Guantanamo.
Finally, natural law theory argues that we ought
to find ways to live well together, for this is a theory EVALUATING NATURAL LAW THEORY
that emphasizes the interconnectedness of human
beings in which no man—or woman—is an island. Natural law theory has many appealing characteris-
We are social creatures by nature. Thus, the essence tics. Among them are its belief in the objectivity of
of natural law theory is that we ought to further the moral values and the notion of the good as human
inherent ends of human nature and not do what flourishing. Various criticisms of the theory have
frustrates human fulfillment or flourishing. These also been advanced, including the following:
ideas can be developed into a concern for social jus-
tice, including care for the poor and disabled, the First, according to natural law theory, we are to
right to decent work and living conditions, and even determine what we ought to do by deciphering the
the right to health care. moral law as it is written into nature—specifically,
human nature. One problem that natural law theory
For more chapter resources and must address concerns our ability to read nature. The
activities, go to MindTap. moral law is supposedly knowable by human rea-
son. However, throughout the history of philosophy,
After Aquinas and throughout the modern period various thinkers have read nature differently. Aristo-
of European history, the idea of natural law and tle, for example, thought that slavery could be justi-
natural right became more widespread and more fied in that it was in accord with nature.11 Natural
secular. One of the important authors who devel- law arguments can also be used in support of gender
oped ideas about the natural law was Hugo Grotius, inequality. Is it natural, for example, for fathers to
a Dutch jurist who was working during the early rule within the family or men to rule over women?
part of the seventeenth century. Grotius explained Today, people might argue against slavery and gen-
the development of natural law from out of human der inequality on natural law grounds that empha-
nature as follows: size basic human equality. Defenders of the natural
law theory may argue that those who defend slav-
For the mother of right, that is, of natural law, is ery or gender oppression on a natural law basis are
human nature; for this would lead us to desire mutual simply wrong in their interpretation of the natural
society, even if it were not required for the supply of law. Such a defense of natural law would maintain
other wants; and the mother of civil laws, is obligation that slavery, racism, and sexism are wrong based on
by mutual compact; and since mutual compact natural equality among the races and genders.
derives its force from natural law, nature may be said
to be the grandmother of civil laws.10 A further problem is that traditional natural
law theory has picked out highly positive traits
Grotius is known as one of the founders of inter- of human nature: the desire to know the truth, to
national law. His ideas about international law had choose the good, and to develop as healthy mature
a practical application, for example, in his discussion beings. Not all views of the essential characteristics
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PART ONE ❯❯ ETHICAL THEORY
of human nature have been so positive, however. Ought from Is, is a symptom of false fastidiousness.
Some philosophers have depicted human nature as Worse, it is to take at face value one of the most
deceitful, evil, and uncontrolled. This is why Hobbes fundamental errors of modern moral thought.”14
argued that we need a strong government. With- According to McInerny, the value of things is con-
out it, he wrote, life in a state of nature would be nected to the purpose and function of those things.
“nasty, brutish, and short.”12 (We discussed Hobbes McInerny maintains that natural law makes best
in Chapter 4.) A further problem is that if nature is sense in a theistic framework, where the purpose
taken in the broader sense—meaning all of nature— of things is embedded in these things by God. Other
and if a natural law as a moral law were based on authors have clarified that natural law is connected
this, then the general approach might even endorse to a theory of basic goods that are known self-
such theories as social Darwinism. This view holds evidently: “they cannot be verified by experience
that because the most fit organisms in nature are or deduced from any more basic truths through a
the ones that survive, so also the most fit should middle term. They are self-evident.”15 This idea of
endure in human society and the weaker ought to self-evident moral principles and basic goods fits
perish. When combined with a belief in capitalism, with Jefferson’s language in the Declaration: “We
social Darwinism justified, for example, arguments hold these truths to be self-evident. . . . ”
that it was only right and according to nature that
wealthy industrialists at the end of the nineteenth A standard criticism of this idea would question
century were disproportionally rich and powerful. It whether any truths are self-evident in this way. And
also implied that the poor were impoverished by the returning to Hume’s problem of deriving an ought
designs of nature, and thus, we ought not interfere from an is, we can still ask (as G. E. Moore did) how
with this situation. we make the leap from fact to value. When we know
something to be a fact, that things exist in a cer-
Another question for natural law theory is the tain way, it still remains an open question whether
following: Can the way things are by nature provide this fact is good. One response for the natural law
the basis for knowing how they ought to be? On theory is to state that nature is teleological, that it
the face of it, this may not seem right. Just because has a certain directedness. The Thomistic approach
something exists in a certain way does not necessar- grounds this directedness in God. But it is possible
ily mean that it is good. Floods, famine, and disease to develop this idea from a nontheistic point of view.
all exist, but that does not make them good. As we In Aristotle’s terms, we could say that things move
saw in Chapter 1, in our discussion of the natural- or develop toward some natural goal, their final pur-
istic fallacy and Hume’s law, it is not easy to derive pose. If we were going to defend natural law theory,
an ought from an is. Evaluations cannot simply be we would have to be able to explain human nature
derived from factual matters. Other moral philoso- in terms of its innate potentialities and the goals of
phers have agreed. Henry Veatch, for example, wor- human development. Yet from the time of the sci-
ried that natural law and the related idea of natural entific revolution of the seventeenth century, such
rights were undermined by this problem: “the entire final purposes have become suspect. One could not
doctrine of natural rights and natural law would always observe nature’s directedness, and it came to
appear to rest on nothing less than a patent logical be associated with discredited notions of nonobserv-
fallacy.”13 able spirits directing things from within. If natural
law theory does depend on there being purposes
In response to this objection, defenders of nat- in nature, it must be able to explain where these
ural law might claim that what they are really purposes come from and how we can know what
focused on is a set of basic or intrinsic goods. Or they are.
they may deny, as Ralph McInerny has, that there
is anything fallacious about deriving an ought from Consider one possible explanation of the source
an is: “The concern not to infer value from fact, of whatever purposes there might be in nature.
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Chapter ❮❮ Natural Law and Human Rights
Christian philosophers have long maintained that rights. John Locke provided a theory of natural
nature manifests God’s plan for the universe. For rights that Thomas Jefferson drew on in the Dec-
Aristotle, however, the universe is eternal; it always laration of Independence. According to Locke, cer-
existed and was not created by God. His concept of tain things are essential for us as persons. Among
God was that of a most perfect being toward which these are life itself, as well as liberty and the abil-
the universe is in some way directed. According ity to pursue those things that bring happiness.
to Aristotle, there is an order in nature, but it did These are said to be rights not because they are
not come from the mind of God. For Christian phi- granted by some state, but because of the fact that
losophers such as Augustine and Thomas Aquinas, they are important for us as human beings or per-
however, nature has the order it does is because the sons. They are thus moral rights first, though they
universe was created after a divine plan. Nature not may need to be enforced by societal institutions
only is intelligible but also exists for a purpose that and laws.
was built into it. Some natural law theorists follow
Aquinas on this, whereas others either follow Aris- A central feature of the Declaration’s statement
totle or abstain from judgments about the source of of our inalienable rights is the idea that these rights
the order in nature. But can we conceive of an order are self-evidently true. These rights are supposed
in nature without a divine orderer? This depends on to be known by the light of reason with as much
what we mean by order in nature. If it is taken in clarity as the truths of mathematics. One apparent
the sense of a plan, then this implies that it has an problem for natural rights claims is that not every-
author. However, natural beings may simply develop one agrees about rights. We’ve already mentioned
in certain ways as a result of chance or evolutionary the problems of slavery and the unequal treatment
adaptation, while, in reality, there is no plan. of women. For centuries of U.S. history, it was not
self-evidently true to a majority of citizens that
Evolutionary theory thus presents a challenge to Africans and women were entitled to equal rights.
natural law theory. If the way that things have come In response to this problem, defenders of natural
to be is the result of many chance variations, then rights will argue that experience and education are
there are no purposes, plans, or preordained func- required to show us what is true. No one is born
tions in nature. The biological and anthropological knowing the truths of mathematics or ethics—and
sciences tend to undermine the idea that there is a people can be mistaken about these truths. We learn
universal human nature, since individuals and spe- these things over time. Indeed, cultures and tradi-
cies vary and change over time. If we wanted to tions develop (even the traditions of mathemat-
defend natural law theory in the context of contem- ics). John Finnis, for example, explains self-evident
porary biology, we would have to find natural bases truth as follows: “The important thing about a self-
and norms for behavior. One such Darwinian ver- evident proposition is that people (with the relevant
sion of natural law has been defended by Larry Arn- experience and understanding of terms) assent to
hart, who argues that human beings have a “natural it without needing the proof of argument.”17 Thus,
moral sense” and that “modern Darwinian biology in this view, Jefferson might mean that people with
supports this understanding of the ethical and social relevant experience and understanding will agree
nature of human beings by showing how it could that we have the inalienable rights he enumerates
have arisen by natural selection through evolution- in the Declaration (although such agreement con-
ary history.”16 tinues to be a problem in our diverse, pluralistic
culture).
NATURAL RIGHTS
Throughout the eighteenth century, political
As we saw at the beginning of this chapter, the philosophers often referred to the laws of nature in
idea that moral requirements may be grounded in discussions of natural rights. For example, Voltaire
human nature is central to the theory of natural wrote that morality has a universal source. It is the
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PART ONE ❯❯ ETHICAL THEORY
“natural law . . . which nature teaches all men” what which natural rights are central. In the UN’s 1948
they should do.18 The Declaration of Independence Universal Declaration of Human Rights, the list
was influenced by the writings of jurists and phi- of rights includes welfare rights and rights to food,
losophers who believed that a moral law is built clothing, shelter, and basic security. Just what kinds
into nature. Thus, in the first section, it asserts that of things can we validly claim as human rights?
the colonists were called on “to assume among the Freedom of speech? Freedom of assembly? Housing?
powers of the earth, the separate and equal station, Clean air? Friends? Work? Income? Many of these
to which the Laws of Nature and of Nature’s God are listed in a range of treaties and other documents
entitle them.”19 that nations have adopted. However, an account of
human rights requires more than lists. A rationale for
Today, various international codes of human what constitutes a human right is necessary in order
rights, such as the United Nations’ Universal Dec- to determine which rights should be protected or pro-
laration of Human Rights and the Geneva Conven- moted. This is also something that a natural rights
tions’ principles for the conduct of war, contain theory should help provide. Some contemporary
elements of a natural rights tradition. These attempt philosophers argue that the basic rights that society
to specify rights that all people have simply by vir- ought to protect are not welfare rights, such as rights
tue of their being human, regardless of their country to food, clothing, and shelter, but only liberty rights,
of origin, race, or religion. such as the right not to be interfered with in our daily
lives.21 (See further discussion of negative and posi-
EVALUATING NATURAL RIGHTS THEORY tive rights in the section on socialism in Chapter 14.)
How are such differences to be settled?
A famous criticism of natural rights comes from the
utilitarian philosopher Jeremy Bentham, “Natural As a further example of the problem of differences
rights is simple nonsense: natural and imprescrip- of opinion about the content of rights claims, con-
tible rights, rhetorical nonsense—nonsense upon sider the issue of equality for women (which we dis-
stilts.”20 Bentham thought that there were no rights cuss further in Chapter 9). Does the concept of rights
outside of the legal and political system. Bentham apply equally to men and to women? Women have
worried that the idea of natural rights was a per- historically not been given equal rights with men. In
version of language—since there were no “rights” the United States, women were not all granted the
in nature. Bentham also worried that when people right to vote until 1920, as some argued that they
made declarations about the “rights of man” (as were by nature not fully rational or that they were
happened during the French Revolution), this only closer in nature to animals than men. The women
invited destructive revolutions and anarchy. While of Kuwait only gained the right to vote in 2005. Are
Locke, Jefferson, and Hobbes used the idea of natu- our rights really self-evident, if people continue to
ral rights to argue that states were founded on an disagree about them?
underlying social contract (which we also discussed
in Chapter 4), Bentham thought that the social A theory of human rights should be connected
contract was also a fiction. According to Bentham, to a theory of human nature, as discussed previ-
governments develop through a long history involv- ously in relation to natural law. A significant problem
ing habit and force. And Bentham thought that the arises, however, in terms of human beings who are
ethical goal was to make sure that the legal system not “natural” or “normal,” and with regard to non-
pointed in the direction of general happiness—not human animals. Do cognitively disabled humans
to postulate rights, which could lead to revolution or human fetuses have the same rights as adult
against the legal system. human beings? Do nonhuman animals—especially
those with advanced cognitive capacities, such as
One problem for a natural rights theory is that not chimpanzees—have rights? These questions will
everyone agrees on what human nature requires or
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Chapter ❮❮ Natural Law and Human Rights
return in our discussions of abortion and animal capacities, that we share common purposes, and
welfare in Chapters 11 and 17. But it is important to that we value and enjoy a common set of intrinsic
note here that considerations of rights raise complex goods. In short, natural law and human rights rest
questions about what sorts of creatures possess these upon an objective account of human nature. One
rights. An account of rights that focuses on human way of putting this is to say that human nature is
nature will have to be careful to consider how human discovered by us through the use of reason—and
nature is expressed in fetuses and in disabled people. that human nature is not created by us or con-
And if the concept of rights is to be restricted only to structed by society. Not all philosophers believe,
human beings, the defender of the concept of rights however, that there is such a thing as human
will have to explain the importance of the distinction nature. In the twentieth century, existentialists
between humans and our nonhuman relatives. such as Jean-Paul Sartre argued that there was no
essential human nature. As Sartre puts it, “exis-
Finally, we should note that not all discussions tence precedes essence,” which means that through
of human rights are focused on human nature. the course of our lives we create our own nature
John Stuart Mill argued that rights were related to or essence. More recent authors—who are often
general utility. “To have a right, then, is, I con- described as “postmodernists”—have made this
ceive, to have something which society ought to argument in even stronger terms. Richard Rorty
defend me in the possession of. If the objector goes put the criticism of human nature this way:
on to ask, why it ought? I can give him no other
reason than general utility.”22 For Mill, rights lan- There is nothing deep inside each of us, no common
guage provides a strong assertion of those values human nature, no built-in human solidarity, to use as
that promote the greatest happiness for the greatest a moral reference point. There is nothing to people
number. Another example is found in the writings except what has been socialized into them…. Simply
of Walter Lippmann, one of the most influential by being human we do not have a common bond.
political commentators of the twentieth century, For all we share with all other humans is the same
who held a rather utilitarian view that we ought thing we share with all other animals—the ability to
to agree that there are certain rights because these feel pain.24
provide the basis for a democratic society, and it is
precisely such a society that works best. It is not This skepticism about human nature might
that we can prove that such rights as freedom of point toward a broader conception of what mat-
speech or assembly exist; we simply accept them ters morally—toward solidarity with animals and
for pragmatic reasons because they provide the toward inclusion of disabled humans. But from the
basis for democracy.23 standpoint of natural law, such a denial of a com-
mon human nature will look like the worst form
The notion of rights can be and has been dis- of relativism. As Craig Boyd has argued in defense
cussed in many different contexts. Among those of natural law and against the sorts of criticism
treated in this book are issues of animal rights made by people like Sartre and Rorty, “Natural law
(Chapter 17), economic rights (Chapter 14), fetal requires, as a presupposition, that human beings
rights (Chapter 11), women’s rights (Chapter 9), have enduring, identifiable natures, which in turn
equal rights and discrimination (Chapter 13), and war requires some kind of realism.”25 As you reflect
crimes and universal human rights (Chapter 19). upon natural law ethics, one of the most funda-
mental questions is whether there is an endur-
IS THERE A HUMAN NATURE? ing and identifiable human nature or whether the
complexity and changeable history of the human
Natural law and the idea of natural human rights
presume that there is a common core to the human
experience—that we are endowed with basic
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PART ONE ❯❯ ETHICAL THEORY
experience undermines the very idea of a shared 11. Aristotle, Politics, Chapters 5, 6.
human nature. 12. Thomas Hobbes, Leviathan, ed. Michael Oakeshott
The reading selections here from Thomas Aquinas (New York: Oxford University Press, 1962).
and John Locke include discussions of the grounding 13. Henry Veatch, “Natural Law: Dead or Alive?” at
of morality and rights in human nature. First, Aqui-
nas explains how natural law is grounded in logical Liberty Fund, http://oll.libertyfund.org/index.php?
principles and an account of our natural inclinations. Itemid=259&id=168&option=com_
Then John Locke explains how natural law and nat- content&task=view#anchor249499 (originally pub-
ural rights are created by a benevolent God. lished 1978).
14. Ralph M. McInerny, Ethica Thomistica (Washing-
NOTES ton, DC: Catholic University of America Press,
1997), p. 56.
1. Thomas Jefferson, “The Declaration of Indepen- 15. Germain Grisez, Joseph Boyle, and John Finnis,
dence,” in Basic Writings of Thomas Jefferson, ed. “Practical Principles, Moral Truth, and Ultimate
Philip S. Foner (New York: Wiley, 1944), p. 551. Ends,” American Journal of Jurisprudence 32
(1987), p. 106.
