This paper argues that the positive allocative decisions paradigmatically carried out by the application of legal rules are a necessary condition for arguments about particular justice (i.e., distributive and commutative justice) to make sense. If one shifts the focus from the distinction between distributive and commutative justice to what the two aspects of particular justice are for, namely, providing criteria to judge the allocation of goods, it becomes clear that the distinction is conceptually unstable. The paper argues that stabilizing the (...) distinction is worthwhile and that this can only be accomplished by the introduction of positive allocation schemes. (shrink)

Based on a reading of chapter 38 of the Daodejing, this article examines the relationship between the virtues and moral motivation. Laozi puts forward a view which might be termed a "paradox of virtue"--the phenomenon that a conscious pursuit of virtue can lead to a diminishing of virtue. It aims to show that Laozi's criticisms on the focus on the virtues and characters of agents, and his overall view on morality, pose challenges to a way of moral thinking that is (...) common in modern moral philosophy, including virtue ethics. (shrink)

The aim of this essay is to test the claim that epistemologists—virtue epistemologists in particular—have much to learn from virtue ethics. The essay begins with an outline of virtue ethics itself. This section concludes that a pure form of virtue ethics is likely to be unattractive, so the virtue epistemologist should examine the "impure" views of real philosophers. Aristotle is usually held up as the paradigm virtue ethicist. His doctrine of the mean is described, and it is explained how that (...) doctrine can provide a framework for an account of epistemic virtue. The conclusion of the essay is that a virtue epistemology based on analogies with virtue ethics, though well worth developing and considering, will face several challenges in fulfilling the significant promises that have been made on its behalf. (shrink)

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...) of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

Aristotle’s account of the virtue of justice has been regarded as one of the least successful aspects of his ethics. Among the most serious criticisms lodged against his views are (i) that he fails to identify the proper subject matter of justice (LeBar 2020), (ii) that he wrongly identifies the characteristic motives relevant for justice and injustice (Williams 1980), and (iii) that his account is parochial, i.e., that it fails to correctly recognize or characterize our obligations of justice to those (...) outside our community (Annas 1995; Curzer 2012). Indeed, Mark LeBar has recently argued that, although Aristotle’s eudaimonist framework remains the most promising metaethical strategy to ground justice as a virtue of individual human beings, the normative content of his theory is so flawed that neo-Aristotelians ought to adopt a Kantian theory of justice that centers on according respect to persons (LeBar 2020). My aim in this paper is to defend Aristotle’s views from these criticisms in order to show that it holds promise as an account of justice as a virtue. Notably, neo-Aristotelians have generally neglected the topic of justice, despite its centrality to Aristotle’s ethics and to our own social lives. I argue that they ought to take Aristotle’s account seriously as a starting point for their own theorizing, while recognizing that it needs modification on some points. (shrink)

I argue that the social dimension of alienation, as discussed by Williams and Railton, has been underappreciated. The lesson typically drawn from their exchange is that moral theory poses a threat to the internal integrity of the agent, but there is a parallel risk that moral theory will implicitly construe agents as constitutively alienated from one another. I argue that a satisfying account of agency will need to make room for what I call ‘genuine ethical contact’ with others, both as (...) concrete objects in the world external to ourselves and as subjects who can recognize us reciprocally. (shrink)

In this paper I take up the question about the unity of justice in Aristotle and advocate for a robust relationship between lawfulness and equality, the two senses of justice that Aristotle distinguishes in Nicomachean Ethics V. My strategy is to focus on Aristotle’s indication in NE V 2 that “other-relatedness” is the common element shared by the two justices and turn to Aristotle’s discussion of the notion of self-love in EN IX 8 to explain what that means. I argue (...) that the other-relatedness of justice can be characterized in terms of proper self-love. Concretely, the discussion of self-love makes clear that those who are concerned with the well-being of others in their community over their own material gain—i.e., those who are lawful and not grasping or pleonectic—are able to see that their own self-interest is in harmony with acting in benefit of their community. This shows that there is an intimate link between lacking pleonectic inclinations and being able to act for the sake of the common good—and in general, between lacking pleonectic inclinations and being virtuous in relation to others. (shrink)

This paper explores two ideas in Aristotle: the idea that a just person is necessarily a lawful and law-abiding citizen, and second, the idea that the virtuous person necessarily cares about the common good. In this paper, I show that justice and its concern for the common good is central to Aristotle’s conception of the virtuous agent, and that justice, in turn, cannot be understood apart from the various laws that states devise for the common benefit.

