Analysis of Rawls Theory of Justice with Kantian Ethics Comparative Essay

Based upon the two readings, you are to conduct a comparative analysis of Rawls’ Theory of Justice with Kantian Ethics. How are they similar?  How are they different? Using both theories, is justice being served to all people in today’s United States, or does injustice still abound? Select a specific topic, example, or issue to explain your rationale. Please cite at least one additional source on this topic your analysis to support your interpretation of justice or injustice.

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Kantean Ethics
Onora O’Neill, “A Simplified Account”
Deontological Ethics
•
Consequentialism: only consequence of actions are relevant to moral
evaluation (e.g. Utilitarianism)
•
Deontological Ethics: the nature of the act itself, regardless of the
consequences, is only of relevance
•
Objective (today): consider Kant’s Deontological Theory
Motivations for Deontology
•
Morality without God
•
Alleged problems with Consequentialism
 Not precise: difficult to predict long-term consequences of an action
 Too demanding: asks to much of us to help the world
•
Deontology is an intuitive view: recall reactions to Trolley Problem
Immanuel Kant (1724-1804)
•
Influential German philosopher in ethics
and metaphysics, epistemology
•
A central figure of the Enlightenment Period
•
Critique of Pure Reason –metaphysical and
epistemological work
•
Metaphysics of Moral – ethical work
Onora O’Neill (1941-)
•
British political philosopher and public servant
•
Studied with John Rawls at Harvard University
•
A Public advocate for Deontological Ethics
Formula of the End in Itself
•
Act in such a way that you always treat humanity, whether in your own
person or in the person of any other, never simply as a (mere) means but
… as an end in themselves.
•
Each of our acts reflects one or more maxims
 The maxim of the act is the principle on which one sees oneself as acting
 A maxim expresses a person’s policy, or the particular intention or decision
•
Example:
 Intention: “This year I’ll give 10 percent of my income to famine relief”
 Maxim: I want to give some of my income for famine relief.
Treating someone as a Mere Means
•
There is nothing wrong in using someone as a means to an end
 E.g. using a cashier; cashier using you; This is permitted because both parties consent
•
But, we should never use someone as a mere means (tool)
 To use someone as a mere means is to involve them in a scheme of action to which they
could not in principle consent.
•
Example: Deception
 one person may make a promise to another with every intention of breaking it
 Since the person who is deceived doesn’t know the real maxim, he or she can’t in principle
consent to his or her part in the proposed scheme of action. The person who is deceived is
a prop or a tool-a mere means-in the false promisor’s scheme.
•
Example: Coercion
 If a moneylender in a poor village threatens not to renew a vital loan unless he is given
the debtor’s land, then he uses the debtor as a mere means. He coerces the debtor, who
cannot truly consent to this “offer he can’t refuse.”
 creditor’s intention is to coerce; and the debtor cannot consent to his part in the scheme
Treating People as Ends in
Themselves
•
One should also seek to foster some of others’ plans and maxims by sharing
some of their ends. To act beneficently is to seek others’ happiness, therefore
to intend to achieve some of the things that those others aim at with their
maxims.
Two Kinds of Duties
•
Duties of Justice requires that we act on no maxims that use others as
mere means.
•
Duties of Beneficence requires that we act on some maxims that foster
others’ ends, though it is a matter for judgment and discretion which of their
ends we foster.
Objection 1: The Inquiring Murderer
•
Objection:
 Suppose a distraught screaming stranger runs through your doorway and into your
house, disappearing upstairs. A couple of minutes latter a known fugitive and
convict knocks on your door with a gun in his hand. He asks if you have seen a
person, matching the description of the stranger.
 On Kant’s view, Lying to the murderer would treat him as a mere means to another
end, the lie denies the rationality of another person, and therefore denies the
possibility of there being free rational action at all.
 But, this is morally wrong: we shouldn’t tell the murderer who is upstairs.
•
Reply:
 “not lying” is not the same as “telling the truth”. Clearly, one is under no positive
obligation to assist a murderer by telling him the truth. Saying nothing is not the
same as lying. So, one may refuse to answer, or even choose to challenge the
murderer, without trying to deceive him.
 Is this an adequate response?
Objection 2: Disaster Scenarios
•
Suppose you are in a situation where you are asked to kill one person to save
19. If you do not do as you are told, all 20 will be killed by someone else.
•
What should you do? Kant claims that you should never kill a person, doing
so is a violation. And if you do it, you will have done something wrong!
Charity
•
Kantian theory forbids us from using people as a mere means (Justice)
•
But there is only a requirement for us to be beneficent some of the time and
money to help others (Beneficence)
•
Questions
 How much should we give to others?
 Are there no special obligations to help those during famine?
 Is any kind of charity equally good?
Famine Relief: Prohibitions
•
O’Neill thinks that not using people as means would go a long way during
famines
1.
where there is a rationing scheme, one ought not to cheat
2.
transactions that are outwardly sales can be coercive when the consumer
is desperate (E.g. selling water for high prices to those in dire need)
Priority of Famine Relief