2. John Locke, Two Treatises of Government (London, 16. Larry Arnhart, Darwinian Natural Right (Albany:
1690), ed. Peter Laslett (Cambridge: Cambridge State University of New York Press, 1998), p. 7.
University Press, 1960). 17. John Finnis, Natural Law and Natural Rights
(Oxford: Oxford University Press, 2011), p. 31.
3. The Guantanamo Docket at New York Times, http:// 18. Voltaire, Ouevres, XXV, p. 39; XI, p. 443, quoted in
projects.nytimes.com/guantanamo/detainees Carl L. Becker, The Heavenly City of the Eighteenth-
Century Philosophers (New Haven, CT: Yale
4. “Is Force-Feeding Torture?” New York Times, University Press, 2003), p. 52; Becker’s translation.
May 31, 2013, http://www.nytimes.com/2013/ 19. Thomas Jefferson, Declaration of Independence.
06/01/opinion/nocera-is-force-feeding-torture.html 20. Jeremy Bentham, Anarchical Fallacies, in The
Works of Jeremy Bentham (Edinburgh: William Tait,
5. Henry David Thoreau, “Civil Disobedience,” in 1843), p. 501.
Miscellanies (Boston: Houghton Mifflin, 1983), 21. On negative or liberty rights, see, for example, the
pp. 136–37. work of Robert Nozick, State, Anarchy and Utopia
(New York: Basic Books, 1974). See further discus-
6. Cicero, Republic, in Cicero’s Tusculan Disputations. sion on welfare and liberty rights in Chapter 14 of
Also, Treatises on the Nature of the Gods, and on this book, “Economic Justice.”
the Commonwealth, bk. 3 at 22 (Project Guten- 22. John Stuart Mill, Utilitarianism, in Mill, On Liberty
berg), http://www.gutenberg.org/files/14988/ and Utilitarianism (New York: Random House,
14988-h/14988-h.htm 1993), p. 222.
23. The term pragmatic concerns what “works.” Thus,
7. Thomas Aquinas, Summa Theologica, in Basic to accept something on pragmatic grounds means
Writings of Saint Thomas Aquinas, ed. Anton Pegis to accept it because it works for us in some way.
(New York: Random House, 1948). For Walter Lippmann’s views, see Essays in the
Public Philosophy (Boston: Little, Brown, 1955).
8. Aquinas, Summa Theologica, Q.91 a.4. Aquinas is 24. Richard Rorty, Contingency, Irony, Solidarity (Cam-
quoting Cicero’s Rhetoric. bridge: Cambridge University Press, 1989), p. 175.
25. Craig Boyd, A Shared Morality: A Narrative
9. This is an incomplete presentation of the moral phi- Defense of Natural Law Ethics (Grand Rapids, MI:
losophy of Thomas Aquinas. We should also note Brazos Press, 2007), p. 183.
that he was as much a theologian as a philosopher,
if not more so. True and complete happiness, he
believed, would be achieved only in knowledge or
contemplation of God.
10. Hugo Grotius, On the Rights of War and Peace
(Cambridge: Cambridge University Press, 1854),
p. xxvii.
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Chapter ❮❮ Natural Law and Human Rights
READING
On Natural Law
THOMAS AQUINAS
For more chapter resources and activities, go to MindTap.
Study Questions
As you read the excerpt, please consider the following questions:
1. How does one determine whether something is good or evil, according to Aquinas? Give some of his examples.
2. What is the natural function of the human as human? How is this related to natural law? To virtue?
3. How does Aquinas believe that we should decide which laws are just?
WHETHER NATURAL LAW CONTAINS MANY PRECEPTS so also the good is the first thing that falls under the
OR ONLY ONE apprehension of practical reason which is ordered to
action. Every agent acts for an end, which is under-
In the human context, the precepts of natural law stood as a good. Accordingly, the first principle of
relate to activities in a way similar to first principles practical reason is the one based on the concept of
in demonstrations. But there are many indemon- the good: Good is what everything desires. This,
strable first principles. Therefore there are many pre- accordingly, is the first principle of law: Good is to
cepts of natural law. be done and evil avoided. All the other precepts of
natural law are based on this. All concern what is to
As was previously stated, precepts of natural law be done or avoided, because practical reason natu-
relate to practical reason just as the first principles rally apprehends what is the human good.
of demonstration relate to speculative reason, both
being self-evident. However, something is said to Good has the nature of an end while evil has a
be self-evident in two ways: one intrinsically self- contrary nature. Accordingly, every thing for which
evident, the other evident to us. A particular prop- a man has a natural inclination is naturally appre-
osition is said to be intrinsically self-evident when hended as a good and consequently something to
the predicate is implicit in the subject, although this be pursued, while anything contrary to this is to be
proposition would not be self-evident to someone avoided as evil. Therefore the ordering of the pre-
ignorant of the definition of the subject. For instance, cepts of natural law stems from the order of natural
this proposition “man is rational” is self-evident by inclinations. In the first place, there is the inclination
its very nature since saying “human” entails saying of man towards natural good, an inclination shared
“rational.” Nevertheless this proposition is not self- by all substances inasmuch as they naturally desire
evident to one who does not know what a man is…. self-preservation. The consequence of this incli-
nation is that whatever preserves human life and
[Now]that which is primary in apprehension is avoids obstacles is a matter of natural law. Secondly,
being, the understanding of which is included in there is in man a more specialized inclination fol-
anything whatsoever that is apprehended. Accord- lowing the natural bent he shares with other ani-
ingly, the first indemonstrable principle is that one mals. Accordingly these things are said to pertain to
cannot simultaneously affirm and deny something.
This is founded in the understanding of being From Thomas Aquinas, Summa Theologica, (1265–1272), trans.
and non-being and in this principle all others are Edward MacKinnon.
founded, as stated in Metaphysics IV. Just as being is
the first thing that falls under simple apprehension,
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PART ONE ❯❯ ETHICAL THEORY
natural law that “nature has taught to all animals,” to particular conclusions. In speculative reason, there
such as the mating of male and female, education of is the same degree of truth in principles and conclu-
children, and similar things. Thirdly, there is in man sions, although the truth of the conclusion may not
an inclination toward good based on reason, some- be as well known to many as the principles are, for
thing proper only to man. Thus man has a natural they are common conceptions. In activities, however,
inclination to know the truth about God, and that he there is not the same degree of truth or practical rec-
should live in society. On this ground, those things titude, among all people concerning conclusions, but
that stem from this inclination are also a matter of only concerning principles. Even those people who
natural law. Thus, man should overcome ignorance share the same rectitude concerning conclusions do
and should not offend fellow members of society, not share the same knowledge . . . . With regard to
and similar considerations. the proper conclusions of practical reason, all do not
share the same truth or rectitude. Even those that do
WHETHER ALL ACTS OF VIRTUE ARE PRESCRIBED BY share equal truth are not equally known. For every-
NATURAL LAW one, it is right and true to act in accord with reason.
From this principle follows a quasi-proper conclusion,
. . . All those things to which man is inclined by that debts should be paid. This is true as a general
nature pertain to natural law. Everything naturally rule. However, it may happen to be harmful in a par-
inclines to operations that are appropriate to its form, ticular case, and consequently unreasonable to give
as fire toward heating. Since a rational soul is the goods back, if for example someone is intending to
proper form of humans the natural inclination of a attack the homeland. Thus, uncertainty increases the
man is to act according to reason. And this is acting more we descend to particulars. Thus if it is claimed
virtuously. In this respect, all virtuous acts pertain to that goods are to be restored with certain precautions,
natural law. Each person’s reason naturally tells him or under certain conditions, then the more detailed
to act virtuously. However, if we speak of virtuous the conditions are, the more uncertainty increases,
acts in themselves, or according to their proper spe- even to the degree that it is not clear whether or not
cies, then not all virtuous acts are matters of natu- they should be restored.
ral law. For many things accord with virtue, though
nature lacks an initial inclination. It is through ratio- Accordingly, we claim that first principles of nat-
nal inquisition that men come to know which things ural law are the same for all, but in rectitude and
conduce to living well. knowledge. However, the quasi conclusions from
these principles are for the most part the same for
WHETHER THERE IS ONE NATURAL LAW FOR ALL all both in rectitude and knowledge, though in a few
cases there can be a deficit both with respect to rec-
As was said previously, those things towards which titude because of some particular impediments (just
man is naturally inclined pertain to natural law. as things naturally generated and corrupted are defi-
Among such things it is distinctively human for a cient in a few cases because of obstacles) and there
man to act in accord with reason. Reason inclines can also be a deficit in knowledge. The reason for
us to proceed from the common to the particular (as this is that some people have their reason perverted
shown in Physics I). In this regard there is a difference by passion, which may be due to bad customs or to
between speculative and practical reason. Speculative a defective natural disposition . . . .
reason is concerned in the first instance with things
that are necessary, or could not be otherwise. Thus WHETHER EVERY LAW FASHIONED BY HUMANS IS
truth is easily found in proper conclusions just as in DERIVED FROM NATURAL LAW
common principles. But practical reason is concerned
with contingent matters involving human activity. But it should be recognized that something can be
Therefore, if there is some necessity in common prin- deviant from natural law in two ways. The first
ciples, there is increasing error the further we descend is as a conclusion from principles; the other as a
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Chapter ❮❮ Natural Law and Human Rights
determination of some common generalities. The second mode, however, derive their force only from
first mode is similar to the practice of the sciences, human law . . . .
where conclusions are produced by deduction from
principles. The second mode, however, is more like In every being that is for an end it is necessary
what occurs in the arts, where common forms are that its form has a determinate proportionality to
tailored to special cases. A carpenter, for example, the end, as the form of a saw is geared towards cut-
must determine the common form of a home to be ting as is clear in Physics II. Anything that is ruled
this or that particular shape. Therefore, some things and measured should have a form proportioned to
are derived from the common principle of natural its ruler and measure. Now human law has both,
law in the form of conclusions. Thus the prohibi- because it is something ordered to an end; and it has
tion of murder is derived from the general principle a rule or measure regulated or measured by a higher
that evil should not be done. Other things, how- measure, which is both divine law and the law of
ever, have the form of a determination. Natural law nature, as previously explained. The end of human
requires punishment for the evildoer, but whether he law is the well-being of humans . . . accordingly, . . .
receives this or that penalty is a particular determi- the first condition of law posits three things: That it
nation of natural law. Both forms, accordingly, are accords with religion, inasmuch as it is proportioned
found in human law. However, determinations of to divine law; that it fosters discipline, inasmuch as
the first mode are not only contained in human law, it is proportional to natural law; and that it advances
but they also have force through natural law. The well-being inasmuch as it is proportional to human
needs.
READING
Second Treatise of Civil Government
JOHN LOCKE
For more chapter resources and activities, go to MindTap.
Study Questions
As you read the excerpt, please consider the following questions:
1. What two things characterize human beings in their natural state, according to Locke?
2. Why, according to Locke, do we need civil government?
3. According to Locke, was there ever really an existing state of nature as he describes it?
OF THE STATE OF NATURE A state also of equality, wherein all the power
and jurisdiction is reciprocal, no one having more
To understand political power aright, and derive it than another, there being nothing more evident than
from its original, we must consider what estate all that creatures of the same species and rank, promis-
men are naturally in, and that is, a state of perfect cuously born to all the same advantages of Nature,
freedom to order their actions, and dispose of their
possessions and persons as they think fit, within the From John Locke, Second Treatise of Civil Government (London:
bounds of the law of Nature, without asking leave or Routledge and Sons, 1887).
depending upon the will of any other man.
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PART ONE ❯❯ ETHICAL THEORY
and the use of the same faculties, should also be Nature would, as all other laws that concern men
equal one amongst another, without subordination in this world, be in vain if there were nobody that
or subjection, unless the lord and master of them in the state of Nature had a power to execute that
all should, by a manifest declaration of his will, set law, and thereby preserve the innocent and restrain
one above another, and confer on him, by an evi- offenders; and if any one in the state of Nature may
dent and clear appointment, an undoubted right to punish another for any evil he has done, every
dominion and sovereignty . . . . one may do so. For in that state of perfect equality,
where naturally there is no superiority or jurisdiction
But though this be a state of liberty, yet it is not of one over another, what any may do in prosecu-
a state of license; though man in that state have an tion of that law, every one must needs have a right
uncontrollable liberty to dispose of his person or pos- to do.
sessions, yet he has not liberty to destroy himself,
or so much as any creature in his possession, but And thus, in the state of Nature, one man comes
where some nobler use than its bare preservation by a power over another, but yet no absolute or
calls for it. The state of Nature has a law of Nature arbitrary power to use a criminal when he has
to govern it, which obliges every one, and reason, got him in his hands, according to the passionate
which is that law, teaches all mankind who will but heats, or boundless extravagancy of his own will,
consult it, that being all equal and independent, no but only to retribute to him so far as calm reason
one ought to harm another in his life, health, liberty and conscience dictate, what is proportionate to
or possessions; for men being all the workmanship his transgression, which is so much as may serve
of one omnipotent and infinitely wise Maker; all for reparation and restraint. For these two are the
the servants of one sovereign Master, sent into the only reasons why one man may lawfully do harm
world by His order and about His business; they are to another, which is that we call punishment.
His property, whose workmanship they are made In transgressing the law of Nature, the offender
to last during His, not one another’s pleasure. And, declares himself to live by another rule than that of
being furnished with like faculties, sharing all in one reason and common equity, which is that measure
community of Nature, there cannot be supposed any God has set to the actions of men for their mutual
such subordination among us that may authorize us security, and so he becomes dangerous to mankind;
to destroy one another, as if we were made for one the tie which is to secure them from injury and
another’s uses, as the inferior ranks of creatures are violence being slighted and broken by him, which
for ours. Every one as he is bound to preserve him- being a trespass against the whole species, and the
self, and not to quit his station wilfully, so by the peace and safety of it, provided for by the law of
like reason, when his own preservation comes not in Nature, every man upon this score, by the right he
competition, ought he as much as he can to preserve hath to preserve mankind in general, may restrain,
the rest of mankind, and not unless it be to do jus- or where it is necessary, destroy things noxious
tice on an offender, take away, or impair the life, or to them, and so may bring such evil on any one
what tends to the preservation of the life, the liberty, who hath transgressed that law, as may make him
health, limb, or goods of another. repent the doing of it, and thereby deter him, and,
by his example, others from doing the like mischief.
And that all men may be restrained from invad- And in this case, and upon this ground, every man
ing other’s rights, and from doing hurt to one hath a right to punish the offender, and be execu-
another, and the law of Nature be observed, which tioner of the law of Nature . . . .
willeth the peace and preservation of all mankind,
the execution of the law of Nature is in that state put From these two distinct rights (the one of punish-
into every man’s hands, whereby every one has a ing the crime, for restraint and preventing the like
right to punish the transgressors of that law to such offence, which right of punishing is in everybody,
a degree as may hinder its violation. For the law of the other of taking reparation, which belongs only
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Chapter ❮❮ Natural Law and Human Rights
to the injured party) comes it to pass that the mag- it would be beside my present purpose to enter here
istrate, who by being magistrate hath the common into the particulars of the law of Nature, or its mea-
right of punishing put into his hands, can often, sures of punishment; yet it is certain there is such a
where the public good demands not the execution law, and that too as intelligible and plain to a ratio-
of the law, remit the punishment of criminal offences nal creature and a studier of that law as the positive
by his own authority, but yet cannot remit the sat- laws of commonwealths, nay, possibly plainer; as
isfaction due to any private man for the damage he much as reason is easier to be understood than the
has received. That he who hath suffered the dam- fancies and intricate contrivances of men, follow-
age has a right to demand in his own name, and ing contrary and hidden interests put into words; for
he alone can remit. The damnified person has this truly so are apart of the municipal laws of countries,
power of appropriating to himself the goods or ser- which are only so far right as they are founded on
vice of the offender by right of self-preservation, as the law of Nature, by which they are to be regulated
every man has a power to punish the crime to pre- and interpreted.
vent its being committed again, by the right he has
of preserving all mankind, and doing all reasonable To this strange doctrine—viz., That in the state
things he can in order to that end. And thus it is of Nature every one has the executive power of the
that every man in the state of Nature has a power law of Nature, I doubt not but it will be objected that
to kill a murderer, both to deter others from doing it is unreasonable for men to be judges in their own
the like injury (which no reparation can compen- cases, that self-love will make men partial to them-
sate) by the example of the punishment that attends selves and their friends; and, on the other side, ill-
it from everybody, and also to secure men from nature, passion, and revenge will carry them too far
the attempts of a criminal who, having renounced in punishing others, and hence nothing but confu-
reason, the common rule and measure God hath sion and disorder will follow, and that therefore God
given to mankind, hath, by the unjust violence and hath certainly appointed government to restrain the
slaughter he hath committed upon one, declared war partiality and violence of men. I easily grant that
against all mankind, and therefore may be destroyed civil government is the proper remedy for the incon-
as a lion or a tiger, one of those wild savage beasts veniencies of the state of Nature, which must cer-
with whom men can have no society nor security. tainly be great where men may be judges in their
And upon this is grounded that great law of Nature, own case, since it is easy to be imagined that he
“Whoso sheddeth man’s blood by man shall his who was so unjust as to do his brother an injury
blood be shed.” And Cain was so fully convinced will scarce be so just as to condemn himself for it.
that every one had a right to destroy such a crimi- But I shall desire those who make this objection
nal, that, after the murder of his brother, he cried to remember that absolute monarchs are but men;
out, “Every one that findeth me shall slay me,” so and if government is to be the remedy of those evils
plain was it writ in the hearts of all mankind. which necessarily follow from men being judges in
their own cases, and the state of Nature is therefore
By the same reason may a man in the state of not to be endured, I desire to know what kind of
Nature punish the lesser breaches of that law, it will, government that is, and how much better it is than
perhaps, be demanded, with death? I answer: Each the state of Nature, where one man commanding a
transgression may be punished to that degree, and multitude has the liberty to be judge in his own case,
with so much severity, as will suffice to make it an and may do to all his subjects whatever he pleases
ill bargain to the offender, give him cause to repent, without the least question or control of those who
and terrify others from doing the like. Every offence execute his pleasure? and in whatsoever he doth,
that can be committed in the state of Nature may, in whether led by reason, mistake, or passion, must
the state of Nature, be also punished equally, and as be submitted to? which men in the state of Nature
far forth, as it may, in a commonwealth. For though are not bound to do one to another. And if he that
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PART ONE ❯❯ ETHICAL THEORY
judges, judges amiss in his own or any other case, puts an end to the state of Nature between men, but
he is answerable for it to the rest of mankind. only this one of agreeing together mutually to enter
into one community, and make one body politic;
It is often asked as a mighty objection, where other promises and compacts men may make one
are, or ever were, there any men in such a state of with another, and yet still be in the state of Nature.