Scholarship on Aristotle’s NICOMACHEAN ETHICS (hereafter “the Ethics”) flourishes in an almost unprecedented fashion. In the last ten years, universities in North America have produced on average over ten doctoral dissertations a year that discuss the practical philosophy that Aristotle espouses in his Nicomachean Ethics, Eudemian Ethics, and Politics. Since the beginning of the millennium there have been three new translations of the entire Ethics into English alone, several more that translate parts of the work into English and other modern (...) languages, and half a dozen collections of new articles discussing Aristotle’s Ethics. Such an outpouring of scholarship has produced an almost unmanageable wave of books, articles, and reviews. Through my topical bibliography, I seek to organize this wealth of scholarly writing so as to make it manageable both to scholars working across the disciplines of philosophy, classics, history, and politics, and to scholars pursuing theses on specific topics within the Ethics. The bibliography takes as its model and is much indebted to that compiled by Barnes, Schofield, and Sorabji in their Articles on Aristotle, Volume 2: Ethics and Politics (1977), which was further updated and incorporated into the complete bibliography to all of Aristotle’s writings in Barnes’s Cambridge Companion to Aristotle (1995). Although I have taken guidance from their model, my bibliography differs in one main respect. Whereas Barnes et al. were more selective and annotated their bibliography, I have been more comprehensive in my inclusion of items. I have sought to include all books and journal articles concerned with the Ethics written in English over the last 120 years; additionally, I have sought to include representative and central works of scholarship written on the Ethics in French, German, and Italian during the same period of time. (shrink)

This article contains the author's responses to five critics of his book Law as a Leap of Faith whose criticisms appear in this journal. The critics are Kimberley Brownlee, Antony Hatzistavrou, Kristen Rundle, Sari Kisilevsky and Nicola Lacey. The criticisms and responses pick up the following fifteen themes from the book: law, morality, society, explanation, continuity, rationality, ends, instruments, values, justice, allocation, games, modalities, generalities, jurisprudence.

My aim in this paper is to demonstrate the relevance of the Aristotelian notion of civic friendship to contemporary political discussion by arguing that it can function as a social good. Contrary to some dominant interpretations of the ancient conception of friendship according to which it can only be understood as an obligatory reciprocity, I argue that friendship between fellow citizens is important because it contributes to the unity of both state and community by transmitting feelings of intimacy and solidarity. (...) In that sense, it can be understood as an important relationship predicated on affection and generosity, virtues lacking from both contemporary politics and society that seem to be merely dominated by Post-Enlightenment ideals. For Aristotle, friendship is important for society because it generates concord, articulating thus a basis for social unity and political agreement. (shrink)

In this paper I assess the possibility of advancing a modern conception of social justice under neo-Aristotelian lights, focussing primarily on conceptions that assert a fundamental connection between social justice and eudaimonia. After some preliminary remarks on the extent to which a neo-Aristotelian account must stay close to Aristotle’s own, I focus on Martha Nussbaum’s sophisticated neo-Aristotelian approach, which I argue implausibly overworks the aspects of Aristotle’s thought it appeals to. I then outline the shape of a deeper and more (...) general, and as yet unanswered, problem facing neo-Aristotelian accounts: how to justify the claim that the point of a just society is to assist or enable its members to flourish. (shrink)

This essay seeks to explain a morally important class of psychological incapacity—the class of what Bernard Williams has called “incapacities of character.” I argue for two main claims: (1) Caring is the underlying psychological disposition that gives rise to incapacities of character. (2) In competent, rational adults, caring is, in part, a cognitive and deliberative disposition. Caring is a mental state which disposes an agent to believe certain considerations to be good reasons for deliberation and action. And caring is a (...) mental state which structures an agent’s practical deliberation, by establishing presumptive boundaries on the landscape of possibilities over which her deliberative imagination ranges. Incapacities of character are a consequence of the structure which these presumptive boundaries give to an agent’s deliberation. (shrink)

(2006). Neoptolemus's soul and the taxonomy of ethical characters in Aristotle's Nicomachean Ethics ∗. British Journal for the History of Philosophy: Vol. 14, No. 2, pp. 205-223.