Primary task of beneficence should be developing others’ capacity to
pursue their own ends – in particular, in parts of the world where extreme
poverty and hunger leave people unable to pursue any of their other ends

Why? Benevolence directed at putting people in a position to pursue
whatever ends they may have has a stronger claim on us than beneficence
directed at sharing ends with those who are already in a position to pursue
varieties of ends

it is more important to make people able to plan their own lives to a
minimal extent

Reason to help education [development of reason faculty]
Kant / Singer Comparison
•
Scope
 Kant: limited scope; does not classify every act as right or wrong
 Singer: unlimited scope; classifies every act as right or wrong
•
Wealth
 Kant: Nothing hangs on how much you have
 Singer: You will have to give more if you have more (say 20% of income)
•
Amount
 Kant: have to give some of the time, but not generally required to give
 Singer: comparison of alternative – always have an obligation to give to others
(comparative moral importance)
•
Pond Scenario:
 Singer: you should save the child
 Kant: you don’t have an obligation to save the child; you did nothing wrong by not doing
anything
Who is Worthy of Moral
Consideration
•
Kant:
 Only rational creatures can offer consent
 Only rational persons are worthy of moral consideration
 How could Kant’s say that we shouldn’t harm animals or the severely handicapped?
•
Bentham/Mill
 Calculate the happiness i.e. pleasure and pain of all involved
 All creatures that experience pleasure and pain are worthy of moral consideration
 Is this true?
Deontology and
Famine Relief
Onora O’Neill, “The Moral Perplexities of Famine Relief”
Epistemological Objection to Utilitarianism
•
An objection to both Bentham and Mill is that it is difficult to know what
the long term consequences are going to be, and so it is difficult to make a
decision on utilitarian grounds.
•
Reply (Bentham/Mill):
 We have plenty of evidence to make decisions including evidence and personal
experiences from our own life, and evidence from the past.
 The cases from history can be analogous to count as evidence. Example: Should
we engage in a War in Iraq? Look at past evidence – track record of US military
engagements, track record of other countries involved in military action in Iraq,
etc.
 We don’t need absolute certainty, but evidence that suggests at least what is
probably going to happen, and for this Bentham and Mill think past evidence is
good enough to make a reasonable decision.
Overview
•
Rejects Utilitarianism
•
Individual has a dignity
 Not because we own ourselves
 Not because we seek pleasure
 Because we are all rational beings – capable of acting rationally on any given
occasion
 For Kant, rationality is central to an important kind of freedom
Personhood, Rationality and
Freedom
•A
person has a dignity
 Not because we own ourselves nor because we seek pleasure
 Because we are all rational beings – capable of acting rationally on any given
occasion
 Kant rejects – that what is central to morality is pleasure/pain
• What
are persons? Things capable of acting freely.

Freedom = having alternatives (common-sense freedom)

Kant: Strong View of Human Freedom
 When act to satisfy desires for pain/pleasure, we are slaves to pain/pleasure; this
is not freedom
 Velleman – sleeping in, when should be swimming
 Free = To act autonomously (freely) is to act in accordance to a law (rule) I choose
myself
Opposite of Free; Heteronomy = acting on a desire (inclination) that I haven’t chosen
myself
Freedom

Freedom = having alternatives (common-sense freedom)

Strong View of Human Freedom (Kant)
 When act to satisfy desires for pain/pleasure, we are slaves to pain/pleasure; This
is not freedom
 Free = To act autonomously (freely) is to act in accordance to a law (rule) I choose
myself
Opposite of Free; Heteronomy = acting on a desire (inclination) that I haven’t chosen
myself