Nature? To which it may suffice as an answer at The promises and bargains for truck, &c., between
present, that since all princes and rulers of “inde- the two men in Soldania, or between a Swiss and
pendent” governments all through the world are in an Indian, in the woods of America, are binding to
a state of Nature, it is plain the world never was, them, though they are perfectly in a state of Nature
nor never will be, without numbers of men in that in reference to one another for truth, and keeping
state. I have named all governors of “indepen- of faith belongs to men as men, and not as mem-
dent” communities, whether they are, or are not, in bers of society. . . .
league with others; for it is not every compact that
REVIEW EXERCISES
1. Give a basic definition of natural law theory. 6. Explain one area of concern or criticism of natural law
2. What is the difference between the scientific laws of theory.
nature and the natural law? 7. Describe the basis of rights according to natural
3. In what way is natural law theory teleological? rights theorists.
4. What specific natural or human species capacities are
8. Give examples of what sorts of rights we are sup-
singled out by natural law theorists? How do these posed to have according to natural law theory.
determine what we ought to do, according to the
theory? 9. How do we know that we have natural rights?
5. What is the difference between Aristotle and Aquinas 10. Explain the criticism of natural law from the perspec-
on the theistic basis of natural law?
tive of those who deny the idea of “human nature.”
For more chapter resources and activities, go to MindTap.
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Virtue Ethics 8
Learning Outcomes
After reading this chapter, you should be able to:
• Explain how virtue ethics differs from • Identify some features of the diverse
• • other approaches to ethics. cultural approaches to virtue.
Describe some key virtues and how they Explain how the idea of the Golden
• are manifest in concrete situations. • Mean functions in virtue ethics. iStockphoto.com/destigter-photo
Explain how virtues are connected to an Provide an overview of Aristotle’s moral
account of the functions or purposes of philosophy.
human life.
Defend your own thesis with regard to
• • Describe how eudaimonia functions in thethe value of virtue ethics.
theory of virtue.
For more chapter resources and activities, go to MindTap.
P at Tillman was a successful NFL player. He played safety for the Arizona Cardi-
nals, earning hundreds of thousands of dollars. After the September 11 attacks
in 2001, Tillman turned down a $3.6 million contract offer and enlisted in the Army.
He qualified to become an Army Ranger. His unit served in Iraq and in Afghanistan,
where he was killed, by accident, by members of his own platoon during a firefight.
Tillman’s death prompted a number of controversies. The Army initially informed
Tillman’s family and the public that he had been killed by enemy fire, in an appar-
ent effort to preserve the image of Tillman as a war hero. (Among other awards, he
posthumously received the Army’s Silver Star for Valor.) A subsequent book about
Tillman claimed that Tillman was not a supporter of the Iraq war and was critical
of President George W. Bush.1 Nonetheless, Tillman remains a model of virtue and
courage. Senator John McCain used Tillman’s story to explain the virtues of citizen-
ship and patriotism in his book Character Is Destiny.2 What is remarkable about
Tillman is his willingness to sacrifice a lucrative football career for life and death
as an Army Ranger. He seemed to embody virtues—such as courage, loyalty, self-
sacrifice, and patriotism—that are often mourned as deficient or absent in contempo-
rary society. Do you agree with this assessment? What role do such virtues play in
your own moral life?
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PART ONE ❯❯ ETHICAL THEORY
When thinking about virtue, it is useful to think
about the people you admire. Whether it is a relative,
a coworker, a friend, or some celebrity, it is helpful
to consider the traits that make those people good.
We usually admire people who are courageous, kind,
honest, generous, loyal, diligent, temperate, fair,
modest, and hospitable. Such traits of character are
traditionally known as virtues.
VIRTUES AND EVERYDAY LIFE John Cordes/Icon SMI/ZUMA/Corbis
The theories that we have treated so far in this text Pat Tillman is looked to as a model of virtue.
are concerned with how we determine the right
action to take or policy to establish. The focus on get rid of the bad ones, that is, to develop our virtues
virtue takes a different approach to morality. Rather and eliminate our vices.
than asking what we ought to do, virtue ethics asks
how we ought to be. Virtue ethics is concerned with The ethical issues that are treated in the second
those traits of character, habits, tendencies, and dis- half of this text are generally controversial social
positions that make a person good. When some or issues: the death penalty, abortion, and terrorism,
all of the traits mentioned above are unusually well for example. Virtue ethics seems more personal. It
developed in a person, that person may be regarded involves not so much asking which side of some
as a hero or even as a saint. One version of virtue social issue one should support as what kind of per-
ethics is focused on thinking about saints and heroes son one should be. Virtues can help us make good
as paradigms or exemplars of human excellence. decisions in tough situations. But they also serve
us on a daily basis. Virtues such as courage, loy-
In a well-known article on the topic, Susan Wolf alty, honesty, and fairness show up in our interac-
described a moral saint as, “a person whose every tions with relatives, friends, and coworkers. We
action is as good as possible, that is, who is as mor- often think about virtues when we consider how our
ally worthy as can be.”3 But Wolf goes on to argue behavior serves as a good (or bad) model for our
that moral saints are not especially happy, since children, students, and colleagues.
the demands of saintly perfection might include
self-sacrifice. At issue here is a definition of happi- Virtue ethics can be useful in thinking about the
ness. Virtue ethics tends to hold that happiness is applied issues discussed in the second half of the
something different from pleasure. Pat Tillman’s life text. Virtues depend, in part, on our roles and help us
and death were not particularly pleasant—he suf-
fered through Army Ranger training and then was
killed at the age of twenty-seven. But perhaps there
is something more important than pleasure. At any
rate, even if it is difficult and unpleasant to become
a hero or a saint, the virtue tradition maintains that
people live better when they possess most or all of
the virtues. People can also exhibit bad character
traits. For example, they can be coward, dishon-
est, tactless, careless, boorish, stingy, vindictive,
disloyal, lazy, or egotistical. Another word for these
bad traits such as these is vice. An ethics focused on
virtue encourages us to develop the good traits and
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Chapter ❮❮ Virtue Ethics
fulfill the requirements of our roles: so soldiers ought and trying to embody these ideals in one’s own life.
to be courageous and strong, while teachers ought to The virtues are ways in which we embody these ide-
be patient and kind. Virtue ethics encourages us to als. For example, if we consider honesty to be such an
consider the question of how a soldier’s virtues might ideal, then we ought to try to become honest persons.
differ from those of a teacher. Some of the applied
topics we will discuss have connections with ques- ARISTOTLE
tions about the virtues of various vocations and roles.
In thinking about euthanasia and physician-assisted Aristotle was born in 384 bcE in Stagira in northern
suicide, for example, issues arise regarding the proper Greece. His father was a physician for King Philip of
virtues of health care providers. In thinking about the Macedonia. Around age seventeen, he went to study
morality of abortion, we might think about proper vir- at Plato’s Academy in Athens. Aristotle traveled for
tues of parents and lawmakers, as well as doctors. In several years and then for two or three years was
thinking about the morality of war, we consider the the tutor to Alexander, Philip’s young son who later
virtues we associate with military service. became known as Alexander the Great. In 335 bcE ,
Aristotle returned to Athens and organized his own
There will be overlap among the virtues found in school, called the Lyceum. There, he taught and
different vocations. But different roles require differ- wrote almost until his death thirteen years later, in
ent character traits and habits. This reminds us that 322 bcE .4 Aristotle is known not only for his moral
virtue ethics has a pluralistic aspect. There are many theory, but also for writings in logic, biology, phys-
different virtues that can be emphasized and inte- ics, metaphysics, art, and politics. The basic notions
grated in various ways in the life of an individual. of his moral theory can be found in his Nicoma-
Moreover, virtuous people tend to be responsive to chean Ethics, named for his son Nicomachus.5
the unique demands of various situations; they do
the right thing, at the right time, in the right way, As noted in Chapter 7, Aristotle was one of the
exhibiting a sort of “practical wisdom” that is sensi- earliest writers to ground morality in nature, and
tive to context. From the standpoint of utilitarianism specifically in human nature. His theory of eth-
or deontology, which wants clearly defined rules and ics and morality also stressed the notion of virtue.
principles for action, virtue ethics can seem impre- For Aristotle, virtue was an excellence of some sort.
cise and vague. But an asset of virtue ethics may be Our word virtue originally came from the Latin vir
its sensitivity to context and its recognition of plu- and referred to strength or manliness.6 In Aristotle’s
rality in morals. Greek, the term for virtue was arete, a word that can
also be translated as “excellence.”
Although we probably do not use the term vir-
tuous as frequently today as in times past, we still According to Aristotle, there are two basic types
understand the essence of its meaning. A virtuous of virtue (or excellence): intellectual virtues and
person is a morally good person, and virtues are good moral virtues. Intellectual virtues are excellences of
traits. Another word that is useful in understanding mind, such as the ability to understand and reason
virtue is the word excellence. The virtues are those and judge well. Moral virtues, on the other hand,
things that make us excellent; they allow us to mani- dispose us to act well. These virtues are learned
fest our highest potential. There is more than one by repetition. For instance, by practicing courage
thing that makes us excellent. Indeed, virtues are or honesty, we become more courageous and hon-
often described in the plural—as a list of qualities est. Just as repetition in playing a musical instru-
that lead to living well. Loyalty is a virtue, and so is ment makes playing easier, repeated acts of honesty
honesty. A moral philosophy that concentrates on the make it easier to be honest. The person who has the
notion of virtue is called a virtue ethics. For virtue virtue of honesty finds it easier to be honest than
ethics, the moral life is about developing good char- the person who does not have the virtue. It becomes
acter. It is about determining the ideals for human life habitual or second nature to him or her. The same
thing applies to the opposite of virtue, namely, vice.
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PART ONE ❯❯ ETHICAL THEORY
The person who lies and lies again finds that lying is Different authors have offered different lists
easier and telling the truth is more difficult. One can of virtues and corresponding vices. For the Greek
have bad moral habits (vices) as well as good ones tradition, following Plato, there were four basic or
(virtues). Just like other bad habits, bad moral habits cardinal virtues: prudence (or wisdom), justice,
are difficult to change or break. And like other good temperance, and courage. Questions arise about
habits, good moral habits take practice to develop. which traits count as virtues and how these virtues
are related to corresponding vices. For example, we
Virtue as a Mean might want to count loyalty and honesty as virtues.
If loyalty is a virtue, then is it also a middle between
Aristotle’s philosophy outlines a variety of particular two extremes? Can there be such a thing as too lit-
virtues including courage, temperance, justice, pride, tle or too much loyalty? What about honesty? Too
and magnanimity. However, Aristotle also provides a much honesty might be seen as undisciplined open-
unifying framework for understanding virtue in gen- ness, and too little as deceitfulness.
eral, as a mean between extremes. This idea is occa-
sionally known as the Golden Mean (and should Not all virtues may be rightly thought of as
not be confused with the Golden Rule, which we’ve means between extremes. For example, if justice is
discussed in previous chapters). By saying that vir- a virtue, then could there be such a thing as being
tue is a mean, we are using the word with reference too just? It is important to note that virtue ethics still
to how it is used in mathematics, where the mean is maintains that some things are simply wrong and
the average. (The term mean here should also not not amenable to explanation in virtue terminology.
be confused with the idea of using someone as a For example, murder is wrong; there is no right time
means, as we discussed in Chapter 6.) for murder or right amount of murder.
To better understand the idea that virtue is a Nature, Human Nature, and the Human Good
mean, take the following example. The virtue of
courage can be understood as a mean or middle Aristotle was a close observer of nature. In fact, in
between the two extremes of deficiency and excess. his writings, he mentions some five hundred differ-
The virtue of courage has to do with fear. When fac- ent kinds of animals.7 He noticed that seeds of the
ing danger or challenges, we should have neither too same sort always grew to the same mature form.
much fear—which makes us unable to act—nor too He opened developing eggs of various species and
little fear—which makes us take reckless or foolish noticed that these organisms manifested a pattern
risks. Too little fear leaves us “foolhardy”; too much in their development even before birth. Tadpoles, he
fear is called “cowardice.” The virtue of courage is might have said, always follow the same path and
having just the right amount of fear, depending on become frogs, not turtles. So also with other living
what is appropriate for us as individuals and for the things. Acorns always become oak trees, not elms.
circumstances we face. So, too, the other virtues can He concluded that there was an order in nature. It
be seen as means between extremes (as indicated in was as if natural beings, such as plants and animals,
the following table). had a principle of order within them that directed
Fear De cit (Too Little) Virtue (the Mean) Excess (Too Much)
Giving
Self-Regard Foolhardiness Courage Cowardice
Pleasures Illiberality Liberality Prodigality
Humility Pride Vanity
(No Name Given) Temperance Profligacy
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Chapter ❮❮ Virtue Ethics
them toward their goal—their mature final form. and acorns, human beings can choose to act in
This view can be called a teleological view, from the the service of their good or act against it. But just
Greek word for “goal,” telos, because of its emphasis what is their good? Aristotle recognized that a good
on a goal embedded in natural things. It was from eye is a healthy eye that sees well. A good horse
this conclusion that Aristotle developed his notion is a well-functioning horse, one that is healthy and
of the good. You might also notice that the idea of a able to run and do what horses do. What about
natural goal, purpose, or function showed up in the human beings? Is there something comparable for
discussion of natural law (in Chapter 7). the human being as human? Is there some good for
humans as humans?