This paper reconsiders the relationship between the personal and the common good within an Aristotelian conception of the virtuous and happy life. Thinking about that relationship requires that we face up to a central tension in the Aristotelian ethical outlook. That approach is rooted in the value of eudaimonia — of living well, of happiness. That is something like the personal good. At the same time, on the Aristotelian picture no form of human life can be good if it is (...) not one we can live with others of our kind; that requires something like a common good. It is difficult to spell out both those ideas fully in such a way that they fit together well. Nonetheless, I believe that Aristotle’s framework (although not the specifics of his own theory) offers us the best prospects of doing so, and sketch a way of connecting the personal and common goods within that framework. (shrink)

People currently regard justice as the main principle of institutions and society, while in ancient Greek people took it as the virtue of citizens. This article analyzes Aristotle’s virtue of justice in his method of virtue ethics, discussing the nature of virtue, how justice is the virtue of citizens, what kind of virtue the justice of citizens is, and the prospect of the virtue of justice against a background of institutional justice. Since virtue can be said to be a specific (...) individual character, Aristotle also defines the virtue of justice as the character of justice, with which citizens act justly and desire to do what is just. The virtue of justice is also an individual ethical virtue, differing from others for it is at the same time a social ethic. We can call the virtue of justice a “non-individual individual ethical virtue.” It has been explained as between pure altruism and egoism, which is a wrong explanation. John Rawls regards justice as the first virtue of social institutions, challenging Aristotle’s virtue of justice, an assertion which also needs further deliberation. (shrink)

In The Idea of Justice , Amartya Sen argues for an approach to justice that is comparative and realization-based rather than transcendental and institutional. While Sen’s arguments for such an approach may not be as convincing as he thought, there are additional arguments for it, and one is that it provides a unique and valuable platform on which an account of justice as a virtue of social and political actors (including institutions and social movements) can be built. Hence new dimensions (...) of comparison are opened up: some actors are better disposed and more successful than others at leading social change in the direction of greater justice. The main objective of this article is to use the capability approach to construct such an account. Six dimensions of acting justly are identified: (1) reducing capability shortfalls; (2) expanding capabilities for all; (3) saving the worst-off as a first step towards their full participation in economy and society, (4) which is also to be promoted by a system of entitlements protecting all from social exclusion; while (5) supporting the empowerment of those whose capabilities are to expand; and (6) respecting ethical values and legitimate procedures. I conclude by sketching some underlying moral psychology. (shrink)

Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social norms (the nomoi)--they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of substantial dysfunction, the nomoi are limited to those norms that are not clearly inconsistent with the function of law--to create the conditions for human flourishing. (...) In a radically dysfunctional society, humans are thrown back on their own resources--doing the best they can in circumstances that may require great practical wisdom to avoid evil and achieve good. Justice is naturally good for humans--it is part and partial of human flourishing. All of these are natural ethical facts. "Natural Justice" develops these claims in four stages. Part I contextualizes the claim that justice is a natural virtue in relationship to David Hume's famous argument about deriving ought from is, G. E. Moore's open-question argument, and the so-called fact-value distinction. The upshot of the discussion in part I is the claim that there are no clearly decisive objections to existence of natural ethical facts. Part II traces the movement from neo-Aristotelian virtue ethics to virtue jurisprudence by articulating a theory of the judicial virtues. Among these are the virtues of practical wisdom and of justice. Practical wisdom or phronesis is best understood on the model of moral vision, which in the context of law is legal vision or situation sense. The virtue of justice is best understood as lawfulness. Just humans are law-abiding or nomimos--in that they internalize the widely shared and deeply held social norms of their social groups. This part concludes with the claim that a legally correct decision is the decision that characteristically would be rendered by a fully virtuous judge under the circumstances of the case. Part III argues that natural justice can be understood on the model of natural goodness as articulated in the work of Philippa Foot and Michael Thompson. The intuitive idea is that justice as lawfulness is naturally good for reason--using social creatures in human circumstances. This part also articulates and responds to a variety of objections. Part IV concludes by articulating the sense in which an aretaic theory of law that incorporates a natural virtue of justice as lawfulness can be viewed as an expression of the natural law tradition. The natural law idea that an unjust enactment is not a true law corresponds to two senses in which positive laws can fail to be nomoi (in the technical sense specified by virtue jurisprudence). First, a given enactment may contravene deeply held and widely shared social norms. Second, such enactments may be fundamentally inconsistent with the purpose of law--the promotion of human flourishing. (shrink)