According to Aristotle, “the good is that at which
all things aim.” Good things are things that fulfill Just as we can tell what the good squirrel is
some purpose, end, or goal. Thus, the good of the from its own characteristics and abilities as a squir-
shipbuilder is to build ships. The good of the lyre rel, the same should be true for the human being.
player is to play well. The traits that allow for good For human beings to function well or flourish, they
shipbuilding or lyre-playing will be somewhat differ- should perfect their human capacities. If they do
ent. But good shipbuilders and good lyre players will this, they will be functioning well as human beings.
share certain virtues, such as intelligence and cre- They will also be happy, for a being is happy to the
ativity. Aristotle asks whether there is anything that extent that it is functioning well. Aristotle believed
is the good of the human being—not as shipbuilder that the ultimate good of humans is happiness,
or lyre player, but simply as human. To answer this blessedness, or prosperity. The Greek word for this
question, we must first think about what it is to be sort of happiness is eudaimonia. Eudaimonia is
human. According to Aristotle, natural beings come not to be confused with pleasure. Indeed, the virtues
in kinds or species. From their species flow their are often at odds with pleasure. A coward who is
essential characteristics and certain key tendencies afraid of danger is reluctant to experience pain. And
or capacities. For example, a squirrel is a kind of a courageous person may have to forgo pleasure and
animal that is, first of all, a living being. It devel- submit to pain—including the pain of being killed.
ops from a young to a mature form. It is a mammal Aristotle warned that pleasure can distract us from
and therefore has other characteristics of mammals. what is good. Thus, Aristotle’s account of eudai-
It is bushy-tailed, can run along telephone wires, monia aims at a kind of happiness that is deeper and
and gathers and stores nuts for its food. From the longer lasting than mere pleasure. The term eudai-
characteristics that define a squirrel, we also can monia gives us a clue about this. The eu- prefix
know what a good squirrel is. A good specimen of a means “good”; and daimonia is related to the Greek
squirrel is one that is effective, successful, and func- word for “spirit” or “soul.” Thus, Aristotle’s idea is
tions well. It follows the pattern of development and that virtue produces the happiness of having a good
growth it has by nature. A good squirrel does, in soul or spirit, which fulfills essential human func-
fact, have a bushy tail and good balance, and knows tions or purposes.
how to find and store its food. It would be a bad
example of a squirrel if it had no balance, couldn’t Aristotle is thus interested in the question of
find its food, or had no fur and was sickly. It would what our human functions or purposes might be.
have been better for the squirrel if its inherent nat- Human beings have much in common with lower
ural tendencies to grow and develop and live as a forms of beings. For example, we are living, just as
healthy squirrel had been realized. plants are. Thus, we take in material from outside
us for nourishment, and we grow from an immature
Aristotle thought of human beings as natu- to a mature form. We have senses of sight, hearing,
ral beings with a specific human nature. Human and so forth, as do the higher animals. We are social
beings have certain specific characteristics and animals as well, who must live in groups together
abilities that we share as humans. Unlike squirrels with other human beings. Since human beings have
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PART ONE ❯❯ ETHICAL THEORY
various functions or purposes, there are various in various ways. Consider the following saying
types of virtue. For example, the virtues of social attributed to Confucius:
life help us fulfill our function as social beings. The
moral or social virtues would include honesty, loy- A youth, when at home, should be filial, and, abroad,
alty, and generosity. respectful to his elders. He should be earnest and
truthful. He should overflow in love to all, and
But is there anything unique to humans, an cultivate the friendship of the good. When he has
essentially human function or purpose? Aristo- time and opportunity, after the performance of these
tle believed that it is our “rational element” that is things, he should employ them in polite studies.8
peculiar to us. The good for humans, then, is living
in accord with this rational element. Our rational ele- Confucius advises young people to be polite and
ment has two different functions: one is to know, respectful, earnest and truthful, and to overflow
and the other is to guide choice and action. We must with love. Similar advice holds for others who are
develop our ability to know the world and the truth. at different stages of life’s journey. Confucius also
We must also choose wisely. In doing this, we will holds that there are specific virtues for those inhabit-
be functioning well, specifically as humans. Thus, ing different roles: for fathers, brothers, sons, and
in addition to social or moral virtues, there are also government officials. As is true of most of the other
intellectual virtues, which help us fulfill our func- traditions of the ancient world, the primary focus
tion as intelligent animals. According to Aristotle, here is on male roles; women’s roles were defined in
these virtues include practical knowledge, scientific subordination to the male.
knowledge, and practical wisdom. It is not surprising
that Aristotle—who was a philosopher and a student Other traditions emphasize different forms of vir-
of Plato—thought that the intellectual virtues were tue. Hinduism emphasizes five basic moral virtues
more important than the other virtues, since they or yamas: nonviolence (ahimsa), truthfulness, hon-
help us fulfill our uniquely human capacities. esty, chastity, and freedom from greed.9 Hinduism
also includes mental virtues to be perfected in medi-
CROSS CULTURAL AND tation and yogic practice: calmness, self-control,
CONTEMPORARY VIRTUE ETHICS self-settledness, forbearance, faith, and complete con-
centration, as well as the hunger for spiritual libera-
Versions of virtue ethics can also be found in other tion.10 Buddhism shares with Hinduism an emphasis
traditions. The Confucian tradition in China is often on both intellectual and moral virtues. The “noble
described as a virtue tradition. This tradition traces eightfold path” of Buddhism includes moral virtues
its roots back to Confucius (551–479 bcE ), a figure such as right speech, right action, and right liveli-
whose role in Chinese philosophy was similar to the hood, as well as intellectual virtues of understanding
role Socrates played in Greek philosophy—as found- and mindfulness.11 Christian virtue ethics includes
ing character and touchstone for later authors who similar moral virtues, as well as what Thomas Aqui-
want to reflect upon virtue and wisdom. Unlike nas called the “theological virtues.” In the Christian
Socrates, however, who was something of a rough- tradition, the four cardinal moral virtues are pru-
mannered outsider to the elite social scene of Athens, dence, justice, temperance, and fortitude, while the
Confucius was viewed as a model of courtly gentil- three theological virtues are faith, hope, and love. It
ity and decorum. The Confucian tradition empha- is easy to see that there is overlap among these dif-
sizes two main virtues, jen (or ren) and li. Jen is ferent traditions in terms of the virtues required for a
often translated as “humaneness” or “compassion.” good life, despite some clear differences. The common
Li is often translated as “propriety,” “manners,” or thread that links them as traditions of virtue ethics is
“culture.” Confucian ethics aims toward a synthesis the idea that habits and character traits matter, along
of the virtues oriented around compassion and pro- with sustained philosophical reflection on the reasons
priety. In the Analects of Confucius, this is explained that these habits and character traits matter.
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Chapter ❮❮ Virtue Ethics
iStockphoto.com/destigter-photo Foot also asks whether virtue is best seen in the
intention that guides an action or in the execution of
an action. Think of generosity. Does the person who
intends to be generous—but who cannot seem to do
what helps others—really possess the virtue of gen-
erosity? Or rather, is it the person who actually does
help who has the virtue? Foot believes that virtue is
also something we must choose to develop and work
at personifying. Furthermore, following Aristotle, Foot
argues that the virtues are corrective. They help us be
and do things that are difficult for us. For example,
courage helps us overcome natural fear. Temperance
helps us control our desires. Since people differ in their
natural inclinations, they also differ in what virtues
would be most helpful for them to develop. Foot’s view
is just one example of how the notion of virtue contin-
ues to be discussed by moral philosophers.
Statue of Confucius in Shanghai, China. EVALUATING VIRTUE ETHICS
Various contemporary moral philosophers have One question that has been raised for virtue eth-
also stressed the importance of virtue.12 For exam- ics concerns how we determine which traits are vir-
ple, Philippa Foot has developed a contemporary tues, and whether they are so in all circumstances.
version of virtue ethics. She believes that the vir- Are there any universally valuable traits? Wherever
tues are “in some general way, beneficial. Human friendship exists, loyalty would seem necessary,
beings do not get on well without them.”13 Accord- although the form it might take would vary according
ing to Foot, virtues provide benefits both to the vir- to time and place. Honesty also seems necessary for
tuous person and to his or her community, just as good human relations. We might also start with Aris-
vices harm both the self and the community. Think totle’s own list of virtues, which reflected what were
of courage, temperance, and wisdom, for example, considered the primary civic virtues of his day. But
and ask yourself how persons having these virtues Aristotle’s society included slavery and gender hier-
might benefit others as well as themselves. Some archy. One wonders whether it makes sense to speak
virtues such as charity, however, seem to ben- of virtuous slave-masters or whether the submis-
efit mostly others. But this makes sense for social sive traits of women in patriarchal cultures are really
virtues, which help us fulfill our function as social virtuous. Similar problems occur as we consider dif-
beings. However, there is an open question about ferences among civilizations. Are the virtues of Con-
which beneficial character traits are to be thought of fucian culture the same (or better or worse) than the
as moral virtues and which are not. Wit or powers of virtues of Muslim, Christian, or Hindu cultures?
concentration benefit us, but we would probably not
consider them to be moral virtues. Contemporary moral philosopher Alasdair
MacIntyre believes that virtues depend at least partly
on the practices of a culture or society. A warlike
society will value heroic virtues, whereas a peaceful
and prosperous society might think of generosity as a
particularly important virtue.14 However, these must
also be virtues specific to human beings as humans,
for otherwise one could not speak of “human
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PART ONE ❯❯ ETHICAL THEORY
excellences.” But this is just the problem. What is it to and developed in the young. So also with other vir-
live a full human life? Can one specify this apart from tues. According to a Kantian, we should develop hab-
what it is to live such a life in a particular society or its and virtues that would make it more likely that we
as a particular person? The problem here is not only act fairly (according to universalizable maxims) and
how we know what excellences are human excel- treat people as ends rather than simply as means.
lences, but also whether there are any such traits that
are ideal for all persons, despite differences in gender, When evaluating the virtue ethics tradition devel-
social roles, and physical and mental capacities. oped by Aristotle, we should also consider a more
specific criticism of it introduced by Kant. Kant argues
A further problem with regard to virtue is the that Aristotle’s notion of virtue as a mean between
question of the degree of effort and discipline required two vices—the Golden Mean—is simply false. Kant
to be virtuous. Who manifests the virtue of courage writes that, “it is incorrect to define any virtue or vice
the most—the person who, as Foot puts it, “wants in terms of mere degree,” which “proves the useless-
to run away but does not or the one who does not ness of the Aristotelian principles that virtue consists
even want to run away?”15 We generally believe that in the middle way between two vices.”16 Kant rejects
we ought to be rewarded for our moral efforts, and the idea that there is a gradation of behaviors or dis-
thus, the person who wants to run away but does not positions from one extreme (or vice) to the other with
seem more praiseworthy. On the other hand, posses- virtue in the middle. Rather, for Kant, some things
sion of the virtue of courage is supposed to make it are praiseworthy and others are wrong, and do not
easier to be brave. Part of Foot’s own answer to this vary by degrees on a continuum. Kant suggests that
dilemma involves the distinction between those fears the Aristotelian idea of the Golden Mean simply con-
for which we are in some way responsible and those fuses us and distracts us from thinking about why a
that we cannot help. Thus, a woman who feels like given virtue is good. Bearing this argument in mind,
running away because she has contributed by her it is worth considering whether the idea of virtue as
own choices to being afraid is not the more virtuous a mean between vices really makes sense of the way
person. Foot also addresses the question of whether we ordinarily understand virtues such as courage and
someone who does something morally wrong—say, vices like cowardice. Is this idea genuinely helpful to
robs a bank or commits a murder—and does so cou- us in identifying the nature of virtue?
rageously, demonstrates the virtue of courage.
In virtue ethics, the primary goal is to be a good
We can also ask whether virtue ethics is really a person. Now, a critic of virtue ethics might argue
distinct type of ethics. Consider two of the other theo- that being good is only a function of being inclined
ries we have discussed: utilitarianism (Chapter 5) and to do good. However, ethics appears to require not
deontology (Chapter 6). The concept of virtue is not only a habitual inclination toward good deeds, but
foreign to Mill or Kant. However, for both of them, also actually doing good. Is what matters the deed or
it is secondary. Their moral theories tell us how we the inclination to carry it out? If what really matters
ought to decide what to do. Doing the right thing— is the actions and deeds, then virtue is simply one
and with Kant, for the right reason—is primary. How- aspect of an action-oriented moral philosophy such
ever, if the development of certain habits of action or as consequentialism. However, virtue ethics does
tendencies to act in a certain way will enable us to have a somewhat different emphasis. It is an ethics
do good more easily, then they would surely be rec- whose goal is to determine what is essential to being
ognized by these philosophers as good. Utilitarians a well-functioning or flourishing human person. Vir-
would encourage the development of those virtues tue ethics stresses an ideal for humans or persons.
that would be conducive to the maximization of hap- As an ethics of ideals or excellences, it is an opti-
piness. If temperance in eating and drinking will help mistic and positive type of ethics. One problem that
us avoid the suffering that can come from illness and virtue ethics may face is what to say about those of
drunkenness, then this virtue ought to be encouraged us who do not meet the ideal. If we fall short of the
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Chapter ❮❮ Virtue Ethics
virtuous model, does this make us bad or vicious? 7. W. T. Jones, A History of Western Philosophy, p. 233.
As with all moral theories, many questions concern- 8. Confucius, Analects, in The Chinese Classics—
ing virtue remain to engage and puzzle us.
Volume 1: Confucian Analects, bk. 1, Chapter 6,
The reading selection for this chapter is from trans. James Legge (Project Gutenberg), http://
Aristotle’s The Nicomachean Ethics. In this piece, www.gutenberg.org/files/4094/4094-h/4094-h.htm
Aristotle explains what virtue is, how it is related to (accessed July 21, 2016).
human functioning, and how it is a mean between 9. Sunil Sehgal, ed., Encyclopedia of Hinduism (New
extremes. Delhi: Sarup and Sons, 1999), p. 2:364.
10. Vensus A. George, Paths to the Divine: Ancient
NOTES and Indian (Washington, DC: CRVP Press, 2008),
p. 205.
1. Jon Krakauer, Where Men Win Glory (New York: 11. Peter Harvey, Buddhism: Teachings, History and
Doubleday, 2009). Practices (Cambridge: Cambridge University Press,
1990), pp. 68–69.
2. John McCain, Character Is Destiny (New York: 12. See, for example, the collection of articles in Chris-
Random House, 2007). tina Hoff Sommers, Vice and Virtue in Everyday
Life (New York: Harcourt Brace Jovanovich, 1985).
3. Susan Wolf, “Moral Saints,” The Journal of 13. Philippa Foot, Virtues and Vices (Oxford: Oxford
Philosophy 89, no. 8 (August 1982), p. 419. University Press, 2002).
14. Alasdair MacIntyre, “The Virtue in Heroic Societies”
4. W. T. Jones, A History of Western Philosophy: and “The Virtues at Athens,” in After Virtue (Notre
The Classical Mind, 2nd ed. (New York: Harcourt, Dame, IN: Notre Dame University Press, 1984),
Brace & World, 1969), pp. 214–16. pp. 121–45.
15. Foot, Virtues and Vices, p. 10.
5. This was asserted by the neo-Platonist Porphyry 16. Kant, “Doctrine of Virtue,” in Metaphysics of Mor-
(ca. 232 cE ). However, others believe that the work als, trans. Mary Gregor (Cambridge: Cambridge
got its name because it was edited by Nicomachus. University Press, 1996), pp. 184–85.
See Alasdair MacIntyre, After Virtue (Notre Dame,
IN: Notre Dame University Press, 1984), p. 147.
6. Milton Gonsalves, Fagothy’s Right and Reason,
9th ed. (Columbus, OH: Merrill, 1989), p. 201.
READING
The Nicomachean Ethics
ARISTOTLE
For more chapter resources and activities, go to MindTap.
Study Questions
As you read the excerpt, please consider the following questions:
1. What is virtue, and how do we acquire it?
2. How is virtue a mean? Explain this by using some of Aristotle’s examples.
3. Why is it so difficult to be virtuous?
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PART ONE ❯❯ ETHICAL THEORY
THE NATURE OF THE GOOD* have a mark at which to aim, we shall have a bet-
ter chance of attaining what we want? But, if this
Every art and every scientific inquiry, and similarly is the case, we must endeavour to comprehend, at
every action and purpose, may be said to aim at least in outline, its nature, and the science or faculty
some good. Hence the good has been well defined as to which it belongs . . . .
that at which all things aim. But it is clear that there
is a difference in the ends; for the ends are some- HAPPINESS: LIVING AND DOING WELL
times activities, and sometimes results beyond the
mere activities. Also, where there are certain ends As every knowledge and moral purpose aspires to
beyond the actions, the results are naturally superior some good, what is in our view the good at which
to the activities. the political science aims, and what is the high-
est of all practical goods? As to its name there is, I
As there are various actions, arts, and sciences, it may say, a general agreement. The masses and the
follows that the ends are also various. Thus health is cultured classes agree in calling it happiness, and
the end of medicine, a vessel of shipbuilding, victory conceive that “to live well” or “to do well” is the
of strategy, and wealth of domestic economy. It often same thing as “to be happy.” But as to the nature
happens that there are a number of such arts or sci- of happiness they do not agree, nor do the masses
ences which fall under a single faculty, as the art of give the same account of it as the philosophers. The
making bridles, and all such other arts as make the former define it as something visible and palpable,
instruments of horsemanship, under horsemanship, e.g. pleasure, wealth, or honour; different people
and this again as well as every military action under give different definitions of it, and often the same
strategy, and in the same way other arts or sciences person gives different definitions at different times;
under other faculties. But in all these cases the ends for when a person has been ill, it is health, when
of the architectonic arts or sciences, whatever they he is poor, it is wealth, and, if he is conscious of
may be, are more desirable than those of the sub- his own ignorance, he envies people who use grand
ordinate arts or sciences, as it is for the sake of the language above his own comprehension. Some phi-
former that the latter are themselves sought after. It losophers1 on the other hand have held that, besides
makes no difference to the argument whether the these various goods, there is an absolute good which
activities themselves are the ends of the actions, or is the cause of goodness in them all . . . .
something else beyond the activities as in the above
mentioned sciences. THE FUNCTION OF A PERSON
If it is true that in the sphere of action there is Perhaps, however, it seems a truth which is generally
an end which we wish for its own sake, and for the admitted, that happiness is the supreme good; what is
sake of which we wish everything else, and that we wanted is to define its nature a little more clearly. The
do not desire all things for the sake of something else best way of arriving at such a definition will prob-
(for, if that is so, the process will go on ad infinitum, ably be to ascertain the function of Man. For, as with
and our desire will be idle and futile) it is clear that a flute-player, a statuary, or any artisan, or in fact
this will be the good or the supreme good. Does it anybody who has a definite function and action, his
not follow then that the knowledge of this supreme goodness, or excellence seems to lie in his function,
good is of great importance for the conduct of life, so it would seem to be with Man, if indeed he has
and that, if we know it, we shall be like archers who a definite function. Can it be said then that, while a
carpenter and a cobbler have definite functions and
From Aristotle, The Nicomachean Ethics, trans. J. E. C. Welldon actions, Man, unlike them, is naturally functionless?
(London: Macmillan, 1892), bks. 1 and 2. The reasonable view is that, as the eye, the hand, the
foot, and similarly each several part of the body has a
*Headings added by the editor.
*Some notes omitted; the remaining notes renumbered.
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Chapter ❮❮ Virtue Ethics
definite function, so Man may be regarded as having originated and fostered mainly by teaching; it there-
a definite function apart from all these. What then, fore demands experience and time. Moral3 virtue
can this function be? It is not life; for life is appar- on the other hand is the outcome of habit . . . . From
ently something which Man shares with the plants; this fact it is clear that no moral virtue is implanted
and it is something peculiar to him that we are look- in us by nature; a law of nature cannot be altered
ing for. We must exclude therefore the life of nutri- by habituation. Thus a stone naturally tends to fall
tion and increase. There is next what may be called downwards, and it cannot be habituated or trained
the life of sensation. But this too, is apparently shared to rise upwards, even if we were to habituate it by
by Man with horses, cattle, and all other animals. throwing it upwards ten thousand times; nor again
There remains what I may call the practical life of the can fire be trained to sink downwards, nor anything
rational part of Man’s being. But the rational part is else that follows one natural law be habituated or
twofold; it is rational partly in the sense of being obe- trained to follow another. It is neither by nature then
dient to reason, and partly in the sense of possess- nor in defiance of nature that virtues are implanted
ing reason and intelligence. The practical life too may in us. Nature gives us the capacity of receiving
be conceived of in two ways,2 viz., either as a moral them, and that capacity is perfected by habit.
state, or as a moral activity: but we must understand
by it the life of activity, as this seems to be the truer Again, if we take the various natural powers
form of the conception. which belong to us, we first acquire the proper facul-
ties and afterwards display the activities. It is clearly
The function of Man then is an activity of soul in so with the senses. It was not by seeing frequently
accordance with reason, or not independently of rea- or hearing frequently that we acquired the senses of
son. Again the functions of a person of a certain kind, seeing or hearing; on the contrary it was because we
and of such a person who is good of his kind e.g. of a possessed the senses that we made use of them, not
harpist and a good harpist, are in our view generically by making use of them that we obtained them. But
the same, and this view is true of people of all kinds the virtues we acquire by first exercising them, as is
without exception, the superior excellence being only the case with all the arts, for it is by doing what we
an addition to the function; for it is the function of a ought to do when we have learnt the arts that we
harpist to play the harp, and of a good harpist to play learn the arts themselves; we become e.g. builders
the harp well. This being so, if we define the function by building and harpists by playing the harp. Simi-
of Man as a kind of life, and this life as an activity larly it is by doing just acts that we become just, by
of soul, or a course of action in conformity with rea- doing temperate acts that we become temperate, by
son, if the function of a good man is such activity or doing courageous acts that we become courageous.
action of a good and noble kind, and if everything is The experience of states is a witness to this truth, for
successfully performed when it is performed in accor- it is by training the habits that legislators make the
dance with its proper excellence, it follows that the citizens good. This is the object which all legislators
good of Man is an activity of soul in accordance with have at heart; if a legislator does not succeed in it,
virtue or, if there are more virtues than one, in accor- he fails of his purpose, and it constitutes the distinc-
dance with the best and most complete virtue. But it tion between a good polity and a bad one.
is necessary to add the words “in a complete life.” For
as one swallow or one day does not make a spring, so Again, the causes and means by which any vir-
one day or a short time does not make a fortunate or tue is produced and by which it is destroyed are the
happy man . . . . same; and it is equally so with any art; for it is by
playing the harp that both good and bad harpists are
VIRTUE produced and the case of builders and all other arti-
sans is similar, as it is by building well that they will
Virtue or excellence being twofold, partly intel- be good builders and by building badly that they will
lectual and partly moral, intellectual virtue is both be bad builders. If it were not so, there would be no
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PART ONE ❯❯ ETHICAL THEORY
need of anybody to teach them; they would all be other instances which are more conspicuous, e.g. in
born good or bad in their several trades. The case strength; for strength is produced by taking a great
of the virtues is the same. It is by acting in such deal of food and undergoing a great deal of labour,
transactions as take place between man and man and it is the strong man who is able to take most
that we become either just or unjust. It is by acting food and to undergo most labour. The same is the
in the face of danger and by habituating ourselves case with the virtues. It is by abstinence from plea-
to fear or courage that we become either cowardly sures that we become temperate, and, when we
or courageous. It is much the same with our desires have become temperate, we are best able to abstain
and angry passions. Some people become temperate from them. So too with courage; it is by habituating
and gentle, others become licentious and passionate, ourselves to despise and face alarms that we become
according as they conduct themselves in one way or courageous, and, when we have become coura-
another way in particular circumstances. In a word geous, we shall be best able to face them.
moral states are the results of activities correspond-
ing to the moral states themselves. It is our duty THE NATURE OF VIRTUE
therefore to give a certain character to the activities,
as the moral states depend upon the differences of We have next to consider the nature of virtue.
the activities. Accordingly the difference between Now, as the qualities of the soul are three, viz.
one training of the habits and another from early
days is not a light matter, but is serious or rather emotions, faculties and moral states, it follows that
all-important. virtue must be one of the three. By the emotions I
mean desire, anger, fear, courage, envy, joy, love,
DEFICIENCY AND EXCESS hatred, regret, emulation, pity, in a word whatever is
attended by pleasure or pain. I call those faculties in
The first point to be observed then is that in such respect of which we are said to be capable of experi-
matters as we are considering deficiency and excess encing these emotions, e.g. capable of getting angry
are equally fatal. It is so, as we observe, in regard or being pained or feeling pity. And I call those moral
to health and strength; for we must judge of what states in respect of which we are well or ill-disposed
we cannot see by the evidence of what we do see. towards the emotions, ill-disposed e.g. towards the
Excess or deficiency of gymnastic exercise is fatal passion of anger, if our anger be too violent or too
to strength. Similarly an excess or deficiency of feeble, and well-disposed, if it be duly moderated,
meat and drink is fatal to health, whereas a suit- and similarly towards the other emotions.
able amount produces, augments and sustains it. It
is the same then with temperance, courage, and the Now neither the virtues nor the vices are emo-
other virtues. A person who avoids and is afraid of tions; for we are not called good or evil in respect of
everything and faces nothing becomes a coward; a our emotions but in respect of our virtues or vices.
person who is not afraid of anything but is ready Again, we are not praised or blamed in respect of
to face everything becomes foolhardy. Similarly he our emotions; a person is not praised for being afraid
who enjoys every pleasure and never abstains from or being angry, nor blamed for being angry in an
any pleasure is licentious; he who eschews all plea- absolute sense, but only for being angry in a cer-
sures like a boor is an insensible sort of person. For tain way; but we are praised or blamed in respect of
temperance and courage are destroyed by excess our virtues or vices. Again, whereas we are angry
and deficiency but preserved by the mean state. or afraid without deliberate purpose, the virtues are
in some sense deliberate purposes, or do not exist
Again, not only are the causes and the agen- in the absence of deliberate purpose. It may be
cies of production, increase and destruction in the added that while we are said to be moved in respect
moral states the same, but the sphere of their activ- of our emotions, in respect of our virtues or vices
ity will be proved to be the same also. It is so in we are not said to be moved but to have a certain
disposition.
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Chapter ❮❮ Virtue Ethics
These reasons also prove that the virtues are not ascertained in this way. It does not follow that if 10
faculties. For we are not called either good or bad, pounds of meat be too much and 2 be too little for a
nor are we praised or blamed, as having an abstract man to eat, a trainer will order him 6 pounds, as this
capacity for emotion. Also while Nature gives us our may itself be too much or too little for the person
faculties, it is not Nature that makes us good or bad, who is to take it; it will be too little e.g. for Milo,4
but this is a point which we have already discussed. but too much for a beginner in gymnastics. It will
If then the virtues are neither emotions nor faculties, be the same with running and wrestling; the right
it remains that they must be moral states. amount will vary with the individual. This being so,
everybody who understands his business avoids
The nature of virtue has been now generically alike excess and deficiency; he seeks and chooses
described. But it is not enough to state merely that the mean, not the absolute mean, but the mean con-
virtue is a moral state, we must also describe the sidered relatively to ourselves.
character of that moral state.
Every science then performs its function well,
It must be laid down then that every virtue or if it regards the mean and refers the works which
excellence has the effect of producing a good con- it produces to the mean. This is the reason why it
dition of that of which it is a virtue or excellence, is usually said of successful works that it is impos-
and of enabling it to perform its function well. Thus sible to take anything from them or to add anything
the excellence of the eye makes the eye good and to them, which implies that excess or deficiency is
its function good, as it is by the excellence of the fatal to excellence but that the mean state ensures
eye that we see well. Similarly, the excellence of the it. Good . . . artists too, as we say, have an eye to the
horse makes a horse excellent and good at racing, at mean in their works. But virtue, like Nature herself, is
carrying its rider and at facing the enemy. more accurate and better than any art; virtue there-
fore will aim at the mean;—I speak of moral virtue,
If then this is universally true, the virtue or excel- as it is moral virtue which is concerned with emotions
lence of man will be such a moral state as makes a and actions, and it is these which admit of excess
man good and able to perform his proper function and deficiency and the mean. Thus it is possible to
well. We have already explained how this will be the go too far, or not to go far enough, in respect of fear,
case, but another way of making it clear will be to courage, desire, anger, pity, and pleasure and pain
study the nature or character of this virtue. generally, and the excess and the deficiency are alike
wrong; but to experience these emotions at the right
VIRTUE AS A MEAN times and on the right occasions and towards the
right persons and for the right causes and in the right
Now in everything, whether it be continuous or dis- manner is the mean or the supreme good, which is
crete, it is possible to take a greater, a smaller, or an characteristic of virtue. Similarly there may be excess,
equal amount, and this either absolutely or in rela- deficiency, or the mean, in regard to actions. But vir-
tion to ourselves, the equal being a mean between tue is concerned with emotions and actions, and here
excess and deficiency. By the mean in respect of excess is an error and deficiency a fault, whereas the
the thing itself, or the absolute mean, I understand mean is successful and laudable, and success and
that which is equally distinct from both extremes; merit are both characteristics of virtue.
and this is one and the same thing for everybody.
By the mean considered relatively to ourselves I It appears then that virtue is a mean state, so
understand that which is neither too much nor too far at least as it aims at the mean. Again, there are
little; but this is not one thing, nor is it the same for many different ways of going wrong; for evil is in its
everybody. Thus if 10 be too much and 2 too little nature infinite, to use the Pythagorean5 figure, but
we take 6 as a mean in respect of the thing itself; for good is finite. But there is only one possible way of
6 is as much greater than 2 as it is less than 10, and going right. Accordingly the former is easy and the
this is a mean in arithmetical proportion. But the
mean considered relatively to ourselves must not be
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PART ONE ❯❯ ETHICAL THEORY
latter difficult; it is easy to miss the mark but difficult But it is not enough to lay down this as a gen-
to hit it. This again is a reason why excess and defi- eral rule; it is necessary to apply it to particular cases,
ciency are characteristics of vice and the mean state as in reasonings upon actions, general statements,
a characteristic of virtue. although they are broader . . . , are less exact than par-
ticular statements. For all action refers to particulars,
“For good is simple, evil manifold.”6 and it is essential that our theories should harmonize
Virtue then is a state of deliberate moral purpose with the particular cases to which they apply.
consisting in a mean that is relative to ourselves, the
mean being determined . . . by reason, or as a prudent SOME VIRTUES
man would determine it.
It is a mean state firstly as lying between two We must take particular virtues then from the cata-
vices, the vice of excess on the one hand, and logue7 of virtues.
the vice of deficiency on the other, and secondly
because, whereas the vices either fall short of or go In regard to feelings of fear and confidence, cour-
beyond what is proper in the emotions and actions, age is a mean state. On the side of excess, he whose
virtue not only discovers but embraces that mean. fearlessness is excessive has no name, as often
Accordingly, virtue, if regarded in its essence happens, but he whose confidence is excessive is
or theoretical conception, is a mean state, but, if foolhardy, while he whose timidity is excessive and
regarded from the point of view of the highest good, whose confidence is deficient is a coward.
or of excellence, it is an extreme.
But it is not every action or every emotion that In respect of pleasures and pains, although not
admits of a mean state. There are some whose very indeed of all pleasures and pains, and to a less
name implies wickedness, as e.g. malice, shameless- extent in respect of pains than of pleasures, the
ness, and envy, among emotions, or adultery, theft, mean state is temperance . . . , the excess is licen-
and murder, among actions. All these, and others tiousness. We never find people who are deficient in
like them, are censured as being intrinsically wicked, regard to pleasures; accordingly such people again
not merely the excesses or deficiencies of them. It is have not received a name, but we may call them
never possible then to be right in respect of them; insensible.
they are always sinful.
Right or wrong in such actions as adultery does As regards the giving and taking of money, the
not depend on our committing them with the right mean state is liberality, the excess and deficiency
person, at the right time or in the right manner; on are prodigality and illiberality. Here the excess and
the contrary it is sinful to do anything of the kind at deficiency take opposite forms; for while the prodigal
all. It would be equally wrong then to suppose that man is excessive in spending and deficient in taking,
there can be a mean state or an excess or deficiency the illiberal man is excessive in taking and deficient
in unjust, cowardly, or licentious conduct; for, if it in spending.
were so, there would be a mean state of an excess
or of a deficiency, an excess of an excess and a defi- (For the present we are giving only a rough and
ciency of a deficiency. But as in temperance and summary account of the virtues, and that is suffi-
courage there can be no excess or deficiency because cient for our purpose; we will hereafter determine
the mean is, in a sense, an extreme, so too in these their character more exactly.8)
cases there cannot be a mean or an excess or defi-
ciency, but, however the acts may be done, they are In respect of money there are other dispositions
wrong. For it is a general rule that an excess or defi- as well. There is the mean state which is magnifi-
ciency does not admit of a mean state, nor a mean cence; for the magnificent man, as having to do
state of an excess or deficiency. with large sums of money, differs from the liberal
man who has to do only with small sums; and the
excess corresponding to it is bad taste or vulgarity,
the deficiency is meanness. These are different from
the excess and deficiency of liberality; what the dif-
ference is will be explained hereafter.
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Chapter ❮❮ Virtue Ethics
In respect of honour and dishonour the mean but we must do our best here as elsewhere to give
state is highmindedness, the excess is what is called them a name, so that our argument may be clear
vanity, the deficiency littlemindedness. Correspond- and easy to follow . . . .
ing to liberality, which, as we said, differs from mag-
nificence as having to do not with great but with WHY IT IS SO DIFFICULT TO BE VIRTUOUS
small sums of money, there is a moral state which
has to do with petty honour and is related to high- That is the reason why it is so hard to be virtuous;
mindedness which has to do with great honour; for for it is always hard work to find the mean in any-
it is possible to aspire to honour in the right way, or thing, e.g. it is not everybody, but only a man of
in a way which is excessive or insufficient, and if a science, who can find the mean or centre9 of a cir-
person’s aspirations are excessive, he is called ambi- cle. So too anybody can get angry—that is an easy
tious, if they are deficient, he is called unambitious, matter—and anybody can give or spend money,
while if they are between the two, he has no name. but to give it to the right persons, to give the right
The dispositions too are nameless, except that the amount of it and to give it at the right time and for
disposition of the ambitious person is called ambi- the right cause and in the right way, this is not what
tion. The consequence is that the extremes lay claim anybody can do, nor is it easy. That is the reason
to the mean or intermediate place. We ourselves why it is rare and laudable and noble to do well.
speak of one who observes the mean sometimes as Accordingly one who aims at the mean must begin
ambitious, and at other times as unambitious; we by departing from that extreme which is the more
sometimes praise an ambitious, and at other times contrary to the mean; he must act in the spirit of
an unambitious person. The reason for our doing Calypso’s10 advice,
so will be stated in due course, but let us now dis-
cuss the other virtues in accordance with the method “Far from this smoke and swell keep thou thy bark,”
which we have followed hitherto.
for of the two extremes one is more sinful than the
Anger, like other emotions, has its excess, its defi- other. As it is difficult then to hit the mean exactly,
ciency, and its mean state. It may be said that they we must take the second best course,11 as the say-
have no names, but as we call one who observes ing is, and choose the lesser of two evils, and this
the mean gentle, we will call the mean state gentle- we shall best do in the way that we have described,
ness. Among the extremes, if a person errs on the i.e. by steering clear of the evil which is further
side of excess, he may be called passionate and his from the mean. We must also observe the things to
vice passionateness, if on that of deficiency, he may which we are ourselves particularly prone, as differ-
be called impassive and his deficiency impassivity. ent natures have different inclinations, and we may
ascertain what these are by a consideration of our
There are also three other mean states with a feelings of pleasure and pain. And then we must
certain resemblance to each other, and yet with a drag ourselves in the direction opposite to them; for
difference. For while they are all concerned with it is by removing ourselves as far as possible from
intercourse in speech and action, they are different what is wrong that we shall arrive at the mean, as
in that one of them is concerned with truth in such we do when we pull a crooked stick straight.
intercourse, and the others with pleasantness, one
with pleasantness in amusement and the other with But in all cases we must especially be on our
pleasantness in the various circumstances of life. We guard against what is pleasant and against pleasure,
must therefore discuss these states in order to make as we are not impartial judges of pleasure. Hence
it clear that in all cases it is the mean state which our attitude towards pleasure must be like that of the
is an object of praise, and the extremes are neither elders of the people in the Iliad towards Helen, and
right nor laudable but censurable. It is true that these we must never be afraid of applying the words they
mean and extreme states are generally nameless, use; for if we dismiss pleasure as they dismissed
Helen, we shall be less likely to go wrong. It is by
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PART ONE ❯❯ ETHICAL THEORY
action of this kind, to put it summarily, that we shall 6. A line—perhaps Pythagorean—of unknown
best succeed in hitting the mean. authorship.