What is the relationship between justice as an individual virtue and justice as an institutional virtue? The latter has been exhaustively explored by political philosophers, whereas the former remains underexplored in the literature on virtue ethics. This article defends the view that individual justice is logically prior to institutional justice, and argues that this view requires a conception of individual justice I call ‘justice as lawfulness’. The resulting view consists of three claims. First, just institutions are composed of the relations (...) between just persons. Second, the just person has a disposition to act in accordance with the legal and social norms (collectively, thenomoi) of the existing political tradition. Third, departures from thenomoirequire that the just person act with practical wisdom to reform thenomoiaccording to an implicit standard of justice in the political tradition. (shrink)

Although Western and Chinese philosophy evolved from disparate doctrinal foundations, the department of ethics is a notable exception. “How to live the good life” is a subject treated by Confucius and Aristotle in a manner that exhibits many surprising points of coincidence, not least in the colossal influence of both these philosophers on the social and political shape of their respective civilisations. This article is an attempt to correlate the relevant ideas which, as it were, build a bridge between East (...) and West on the perennial issues that affect all mankind in the context of a civil society. (shrink)

This dissertation is a study of the relation between Aristotle’s ethics and the crafts (or technai). My thesis is that Aristotle’s argument is at key points shaped by models proper to the crafts, this shaping being deeper than is generally acknowledged, and philosophically more problematic. Despite this, I conclude that the arguments I examine can, if revised, be upheld. The plan of the dissertation is as follows – Preface: The relation of my study to the extant secondary literature; Introduction: The (...) pre-Platonic concept of technē, as evidenced in Greek philosophical and literary sources, in particular the early Hippocratic corpus; Chapter one: The Platonic concept of technē, followed by an investigation of whether Plato affirms a virtue-technē in the Protagoras and Republic; Chapter two: Aristotle’s concept of technē, followed by scrutiny of his arguments in NE VI.5 against a virtue-technē, and of his analyses of slavery and deliberation; Chapter three: An exposition of Aristotle’s function argument, followed by a dominantist interpretation of it, and an explanation of dominantism as in part a technē-influenced doctrine; Chapter four: An examination of Aristotle’s ethical mean and its problems, with a diagnosis of these in terms of influence by the Philebus, and by paradigms derived from the crafts; Chapter five: Argument that Aristotle’s theory of habituation suffers from two significant opacities, these being a function of influence both by the Republic, and by models of craft-learning; Conclusion: Response to key objection; Aristotle’s ethics revised, defended. (shrink)

In response to Lawrence Solum's advocacy of a ‘virtue–centred theory of judging’, I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice (...) necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision. (shrink)

Zusammenfassung: Freundschaft ist ein wichtiges Thema der aristotelischen Moraltheorie. Aristoteles versteht unter Freundschaft die optimale Form der Beziehung, in der sich die Beteiligten gegenseitig schätzen und Wohltaten leisten. Im Rahmen seiner Freundschaftstheorie hat Aristoteles auch eine Auffassung der Freundschaft zwischen Eltern und Kindern entworfen. Im Vergleich zu seiner allge-meinen Freundschaftstheorie haben seine Ansätze zur Freundschaft zwischen Eltern und Kindern sowohl in der historischen als auch in der systematischen Forschung wenig Aufmerksamkeit gefunden. Das Ziel dieses Artikels ist es, die Auffassung dieser (...) speziellen Beziehung im Kontext seiner Moral- und Freundschaftstheorie darzustellen, zu interpretieren, aber auch weiterzuentwickeln bzw. zu vervollständi-gen. Zudem wird eine kritische Beurteilung sowie Korrektur einiger Aspekte dieser Theorie, insbesondere der Gläubiger-Schuldner-Auffassung der Eltern-Kinder-Beziehung, vorgenommen. Diese Auseinandersetzung mit Aristoteles’ Theorie führt zu einer klareren, systematischeren, aber auch attraktiveren und angemesseneren aristotelischen Theorie der Eltern-Kinder-Freundschaft, als sie in den Schriften des Aristoteles vorliegt. -/- Summary: Friendship (philia), the optimal form of a relationship, in which the friends love and do good things for each other, is an important theme of Aristotle’s ethics. In the framework of his friendship theory, Aristotle also outlined an account of the specific friendship emerging within the relationship between parents and their children. In comparison to his general theory of friendship, which has been widely discussed both by historians of philosophy and by ethicists, has this account received little at-tention. The objective of this article is to present and interpret, but also to develop and qualify, this account of parent-child friendship in the context of Aristotle’s general friendship theory. I shall also suggest that some aspects of this theory, in particular the debtor-creditor account of filial duties, need to be reassessed. This interpretation and discussion should yield a clearer, more systematic but also more attractive and adequate Aristotelian account of the optimal parent-children relationship than the one we find in the texts of Aristotle. (shrink)