NOTES 7. It would seem that a catalogue of virtues . . . must
have been recognized in the Aristotelian school. Cp.
1. Aristotle is thinking of the Platonic “ideas.” Eud. Eth. ii. Chapter 3.
2. In other words life may be taken to mean either the
8. I have placed this sentence in a parenthesis, as it
mere possession of certain faculties or their active interrupts the argument respecting the right use of
exercise. money.
3. The student of Aristotle must familiarize himself
with the conception of intellectual as well as of 9. Aristotle does not seem to be aware that the
moral virtues, although it is not the rule in modern centre...of a circle is not really comparable to the
philosophy to speak of the “virtues” of the intellect. mean...between the vices.
4. The famous Crotoniate wrestler.
5. The Pythagoreans, starting from the mystical sig- 10. Odyssey, pp. xii, 219, and 200; but it is Odys-
nificance of number, took the opposite principles of seus who speaks there, and the advice has been
“the finite” . . . and “the infinite” . . . to represent good given him not by Calypso but by Circe (ibid.
and evil. pp. 101–110).
11. The Greek proverb means properly “we must take
to the oars, if sailing is impossible.”
REVIEW EXERCISES 5. According to Aristotle, how is virtue a mean between
extremes? Give some examples.
1. What is the basic difference between virtue ethics
and other types of ethics we have studied? 6. Are there virtues that are excellences for all human
beings, or are virtues dependent upon our roles or
2. According to Aristotle, what is the difference our culture?
between intellectual and moral virtue?
7. Who most exemplifies the virtue of courage—the
3. Explain the importance of character and habits in person who finds it difficult to be brave or the person
evaluating the morality of a human life.
who finds it easy to be courageous?
4. Give a list of some virtues and related vices; explain
how these virtues contribute to eudaimonia.
For more chapter resources and activities, go to MindTap.
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Feminist Thought and 9
the Ethics of Care
Learning Outcomes
After reading this chapter, you should be able to:
• Describe the importance of feminist • Describe the essential features of the
• • thought for ethical inquiry. ethics of care.
Explain some of the problems confronting Explain the difference between
• women around the world. • feminine ethics and feminist ethics.
Explain feminist criticisms of traditional Distinguish between the several
views about ethics and moral • versions or “waves” of feminism. Dgrilla/iStock/Thinkstock
Defend your own ideas about the
• development. importance of feminist ethics and the
Identify the arguments of key feminist
authors, including Carol Gilligan, Nel ethics of care.
Noddings, Sarah Ruddick, Martha
Nussbaum, Judith Butler, and Annette Baier.
For more chapter resources and activities, go to MindTap.
In Pakistan in October 2012, a fifteen-year-old schoolgirl, Malala Yousafzai, was
shot in the head by Taliban assassins as she waited for a bus. The Taliban tar-
geted Malala because she had spoken out in defense of the right of girls to attend
school. Malala recovered from her wounds and has gone on to become an interna-
tional advocate for the rights of girls and women. In 2014, Malala became the young-
est person ever to receive the Nobel Peace Prize. When asked if she was a feminist,
she responded, “I’m a feminist” and said that we all should be feminists because
“feminism is another word for equality.”1 Her case is an indication of the inequality
and oppression that still afflict women throughout the world.
We like to imagine that violence against women is only a problem in other parts
of the globe. But in the United States, there is still a significant amount of violence
against women. According to data used by the White House in its “1 is 2 Many”
campaign to reduce violence against women, one in five women will be sexually
assaulted in college, one in nine teenage girls will be forced to have sex, and one in
ten teens will be hurt on purpose by someone they are dating.2 To combat the problem
of sexual assault and date rape, the state of California enacted legislation in 2014
which requires “affirmative consent” for sex—popularly known as the “yes means
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PART ONE ❯❯ ETHICAL THEORY
yes” law. We will discuss this further in Chapter 12 Epa european pressphoto agency b.v./Alamy Stock Photo
in connection with sexual morality. But note that the
issue of sex and sexuality is closely tied to the ques- Women holding signs in support of Malala Yousafzai in
tion of women’s rights. 2012 in Islamabad, Pakistan.
Some authors have also suggested that another in some ultra-Orthodox Jewish communities. Critics
insidious form of violence against women occurs argue that women should be free from molestation
through a cultural obsession with female beauty, regardless of how they dress. From this perspective,
which fuels the epidemic of eating disorders and the problem is not what women wear or how they
the growing use of cosmetic surgery to “perfect” behave, but a male-dominated culture in which men
the female body.3 Naomi Wolf links this to the rise seek to regulate and control women.
of pornography; “the influence of pornography on
women’s sexual sense of self has now become so The problem of violence against women is a
complete that it is almost impossible for younger global issue. Nicholas Kristof and Sheryl WuDunn
women to distinguish the role pornography plays in have chronicled the problem in their book (and
creating their idea of how to be, look and move in documentary) Half the Sky. Across the world, rape
sex from their own innate sense of sexual identity.”4 and sex-slavery threaten the well-being of women.
Some authors have argued that pornography is itself In some cases, women are denied access to medical
an example of violence against women, which in care and resources simply because they are women.
turn contributes to further violence against women.5 Female fetuses are aborted because of a cultural bias
It might be, however, that pornography is a celebra-
tion of sexuality, which empowers women. Pro-sex
or sex-positive feminists such as Wendy McElroy
argue that pornography benefits women both per-
sonally and politically. From McElroy’s perspective,
the point is to make sure that sex work is free of
coercion, which respects women by affording them
the freedom to choose as individuals to participate
or not.6 This dispute reminds us that feminism,
like other approaches to moral theory, is subject to
diverse interpretations.
While the charge about the degrading and vio-
lent aspects of pornography has been made by
Western feminists, a similar argument against the
general sexual objectification of women comes from
defenders of traditional roles for women and rules
of modesty. While this argument has been made in
a variety of cultural contexts, the most prominent
current discussion involves rules governing the use
of veiling in Muslim cultures. Defenders of the veil,
or hijab, argue that modest dress protects women
from being publicly harassed or molested, often
quoting a passage from the Qur’an (33:59), which
states that modest dress for women will ensure
that they are not abused. Similar ideas are found
in other cultures and religious traditions, including
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Chapter ❮❮ Feminist Thought and the Ethics of Care
toward male offsprings. Girls’ genitals are cut in a graduate degree.”11 And yet, the report notes that
practice that some call ritual “circumcision” but crit- there is a remaining “pay gap” in the United States,
ics call female genital mutilation or FGM. While with women earning only “78 cents for every dollar
cultural relativists might be reluctant to judge such earned by their male counterparts.”
cases (as discussed in Chapter 3), feminists focus on
the harm that FGM causes to girls and women. Even We might use the term feminist to describe those
worse than FGM is the fact that girls and women are who are concerned about the well-being of women,
often liable to be killed simply because of their gen- while being critical of the unequal treatment and vio-
der. Kristof and WuDunn conclude, lence that afflict women. Feminist philosophers Sally
Haslanger, Nancy Tuana, and Peg O’Connor define
It appears that more girls have been killed in the last feminism as “an intellectual commitment and a
fifty years, precisely because they were girls, than men political movement that seeks justice for women
were killed in all the battles of the twentieth century. and the end of sexism in all forms.”12 Feminism
More girls are killed in this routine “gendercide” in any shows up in ethical theory as a critique of traditional
one decade than people were slaughtered in all the approaches to ethics, which are primarily focused on
genocides of the twentieth century.7 values such as autonomy, impartiality, and neutral-
ity. While it is useful to invoke these values in criti-
A significant problem is “honor killing.” In some cizing women’s oppression, some feminists worry
cultures, when a woman has done something that that these sorts of values are themselves morally
the culture considers shameful, the male members of problematic. This criticism argues that values such
the family feel justified in killing her. In some places, as autonomy, impartiality, and neutrality are patriar-
rape is “punished” by killing the woman who has chal values, distinctively stressed by male-dominant
been raped or by forcing the rape victim to marry cultures, which downplay the importance of con-
her rapist. A CBS News report from April 2012 con- crete caring relationships. Such caring relationships
cluded that at least 5,000 women are killed every are typical of the private sphere and family life—
year because of “honor.”8 In Pakistan, in 2011, those parts of life that are viewed as being feminine
nearly 1,000 women were murdered in this way. (as opposed to the masculine and patriarchal public
Some cases occur within the United States and Brit- sphere).
ain, including the murder in 2009 of Noor Almaleki
by her own father in Peoria, Arizona, as reported on Debate about sex or gender differences in moral
the CBS news program 48 Hours.9 perspectives and moral reasoning was sparked by
the work of psychologist Carol Gilligan.13 She inter-
While the mainstream of Western culture now viewed both male and female subjects about vari-
holds that women deserve to be treated equally, it is ous moral dilemmas and found that the females she
clear that we’ve still got a long way to go in terms interviewed had a different view than the males
of actualizing this idea internationally. Even within of what was morally required of them. They used
the United States, there is room for progress. In a different moral language to explain themselves,
2015, the World Economic Forum ranked the United and their reasoning involved a different moral logic.
States twenty-eighth in the world in terms of gender Gilligan concluded that males and females have dif-
equality, calculated by measuring a variety of fac- ferent kinds of ethics. The ensuing debate, which
tors indicating economic opportunity, educational will be discussed here, has focused on whether
attainment, health outcomes, and political empow- there is a distinctively feminine morality. One sig-
erment of women (as compared to men).10 On the nificant question is whether the idea that there is a
one hand, women do seem to be outperforming men female approach to ethics helps or hinders the cause
academically. According to a report from the White of reducing violence against women, and whether
House in 2014, “young women are more likely it helps or hinders the effort to promote liberty and
than young men to be college graduates or have a equality for women.
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PART ONE ❯❯ ETHICAL THEORY
GENDER IN MORAL REASONING AND ideas.” However, she added, “they really ought to
THE ETHICS OF CARE listen to me and try to understand my beliefs.”18
Although the male and female subjects reached sim-
In Carol Gilligan’s studies, conducted in the 1970s, ilar conclusions, they used different reasoning. They
a hypothetical situation was posed to two eleven- seemed to have two decidedly different orientations
year-old children, Jake and Amy.14 A man’s wife was or perspectives. The male spoke in terms of an indi-
extremely ill and in danger of dying. A certain drug vidual’s right to his or her own opinions, while the
might save her life, but the man could not afford it, female talked of the need for the particular people
in part because the druggist had set an unreasonably involved to talk with and come to understand one
high price for it. The question was whether the man another. These and similar cases raise questions
should steal the drug? Jake answered by trying to about whether a gender difference actually exists in
figure out the relative value of the woman’s life and the way people reason about moral matters.
the druggist’s right to his property. He concluded
that the man should steal the drug because he cal- Several contrasting pairs of terms are associated
culated that the woman’s life was worth more. Amy with or can be used to describe female and male
was not so sure. She wondered what would happen ethical perspectives. These are listed in the follow-
to both the man and his wife if he stole the drug. “If ing table:
he stole the drug, he might save his wife then, but
if he did, he might have to go to jail, and then his Female Male
wife might get sicker again.”15 She said that if the Ethical Perspective Ethical Perspective
husband and wife talked about this, they might be
able to think of some other way out of the dilemma. Personal Impersonal
Partial Impartial
One interesting thing about this case is the very Private Public
different ways in which the two children tried to Natural Contractual
determine the right thing to do in this situation. The Feeling Reason
boy used a calculation in which he weighed and Compassionate Fair
compared values from a neutral standpoint. The Concrete Universal
girl spoke about the possible effects of the proposed Responsibility Rights
action on the two individuals and their relation- Relationship Individual
ship. Her method did not give the kind of definitive Solidarity Autonomy
answer that is apparent in the boy’s method. When
researchers examined this and similar cases, they The various characteristics or values in this list
speculated that these differences in moral reasoning may need explanation. First, consider the suppos-
may be the result of sex or gender.16 edly typical female moral perspective. The context
for women’s moral decision making is said to be
Another representative example also seems to one of relatedness. Women are supposedly more
show a gender difference in moral reasoning.17 concerned about particular people and their rela-
In explaining how they would respond to a moral tions and how they will be affected by some action.
dilemma about maintaining one’s moral principles in In this view, women’s morality is highly personal.
the light of peer or family pressure, two teen sub- They are partial to their particular loved ones and
jects responded quite differently. The case was one think that one’s primary moral responsibility is to
in which the religious views of each teen differed these people. It is the private and personal natural
from those of their parents. The male said that he relations of family and friends that are the model for
had a right to his own opinions, though he respected
his parents’ views. The female said that she was
concerned about how her parents would react to her
views. “I understand their fear of my new religious
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Chapter ❮❮ Feminist Thought and the Ethics of Care
other relations. Women stress the concrete experi- The supposedly typical male moral perspec-
ences of this or that event and are concerned about tive contrasts sharply with a feminine ethics of
the real harm that might befall a particular person or care, such as we find in the work of Noddings. In
persons. The primary moral obligation is to prevent this view, men take a more universal and impar-
harm and to help people. Women are able to empa- tial standpoint in reasoning about what is morally
thize with others and are concerned about how they good and bad. Men are more inclined to talk in terms
might feel if certain things were to happen to them. of fairness, justice, and rights. They ask about the
They believe that moral problems can be solved by overall effects of some action and whether the good
talking about them and by trying to understand oth- effects, when all are considered, outweigh the bad.
ers’ perspectives. Caring and compassion are key It is as though they think moral decisions ought to
virtues. The primary moral obligation is not to turn be made impersonally or from some unbiased and
away from those in need. detached point of view. The moral realm would then,
in many ways, be similar to the public domain of law
Nel Noddings’s work, Caring: A Feminine and contract. The law must not be biased and must
Approach to Ethics and Moral Education, pro- treat everyone equally. In this view, moral thinking
vides a good example and further description of involves a type of universalism that recognizes the
the ethics of care.19 Noddings has spent her career equal moral worth of all persons, both in themselves
defending and explaining her ideas about care eth- and before the law. People ought to keep their prom-
ics. This approach includes an account of how car- ises because this is the just thing to do and helps
ing relationships are important from the standpoint create a reliable social order. Morality is a matter of
of evolution—as a mother’s care for her children doing one’s duty, keeping one’s agreements, and
promotes their survival and emotional and moral respecting other people’s rights. Impartiality and
health. Indeed, Noddings maintains that we all have respectfulness are key virtues. The primary obliga-
a natural desire to be cared for—and that we have tion is not to act unfairly.
the ability to provide care. This is true whether we
are male or female, even though evolution and cul- What are we to make of the view that two very
ture tend to make us think that care is more female different sets of characteristics describe male and
than male. Noddings emphasizes that care is not a female morality? In suggesting a difference between
voluntary act of free and equal parties who enter into men’s and women’s morality, Carol Gilligan was
social contracts. Rather, we find ourselves already taking aim at one of the dominant points of view
embedded in family and social contexts that cre- about moral development, namely, that of the psy-
ate networks of care. These networks and relation- chologist Lawrence Kohlberg.20 According to Kohl-
ships are not primarily governed by abstract rules; berg, the highest stage of moral development is the
rather, they depend upon the needs and relations of stage in which an adult can be governed not by
the individuals. So, for Noddings, care is two-sided: social pressure, but by personal moral principles and
it involves a complex interplay between the carer a sense of justice. Based on these principles, adults
and the cared for. For Noddings, caring means lis- come to regard other people as moral equals and
tening attentively and seeing lovingly. It involves manifest an impartial and universal perspective. In
what she describes as motivational displacement, his own research, Kohlberg found that women did
where the needs of the other overwhelm us, as in a not often reach this stage of development. He thus
mother’s physical reaction to the crying of her infant judged them to be morally underdeveloped or mor-
child. Noddings thinks that the deep connections of ally deficient. Of course, his conclusions were not
care are psychologically and morally important for totally surprising because he had used an all-male
human flourishing and that society would be better sample in working out his theory.21 After deriving
if it promoted caring relationships through education his principles from male subjects, he then used them
and institutional design. to judge both male and female moral development.