(1998). Aristotle and sartre on the human condition: lack, responsibility and the desire to be god 1 . Angelaki: Vol. 3, Impurity, authenticity and humanity, pp. 29-37.

The overall aim of this thesis is to show how some ideas in Aristotle’s Nicomachean Ethics can be interpreted and used as a productive way to approach a number of pressing issues in bioethics. Articles I-II introduce, and endorse, a social constructivist perspective on rights. It is investigated if the existence of property-like rights to biological material would include the moral right to commodification and even commercialisation. Articles III-V discuss similar questions and more specifically champion the application of an Aristotelian (...) virtue ethics perspective. The articles are preceded by an introductory essay on some of the central themes in the Nicomachean Ethics. This section also includes a very brief account of what the connection between virtue ethics and a theory of social construction, including rights, could look like. The thesis seeks to show that if read somewhat creatively many of the ideas in the Nicomachean Ethics make for a highly useful approach to modern moral problems. It should be noted, however, that this thesis in no way claims to be an exegetic, or a complete, study of the Nicomachean Ethics. Article I deals with ownership of biological material from a philosophical, as opposed to a legal, perspective. It is argued that a strand in liberal political theory that treats property relations as socially constructed bundles of rights, as developed by e.g. Felix Cohen and Tony Honoré, is well suited for discussions on ownership of biological material. Article II investigates which differences in biological material might motivate differences in treatment and ownership rights. The article draws on the social constructivist theory of ownership which was developed in Article I. Article III employs virtue ethics to explain why it is morally permissible to donate but not to sell organs such as kidneys. It is suggested that the former action will bring the agent closer to a state of human flourishing. Article IV argues that virtues like philia, justice, beneficence and generosity — traditionally all seen as other-regarding — contain strong self-regarding aspects. The central claim is that these self-regarding aspects of the other-regarding virtues are necessary components of complete virtue and thus that the fully virtuous agent has to act virtuously both in her dealings with herself and others. Article V applies the ideas that were developed in Article IV to the case of living organ donations to next of kin. It is proposed that such an act, although noble and fine, is supererogatory, rather than obligatory, as the donor is morally entitled to be partial to herself. This argument is made against the backdrop of a discussion on some Aristotelian ideas on philia and partiality. (shrink)

This paper focuses on Meng Zi’s idea of yi as a virtue. In it, I first briefly examine two influential interpretations of yi – the “appropriateness” approach that views yi as a disposition to do what is fitting in a given situation and the shame-centered approach that understands yi as a disposition to avoid what is shameful in the moral life. The first approach is too thin to distinguish yi from acting properly in general and the second reading confines the (...) definitive feeling involved in yi to a too moralized understanding of shame. Moreover, both fail to pay enough attention to the reliance of yi on social norms to receive its content. Through textual analysis, I show that in addition to a sense of shame, respect as an attitude of prioritizing other persons in the way specified by the relevant norms also serves as an important emotional core of yi as a virtue. In the end, I highlight the potential contribution of the Mengzian idea of yi to virtue ethics. The two-faceted structure of yi points to a way to account for rule-related virtues – virtues that have rule-conformity as a component. Equipped with thick descriptions of rule-related virtues, virtue ethics will be in a better position to guide actions. (shrink)