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PART ONE ❯❯ ETHICAL THEORY
Gilligan and Kohlberg were not the first psychol- varied somewhat.24 For example, her later research
ogists to believe a difference existed between men’s finds some variation in moral reasoning among both
and women’s morality. Sigmund Freud held that men and women. According to these findings, while
women “show less sense of justice than men, that both men and women sometimes think in terms of
they are less ready to submit to the great exigencies a justice perspective, few men think in terms of a
of life, that they are more often influenced in their care perspective. Being able to take one perspective
judgments by feelings of affection or hostility. . . .”22 rather than the other, she wrote, is much like being
According to Freud, women were morally inferior to able to see the following well-known line drawing
men. Instead of being able to establish themselves figure as a rabbit or as a duck. One’s perspective
as separate people living in society and adapting affects how one sees the figure.
to its rules, girls remained in the home, attached to
their mothers. Thus, girls developed a capacity for With regard to ethics, if one has a justice perspec-
personal relations and intimacy while their male tive, one will see that “the self as moral agent stands
counterparts developed a sense of separateness as the figure against a ground of social relation-
and personal autonomy. The idea was that women ships, judging the conflicting claims of self and oth-
base their morality on concerns about personal rela- ers against a standard of equality or equal respect.” If
tions, while men base their morality on rules that one has a care perspective, then one will see that “the
can reconcile the separate competing individuals in relationship becomes the figure, defining self and
society.23 Believing that a focus on personal rela- others. Within the context of relationship, the self as
tions rather than a sense of justice was a lesser form a moral agent perceives and responds to the percep-
of morality, Freud and others thought that women tion of need.”25 In these more recent studies, Gilligan
were morally inferior to men. used “educationally advantaged North American ado-
lescents and adults” and found that two-thirds had
Is There a Gender Difference in Morality? one or the other orientation as their primary focus.
Still, she found sex differences in the results. “With
Several questions ought to be asked about the the- one exception, all of the men who focused, focused
ory that women and men exhibit a different type of on justice. The women divided, with roughly one-
moral perspective and moral reasoning. First, is this third focusing on justice and one-third on care” (the
contention true? Is it an empirical fact that men and other third had a hybrid approach).26 In this study,
women manifest a different type of moral thinking? women did not always have the care perspective as
Second, if it is a fact, then how are we to explain it? their focus—but without the women in the study, the
What may be the source or cause of this difference? care focus would have been almost absent.
Third, if there is a difference, is one type of moral
thinking higher or more developed or better than the Other theorists are not so sure about what the
other? We might also wonder whether the attempt data show. For example, Catherine Greeno and Elea-
to distinguish between male and female forms of nor Maccoby believe that any difference between
moral experience serves the feminist goal of help-
ing women or whether it simply reiterates traditional
gender stereotypes.
To determine whether there is, in fact, a differ-
ence between the moral language and logic of males
and females, we need to rely on empirical surveys
and studies. What do people find who have exam-
ined this supposed phenomena? We have already
described some of the earlier findings of Carol
Gilligan. Her conclusions in more recent studies have
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Chapter ❮❮ Feminist Thought and the Ethics of Care
men’s and women’s morality can be accounted for views such as Kohlberg’s (see earlier), mature moral
by social status and experience, rather than gender. thinking involves being able to be detached and see
Using other studies, they point out that in many things from some impartial perspective. Judging from
cases, those who exhibit so-called feminine morality a care perspective means that one cannot judge dis-
have been housewives and women who lack higher passionately or without bias, and this was deemed
education. They found that career women showed to be a moral defect. However, as we have seen, this
types of moral reasoning similar to those of men.27 traditional view of care ethics has been criticized by
The question of whether women do exhibit a unique feminists and others.
type of moral language and logic will need to be
decided by those who study the empirical data. And, A second account of the source of differences in
of course, you can examine your own experience to masculine and feminine morality is exemplified by
see whether the males and females you know seem the writings of Caroline Whitbeck, who locates it,
to reason differently when discussing moral issues. at least in part, in women’s and men’s biology, that
is, in the difference in their reproductive capacities
The Source of Feminine Morality and experiences. In pregnancy, labor, and childbirth,
women experience certain feelings of dependency
At least three distinct types of explanation address a and contingency.28 They do not have full control of
possible difference between masculine and feminine their bodies. They experience weakness and pain.
morality. One proposes differences in the psychosex- They feel themselves participating in “species life”
ual development of the two sexes; a second points at its most primitive level. Because of their own feel-
to biological differences; and a third gives a social, ings during this time, they can sympathize more
cultural, or educational explanation. readily with the infant’s or child’s feelings of help-
lessness and dependency.
We have already described something of the
Freudian account of the effects of psychosexual Some will claim that female caring and nurtur-
development on male and female moral thinking. ing spring naturally from the intimate and sympa-
A few more points may be added. According to this thetic relation that mothers are supposed to have
view, males and females have different concepts of toward their children. A naturalistic explanation of
the self and their gender identities; this concept is this might maintain that there is some instinctive
influenced by their development in relation to their orientation toward nurturance in women that is ulti-
mothers and fathers. As they grow up, females mately a matter of biology and physiology. It might
develop a sense of being connected with their moth- be, however, that culture and socialization also mat-
ers, whereas males find themselves being different ter. Girls and women are taught to exhibit nurtur-
from their mothers. According to Nancy Chodorow, ing behaviors by a culture that expects them to be
who amplifies Freud’s theory, development of the nurturers and caregivers. This points toward the idea
self and one’s sense of individuality depends on that mothering is not only a biological phenomenon,
being able to separate oneself from others. Thus but also a social and cultural one. Although some
males, who tend to separate themselves from their women bear children, it is not necessary that they
mothers, come to have a sense of self as indepen- rear them. Still, because they do give birth to and
dent, whereas females do not develop the sense nurse infants, women have generally come to be the
of separate selves and rather see themselves as primary child rearers.
attached or connected to others. From this devel-
opmental situation, males and females supposedly It is from the elements of so-called maternal prac-
develop different senses of morality—males develop tice that women’s morality arises, according to this
a morality associated with separation and auton- third view.29 To Sara Ruddick, for example, mater-
omy, and females develop a morality with relation- nal practice results in “maternal thinking,” which is
ships and interdependence. According to traditional the “vocabulary and logic of connections” that arises
from women “acting in response to demands of their
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PART ONE ❯❯ ETHICAL THEORY
children.”30 She believes that maternal thinking is say here is quite speculative in that we are making
not simply a kind of feeling that comes naturally to guesses that cannot strictly be proved to be true.
women, but a purposeful way of thinking and acting. Nevertheless, there is a great deal of appeal and sug-
It involves finding ways to preserve, develop, and gestiveness in the theory of the ethics of care. In
promote one’s children. Infants are extremely vul- particular, we should compare this type of morality
nerable and will not survive if they do not have the with more traditional theories, such as utilitarianism
basics of food, clothing, and shelter. Children must and deontology, to see how different the perspec-
be safeguarded from the many dangers of life. They tives are as exemplified by the theories.
need help in growing—physically, socially, and mor-
ally. Particular virtues are required for a mother to Whether one way of judging morally is better
be able to satisfy the needs of her children. Among than the other is also an open question. As we have
those described by Ruddick are humility (for one seen, there has been a tradition of thought that says
cannot do everything), cheerfulness combined with that the so-called feminine morality—an ethics of
realism, and love and affection. Mothers also need to care focused on particular relations—is a lower-level
guard against certain negative traits and feelings, for morality. When we consider the sources of this tradi-
example, feelings of hopelessness and possessive- tion, we find many reasons to criticize it. Perhaps,
ness. According to this view, it is because they spend on the contrary, it is the ethics of care that provides
much of their lives mothering that women develop a better moral orientation. For example, instead of
a morality consistent with this experience. And cul- judging war in terms of whether the overall ben-
tural norms tend to reinforce the value of care and efits outweigh the costs, we may do well to think
nurturance for women. We praise caregiving women about the particular people involved—for example,
and celebrate mothering, while wondering about that every soldier is someone’s daughter, son, sister,
the femininity of women who don’t exemplify the brother, mother, or father. Or perhaps the two ori-
maternal virtues. Maternal morality stresses relation- entations are complementary. Perhaps a justice ori-
ships and the virtues that are necessary for mother- entation is the minimum that morality requires. We
ing. One does not necessarily have to be a biological could then build on this minimum and, for example,
mother, however, both to engage in mothering and temper justice with care and mercy. On the other
develop maternal ethics, according to this viewpoint. hand, the care orientation may be the more basic
Just because men and some women do not give one, and justice concerns could then be brought in to
birth does not mean that they cannot be parents and determine how best to care.
develop the outlook required for this practice. Until
now, it has been a social phenomenon that maternal If specific female and male virtues parallel these
practice has been principally women’s work. ethical orientations, then another question arises.
Would it not be possible and good for both men and
Evaluating Gender-Specific Approaches women to develop both sets of virtues? If these vir-
to Morality tues are described in a positive way—say, caring and
not subservience—would they not be traits that all
Many questions remain concerning these three should strive to possess? These traits might be sim-
explanations of gender differences in morality. ply different aspects of the human personality, rather
Some are factual or empirical questions, for they ask than the male or female personality. They would then
whether something is or is not the case. Do women be human virtues and human perspectives, rather
in fact think and act in the ways described above? than male or female virtues and perspectives. In this
Are they more likely to do so than men? Does giv- view, an ethics of fidelity, care, and sympathy would
ing birth or rearing children cause those involved be just as important for human flourishing as an eth-
in these practices to think in a certain way and to ics of duty, justice, and acting on principle. While
have a certain moral perspective? Much of what we there would be certain moral virtues that all people
should develop, other psychological traits could
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Chapter ❮❮ Feminist Thought and the Ethics of Care
also vary according to temperament and choice. strong elements of care thinking in both Confu-
Individuals would be free to manifest, according to cian and Buddhist thought.” Slote concludes that
their own personalities, any combination of positive this shows that “the ethics of care can and should
moral characteristics. These sets of characteristics be regarded as a potential overall human morality,
and virtues would synthesize, in various ways, both rather than as something just about, or at most only
stereotypical masculine and feminine traits. relevant to, women.”31
FEMINIST THOUGHT We defined feminism at the outset of this chap-
ter (following Haslanger, Tuana, and O’Connor)
Not all feminist writers are supportive of the eth- as a movement that seeks justice for women and
ics of care. While most would agree that one can an end to sexism in all forms. The history of femi-
describe a particular type of morality that exhibits nism includes both those who are primarily con-
the characteristics said to belong to an ethics of care, cerned with promoting women’s equality with men
these writers question whether all aspects of such and those who want to raise the value of women’s
an ethics of care are good. For example, care ethics unique characteristics. However, the most well-
seems to be based on relations between unequals. known writers and activists of this movement have
The mother–child relation is such a relation. The been those who have stressed women’s rights and
dependency in the relation goes only one way. One equality. Among the earliest examples is Mary
does all (or most of) the giving, and the other all (or Wollstonecraft, who wrote, in A Vindication of the
most of) the receiving. This may tend to reinforce Rights of Women (1792),32 that women were not by
or promote a one-sided morality of self-sacrifice and nature weak and emotional, but that their social sit-
subjugation. It may reinforce the view that women uation had in many ways made them so. It was soci-
ought to be the ones who sacrifice and help and sup- ety that taught women negative moral traits such as
port others, chiefly children and men. cunning and vanity, she insisted. The suffragettes
who sought political equality and the right to vote
Other criticisms include the worry that care ethics followed in her footsteps. Many years later, Simone
tends to rest upon stereotypes about female and male de Beauvoir’s The Second Sex (1949) became a clas-
behavior, which tend to reinforce male dominance. If sic text for what has been called a “second wave”
we think that men are impartial while women are of feminists (the “first wave” being the nineteenth-
not, this may lead us to think twice about assign- century women’s rights advocates).33 According to
ing women to positions of authority where impar- de Beauvoir, women are a “second sex” because
tiality is required. Furthermore, the hard distinction they are regarded always in terms of being an
between the genders is problematic. And as we see “other” to the primary male sex. In an existentialist
in the case of transgender persons (which we will vein, she stressed the need for women to be inde-
discuss in Chapter 12). Some women are not all that pendent selves and free to establish their own goals
caring, and some men are quite caring. The differ- and projects. Various other writers in the history of
ences may be described in terms such as masculine the women’s movement stressed the importance of
and feminine—but in reality, this gendered terminol- raising women’s consciousness so that they might
ogy does not map accurately onto actual differences understand how women’s experience is shaped by
among diverse individuals. Furthermore, these sup- social and cultural norms. This involves helping
posed differences may only be cultural differences. women become aware of how certain social circum-
It might be the case in Western cultures that women stances leave women with second-class status, while
are more caring and men are more impartial. But encouraging women to examine the various ways
this may not be true in other cultures. Michael Slote, they have been oppressed and subordinated in their
a prominent defender of care ethics, notes that in personal, professional, and political lives. The move-
African cultures, both men and women exhibit car- ment’s aim was not only to raise consciousness, but
ing behaviors; he also argues that “there are very
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PART ONE ❯❯ ETHICAL THEORY
also to act politically to bring about the equality of AP Images/dapd/Thomas Lohnes
women. Thus, for example, they sought the passage
of the Equal Rights Amendment to the U.S. Con- Feminist philosopher and queer theorist Judith Butler.
stitution. Although the Equal Rights Amendment
passed through both houses of the U.S. Congress post-structuralist philosophy and what is often
in 1972, it failed to receive enough support in the called queer theory—which is an approach that aims
states in order to be ratified. The original Congres- to deconstruct traditional norms for thinking about
sional authorization expired in 1982. Since 1982, gender and sexuality. In her most influential book,
members of the U.S. Congress have continued to Gender Trouble, Butler discusses such figures as her-
reintroduce the Equal Rights Amendment at each maphrodites and drag queens in order to elucidate
new session of the Congress. the ways in which gender norms are socially con-
structed and “performed,” in an attempt to liberate
The so-called third wave of feminism (develop- gender and sexuality from strict social conventions.
ing since the 1990s) has been more aware of the As might be expected, this approach has implica-
problem of diversity in dealing with women’s issues. tions for sexual morality and the issue of transgen-
This includes the range of women’s experiences in der rights (as we’ll discuss in Chapter 12).
diverse cultures. Women’s issues will be different in
Pakistan, in Israel, and in the United States, depend- Many of these forms of feminist moral thought
ing upon religious, cultural, and even generational may be said to advance a feminist ethics, distin-
differences. Women in the Western world who are guishable from an ethics of care (sometimes called
concerned with liberty and equality for women in the feminine ethics, because of its focus on feminine
rest of the world have been more aware of the need virtues).35 Writers who explore feminist ethics often
to listen to women and appreciate their unique cul- focus on analyzing the causes of women’s subordina-
tural situations. One prominent feminist who has been tion and oppression and systematic violence against
working on international women’s issues is the phi- women. Feminist ethicists are also engaged in strate-
losopher Martha Nussbaum (whose work we touched gies for eliminating this violence and oppression. In
upon in Chapter 3). Nussbaum reminds us that cul- this, they have an explicitly political orientation.
tures are dynamic and internally complex. None-
theless, Nussbaum thinks that it is still important to The political activist side of feminism may be
clarify abstract moral principles, provided that they directed at local and national issues, such as the
are grounded in empirical reality. She explains that Equal Rights Amendment mentioned previously. It
although feminist philosophy has often been “skeptical might also have a global focus. At the international
of universal moral normative approaches,” feminism level, women have worked together to raise the sta-
can make universal claims that “need not be insensi- tus of women around the world and seek ways to
tive to difference or imperialistic.”34 Nussbaum’s own
work dealing with gender issues in India exempli-
fies the approach she champions; criticism must be
grounded in local practices and based upon the needs
and interests of the women whose lives are character-
ized by the specifics of the local context.
Other recent feminist discussions point toward a
further critique of abstract moral principles. These
discussions are often concerned with the sheer
complexity of gender terms and sexuality. One
prominent author associated with third-wave femi-
nism is Judith Butler, whose work is influenced by
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Chapter ❮❮ Feminist Thought and the Ethics of Care
better the conditions under which they live. Inter- according to many feminist writers. They have not
national conferences have brought women together been interested in matters of the home and domes-
from all nations to discuss their problems and lend ticity. They have tended to ignore issues such as
each other support. One initiative is the effort to pro- the “feminization of poverty,” the use of reproduc-
vide small loans to women in impoverished areas tive technologies, sexual harassment, and violence
(so-called microfinancing) so that women can sta- against and sexual abuse of women. It is mainly
bilize their financial and family lives. Other focuses with women writing on these topics in contemporary
of activism include reproductive health, preventing ethics that they have gained some respectability as
violence against women, and educating women in topics of genuine philosophical interest. So also have
an effort to equalize literacy rates and life prospects. the issues of female oppression and subordination
Of course, such international and cross-cultural become topics of wider philosophical interest.
work requires sensitivity and awareness of the prob-
lems of cultural relativism and religious diversity. EVALUATION OF FEMINIST THOUGHT
AND THE ETHICS OF CARE
Some feminists point out that traditional philos-
ophy is among the causes of women’s oppression. We have already pointed out some questions that
Traditional moral philosophy has not been favorable have been raised about the ethics of care. As we
to women. It has tended to support the view that have seen, some writers point out that care does
women should develop “women’s virtues,” such not always come naturally to women, and not all
as modesty, humility, and subservience—which women are good mothers or good nurturers. More-
are often to the detriment of women. For example, over, men may also exhibit these characteristics, and
Aristotle seems to have held that women are infe- some cultures emphasize care as a primary value for
rior to men not only because of certain biological both men and women. However, supporters of the
phenomena having to do with heat in the body, but ethics of care may reply that their main concern is
also because they lack certain elements of rational- not the gender issue as much as the need to advance
ity. According to Aristotle, free adult males could care in opposition to more traditional values, such as
rule over slaves, women, and children because of impartiality and universality.
the weakness in their “deliberative” faculties. In
the case of women, while they have such a faculty, In addition, many critics of care ethics contend
Aristotle claims it is “without authority.”36 In Emile, that the promotion of so-called feminine traits may
Jean-Jacques Rousseau’s work on the education of not be of benefit to women and may reinforce wom-
the young, the French philosopher advances a quite en’s subservient position in society. Defenders of care
different type of ideal education for the protagonist ethics might respond that it is not such “feminine”
Emile than for Emile’s wife-to-be, Sophie. Because virtues as obedience, self-sacrifice, silence, and ser-
morality is different for men and women, the young vice that define an ethics of care. Rather, such an
of each sex ought to be trained in different virtues, ethics tells us from what perspective we are to judge
according to Rousseau. Emile is to be trained in vir- morally, namely, from the perspective of specific per-
tues such as justice and fortitude, while Sophie is to sons in relation to each other, susceptible to particu-
be taught to be docile and patient.37 With this his- lar harms and benefits.
tory of male-dominant moral philosophy in mind, it
is easy to see why some feminists may be reluctant Can an ethics of care free itself from the negative
to affirm traditional notions about feminine virtues, associations of traditional femininity? Can feminist
since these are associated with a long history of the ethicists support an ethics of care while also seek-
subordination of women. ing to promote women’s equality? It is clear, at least,
that women cannot be restricted to traditionally sub-
Even contemporary moral philosophers have servient roles if they are to be treated equally and
not given women and women’s concerns their due, fairly in both the public realm and the realm of the
home and family.
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PART ONE ❯❯ ETHICAL THEORY
What these discussions have also suggested is and perceptions and may foster the ability of others
that we can no longer maintain that one ethics exists to listen and to understand. At the same time, the
for the home and the private realm (an ethics of care evidence of care focus in women’s moral thinking
and relationships) and another ethics for work or the suggests that the study of women’s development
public realm (an ethics of justice and fairness and may provide a natural history of moral development
impartiality). “Neither the realm of domestic, per- in which care is ascendant, revealing the ways in
sonal life, nor that of non domestic, economic and which creating and sustaining responsive connection
political life, can be understood or interpreted in iso- with others becomes or remains a central moral
lation from the other,” writes feminist political phi- concern.40
losopher Susan Moller Okin.38 These two realms not
only overlap, Okin argues, but also can and should Feminism and the ethics of care remain impor-
exemplify the values and virtues of each other. tant focal points for moral theory. This chapter’s
Elements of altruism and concern for particular, con- reading selections include a brief excerpt from Nel
crete individuals have a place in the political as well Noddings, as well as longer essays by Annette Baier
as the domestic realm. Furthermore, when feminists and Hilde Lindemann. Noddings is a key proponent
say that “the personal is political,” they mean that of care ethics; the excerpt is from her book Caring,
“what happens in the personal life, particularly in first published in 1984. Annette Baier’s essay pro-
relations between the sexes, is not immune from the vides a critique of the traditional emphasis on justice
dynamic of power, which has typically been seen that is derived from her reading of Carol Gilligan’s
as a distinguishing feature of the political.”39 These account of moral development. Lindemann discusses
relations should thus also be restrained by consider- the problem of power, male privilege, heterosexual
ations of fairness and justice. norms, and a variety of other issues arising from
a focus on gender. The feminist focus on power,
One further question arises about the ethics of inequality, and the importance of care connects
care. While such an ethics describes an ideal context with other areas of concern that will show up in
for ethical decision making, it does not tell us how later chapters of this book, including discrimina-
we are to determine what will help or harm particu- tion (Chapter 13), sexuality (Chapter 12), abortion
lar individuals. It does not in itself say what consti- (Chapter 11), and global justice (Chapter 20).
tutes benefit or harm. It gives no rules for what we
are to do in cases of conflict of interest, even among NOTES
those to whom we are partial, or what to do when
we cannot benefit all. It seems to give little definitive 1. “Malala Yousafzai tells Emma Watson: I’m a femi-
help for knowing what to do in cases where we must nist thanks to you,” The Guardian (November 5,
harm some to benefit others. Supporters of care eth- 2015), http://www.theguardian.com/world/2015/
ics may respond that by setting the context for ethi- nov/05/malala-yousafzai-tells-emma-watson-im-a-
cal decision making, an ethics of care has already feminist-thanks-to-you (accessed February 8, 2016).
done something valuable, for it thus provides a bal-
ance to the otherwise one-sided traditional ethics of 2. The White House, “1 is 2 Many,” http://www
the impersonal and universal. Perhaps this is a valu- .whitehouse.gov/1is2many (accessed July 21, 2016).
able minimum achievement. Or perhaps care ethics,
with its emphasis on human connectedness, has an 3. Naomi Wolf, The Beauty Myth: How Images of
even more central role to play in today’s ethical and Beauty Are Used against Women (New York:
political discussions. As Gilligan notes, Harper Perennial, 2002); Cressida J. Heyes and
Meredith Jones, Cosmetic Surgery: A Feminist
By rendering a care perspective more coherent and Primer (New York: Ashgate, 2009).
making its terms explicit, moral theory may facilitate
women’s ability to speak about their experiences 4. Naomi Wolf, The Beauty Myth, p. 5.
5. Most prominently, Andrea Dworkin, Pornography:
Men Possessing Women (New York: Perigee Books,
1981).
Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-202
Chapter ❮❮ Feminist Thought and the Ethics of Care
6. Wendy McElroy, XXX: A Woman’s Right to 22. Cited in Gilligan, “Moral Orientation and Moral
Pornography (New York: St. Martin’s Press, 1995). Development.”
7. Nicholas D. Kristof and Sheryl WuDunn, Half the 23. See also Nancy Chodorow, The Reproduction of
Sky: Turning Oppression into Opportunity for Mothering (Berkeley: University of California Press,
Women Worldwide (New York: Vintage, 2010), 1978).
p. xvii.
24. See, for example, Gilligan, “Adolescent
8. http://www.cbsnews.com/news/honor-killing- Development Reconsidered,” in Mapping the Moral
under-growing-scrutiny-in-the-us/ (accessed Domain, ed. Carol Gilligan, Janie Victoria Ward, and
July 21, 2016). Jill McLean Taylor (Cambridge, MA: Harvard
University Press, 1988).
9. CBS, 48 Hours, September 1, 2012.
10. World Economic Forum, The Global Gender Gap 25. Gilligan, “Moral Orientation and Moral
Development,” pp. 22–23. Emphasis added.
Report 2015, http://reports.weforum.org/global-
gender-gap-report-2015/the-global-gender-gap- 26. Ibid., p. 25.
index-2015/ (accessed July 21, 2016). 27. Catherine G. Greeno and Eleanor E. Maccoby, “How
11. The White House, Women’s Participation in Edu-
cation and the Workforce (October 2014), https:// Different Is the Different Voice?” in “On In a
www.whitehouse.gov/sites/default/files/docs/ Different Voice: An Interdisciplinary Forum,” Signs:
womens_slides_final.pdf (accessed July 21, 2016). Journal of Women in Culture and Society 11, no. 2
12. Sally Haslanger, Nancy Tuana, and Peg O’Connor, (Winter 1986), pp. 211–20.
“Topics in Feminism,” Stanford Encyclopedia of 28. See, for example, Caroline Whitbeck, “The Maternal
Philosophy (2011), http://plato.stanford.edu/ Instinct,” in Mothering: Essays in Feminist Theory,
entries/feminism-topics/ (accessed July 21, 2016). ed. Joyce Treblicot (Totowa, NJ: Rowman & Allan-
13. Carol Gilligan, “Concepts of the Self and of held, 1984).
Morality,” Harvard Educational Review (November 29. See, for example, Sara Ruddick, Maternal Thinking:
1977), pp. 481–517. Toward a Politics of Peace (Boston: Beacon, 1989).
14. This is a summary of a question that was posed by 30. Ibid., p. 214.
researchers for Lawrence Kohlberg. In Carol 31. Michael Slote, The Ethics of Care and Empathy
Gilligan, In a Different Voice (Cambridge, MA: (New York: Routledge, 2007), p. 9, footnote
Harvard University Press, 1982), pp. 28, 173. no. 7.
15. Ibid. 32. Mary Wollstonecraft, A Vindication of the Rights of
16. We use the term sex to refer to the biological male Women, ed. Miriam Brody (London: Penguin,
or female. The term gender includes psychological 1988).
feminine and masculine traits as well as social roles 33. Simone de Beauvoir, The Second Sex, trans. H. M.
assigned to the two sexes. Parshley (New York: Knopf, 1953).
17. From Carol Gilligan, “Moral Orientation and Moral 34. Martha C. Nussbaum, Women and Human
Development,” in Women and Moral Theory, ed. Development: The Capabilities Approach
Eva Kittay and Diana Meyers (Totowa, NJ: Rowman (Cambridge: Cambridge University Press, 2001),
& Littlefield, 1987), p. 23. p. 7.
18. Ibid. 35. This terminology is from Rosemary Tong’s Feminine
19. Nel Noddings, Caring: A Feminine Approach to and Feminist Ethics (Belmont, CA: Wadsworth,
Ethics and Moral Education (Berkeley: University 1993). As a source of this terminology, Tong also
of California Press, 1984). cites Betty A. Sichel, “Different Strains and Strands:
20. Lawrence Kohlberg, The Psychology of Moral Feminist Contributions to Ethical Theory,” Newslet-
Development (San Francisco: Harper & Row, 1984). ter on Feminism 90, no. 2 (Winter 1991), p. 90;
21. Gilligan, “Moral Orientation and Moral and Susan Sherwin, No Longer Patient: Feminist
Development,” p. 22. Ethics and Health Care (Philadelphia: Temple
University Press, 1992), p. 42.
Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-202
PART ONE ❯❯ ETHICAL THEORY 38. Susan Moller Okin, “Gender, the Public and the
Private,” in Political Theory Today, ed. David Held
36. Aristotle, Politics, as quoted in “Theories of Sex (Stanford, CA: Stanford University Press, 1991),
Difference,” by Caroline Whitbeck in Women and p. 77.
Moral Theory, p. 35.
39. Ibid.
37. Jean-Jacques Rousseau, Emile, trans. Allan Bloom 40. Gilligan, “Moral Orientation and Moral Develop-
(New York: Basic Books, 1979). Also see Nancy
Tuana, Woman and the History of Philosophy ment,” p. 32.
(New York: Paragon House, 1992).
READING
Caring
NEL NODDINGS
For more chapter resources and activities, go to MindTap.
Study Questions
As you read the excerpt, please consider the following questions:
1. How does relatedness figure into ethics?
2. Is the caring approach to ethics that Noddings describes one that only women can enjoy?
3. How does caring connect with subjectivity in ethics and the idea of universality?
Ethical caring, the relation in which we do meet our ethics, as there must be to escape relativism. The
the other morally, will be described as arising caring attitude, that attitude which expresses our
out of natural caring—that relation in which we earliest memories of being cared for and our growing
respond as one-caring out of love or natural incli- store of memories of both caring and being cared for,
nation. The relation of natural caring will be identi- is universally accessible. Since caring and the com-
fied as the human condition that we, consciously or mitment to sustain it form the universal heart of the
unconsciously, perceive as “good.” It is that condi- ethic, we must establish a convincing and compre-
tion toward which we long and strive, and it is our hensive picture of caring at the outset.
longing for caring—to be in that special relation—
that provides the motivation for us to be moral. We Another outcome of our dependence on an ethical
want to be moral in order to remain in the caring ideal is the emphasis upon moral education. Since
relation and to enhance the ideal of ourselves as we are dependent upon the strength and sensitiv-
one-caring. . . . ity of the ethical ideal—both our own and that of
others—we must nurture that ideal in all of our edu-
. . . In recognition of the feminine approach to cational encounters. I shall claim that we are depen-
meeting the other morally—our insistence on caring dent on each other even in the quest for personal
for the other—I shall want to preserve the unique- goodness. How good I can be is partly a function
ness of human encounters. Since so much depends of how you—the other—receive and respond to me.
on the subjective experience of those involved in
ethical encounters, conditions are rarely “sufficiently From Nel Noddings, Caring (Berkeley: The University of California
similar” for me to declare that you must do what I Press, 1984), pp. 1–6. Copyright © 1984 The University of California
do. There is, however, a fundamental universality in Press.
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Chapter ❮❮ Feminist Thought and the Ethics of Care
Whatever virtue I exercise is completed, fulfilled, in ultimate transcendence of the masculine and femi-
you. The primary aim of all education must be nur- nine in moral matters. . . .
turance of the ethical idea. . . .
. . . When I look at my child—even one of my
. . . I shall strike many contrasts between mascu- grown children—and recognize the fundamen-
line and feminine approaches to ethics and educa- tal relation in which we are each defined, I often
tion and, indeed, to living. These are not intended to experience a deep and overwhelming joy. It is the
divide men and women into opposing camps. They recognition of and longing for relatedness that
are meant, rather, to show how great the chasm is form the foundation of our ethic, and the joy that
that already divides the masculine and feminine in accompanies fulfillment of our caring enhances our
each of us and to suggest that we enter a dialogue commitment to the ethical ideal that sustains us as
of genuine dialectical nature in order to achieve an one-caring.
READING
The Need for More Than Justice
ANNETTE BAIER
For more chapter resources and activities, go to MindTap.
Study Questions
As you read the excerpt, please consider the following questions:
1. Who are the challengers to the supremacy of justice as a social virtue, and in what way does Baier suggest that this
is surprising?
2. How has the tradition of rights worked both against and for women?
3. According to Baier, what is wrong with the view that stresses relationships of equality?
In recent decades in North American social and racist and sexist injustices to their race and sex, are
moral philosophy, alongside the development and among the philosophers now suggesting that justice
discussion of widely influential theories of justice, is only one virtue among many, and one that may
taken as Rawls takes it as the “first virtue of social need the presence of the others in order to deliver
institutions,”1 there has been a counter-movement its own undenied value. Among these philosophers
gathering strength, one coming from some inter- of the philosophical counterculture, as it were—but
esting sources. For some of the most outspoken of an increasingly large counterculture—I include Alas-
the diverse group who have in a variety of ways dair MacIntyre,2 Michael Stocker,3 Lawrence Blum,4
been challenging the assumed supremacy of jus- Michael Slote,5 Laurence Thomas,6 Claudia Card,7
tice among the moral and social virtues are mem-
bers of those sections of society whom one might Annette Baier, “The Need for More Than Justice,” Canadian Jour-
have expected to be especially aware of the supreme nal of Philosophy, supplementary vol. 13, ed. Marshal Hanen and
importance of justice, namely, blacks and women. Kai Nielsen (Calgary: University of Calgary Press, 1988), pp. 41–56.
Those who have only recently won recognition of Copyright © Canadian Journal of Philosophy, reprinted by permis-
their equal rights, who have only recently seen sion of Taylor & Francis Ltd, www.tandfonline.com on behalf of
the correction or partial correction of long-standing Canadian Journal of Philosophy.
Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-202
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