•
When we act to realize ends of our inclination, we are mere instruments for our desires, and so not
acting freely
When we act freely i.e. when we act in accordance with a rule which we have
chosen
 We start to be authors of our actions (not of our desires)
 We do something for its own sake
 We become ends in ourselves – not as tools for something else
•
Acting freely gives people dignity, makes them worthy of respect
•
This is why it is wrong to use people for the sake of other peoples happiness
Absolute Value
•
Utilitarianism: Absolute Value
 Only one thing has absolute value: pleasure
 Everything else is done for the sake of pleasure
•
Kant: Only a “Good Will” has absolute Value
 Values: Talent, Intelligence, Pleasant Sensation are valuable but not of absolute
value
Moral Worth
•
What gives an action its moral worth?
•
What makes an action morally worthy has to do with the motives, quality of
will, or intention – the reason why an action is performed
•
A good will must be done for the sake of moral law and this confers moral
worth on an action
•
The only good motive is doing something for the sake of duty – done because
its right thing to do
Illustration: Shop Keeper
•
A shop-keeper who charges the same prices for selling his goods to inexperienced
customers as for selling them to anyone else. This is in accord with duty.
•
An added complication: But there is also a prudential and not-duty-based motive
that the shop-keeper might have for this course of conduct: when there is a buyers’
market, he may sell as cheaply to children as to others so as not to lose customers.
Thus the customer is honestly served, but his conduct or policy on pricing comes
neither from duty nor from directly wanting it, but from a selfish purpose. So, it is
wrong.
•
The shop-keeper does want to treat all his customers equitably; his intention is aimed
at precisely that fact. But the shop-keeper’s intention doesn’t stop there, so to speak;
he wants to treat his customers equitably not because of what he wants for them, but
because of how he wants them to behave later, specifically, so that his person interest
is served.
•
E.g. A Corporation giving to charity – it’s a good thing but the motive is
about profitability: increases reputation, which is marketable, which is in
the end about increasing profit.
Principles and Rationality
•
Kant distinguishes two kinds of principles: subjective, objective
 Subjective (maxims): principle you act on, you set out for yourself
 Objective (imperatives): principles which you ought to be following i.e.
principles are the principles a rational person follow
•
Kant distinguishes two kinds of rationality
 Hypothetical (conditional): if you want X, you should do Y
 E.g. if you want your car to run efficiently, always change your oil every 3000
miles
 E.g. if you want to avoid a fine then pay your parking ticket
 Categorical (unconditional): you should do Y, no matter what you
want
•
Morality is based on Categorical Reasoning Only
Supreme Principle of Morality:
Categorical Imperative
•
“so if the will is to be called absolutely good without qualification; what kind
of law can this be? Since I have robbed the will of any impulses that could
come to it from obeying any law, nothing remains to serve as a ·guiding·
principle of the will except conduct’s universally conforming to law as such.”
•
That is, I ought never to act in such a way that I couldn’t also will
that the maxim on which I act should be a universal law.
3 Formulations of the Categorical
Imperative
•
Kant presents CI in several different formulations; he says that they
condone and forbid the same moral actions, but one may be easier to apply
in specific cases.
•
CI 1: Act as if the maxim of your action were to become through your will a
universal law of nature
•
CI 2: Never treat others as tools, rather only as ends in themselves
•
CI 3: Acting on universal laws which make the kingdom of ends (a state
where all individuals act rationally on universal laws) possible.
1st Formulation
•
•
‘Act as if the maxim of your action were to become through your will a
universal law of nature’.
A law of nature specifies an absolute regularity.
 E.g. the law that pure water boils under normal atmospheric
conditions at 100 degrees centigrade is a law of nature: pure water
always boils under these conditions.
•
Laws of nature would be laws
 (a) applying to everyone and (b) which everyone always follows.
•
To imagine the maxim of my proposed action as a universal
law of nature, I imagine that everyone always does the kind of
act I propose doing when they are in the circumstances I am in
Test for CI
•
1. Formulate maxim: whenever I need money, I will get it by making a false
promise to repay it
•
2. The universal law corresponding to the maxim is: whenever anyone needs
money, he or she will get it by making a false promise to repay it
•
3. Test in one of two ways:
 1. Can I conceive that the maxim becomes a universal law?
 2. Even if I can conceive of its becoming a universal law of nature,
can I will that it become a universal law of nature?
Perfect Duties
To Self
Imperfect Duties
Never commit suicide Develop some of one’s talents
To Others Never make deceitful
promise
To help some others in
distress
Case: Suicide
•
Is suicide permitted for a depressed person if he or she reasons as follows?
•
a) To stay alive would be far less good for me than bad
•
b) I love myself
•
c) Because I love myself I do not want to see myself suffer.
•
d) Therefore, I ought to commit suicide to end my suffering.
Suicide: 1st Formulation

Maxim: I want to commit suicide to improve my condition (i.e.
to help me stop suffering)

Generalize Maxim: Suppose everyone acted on the maxims
that committing suicide to improve the condition

Test 1: Is it conceivable that the generalized maxim become a
universal law of nature?
 Kant thinks it is contradictory to commit suicide out of
self-love. It is contradictory because self-love is the very
thing which motivates us to improve our lives, and
ending our life is not an improvement

Because the Maxim fails thee conceivability test, we have a
perfect duty not to commit suicide out of self-love
Deceitful Promise: 1st Formulation
•
Maxim: I want to borrow money and pretend that I will pay it back
•
Generalize Maxim: Suppose everyone acted on the maxims that borrowing
money with no intention to pay the money back
•
Test 1: Is it conceivable that the generalized maxim become a universal law
of nature?
 Kant thinks it is not possible; promises simply would not exist if no
one fulfilled their promises.
•
Because the maxim fails the conceivability test (test 1), we have a perfect
duty not to make deceitful promises
Imperfect duties
•
“‘Can I will that my maxim be a universal law of nature?’ In other words,
all things considered, do I really desire my maxim to become a universal law
of nature?’ or ‘Could I, in every situation, accept this maxim as law?’ “
•
An imperfect duty is one which:
 1) is conceivable as a universal law
 2) a rational agent cannot will that it become a universal law of nature
Wasting Your Talents
•
What if one is financially independent and is also exceptionally talented?
What then does she owe, if anything to her talent? Is it okay for her “to
indulge in pleasure rather than to take pains in enlarging and improving
her happy natural capacities?”
•
Kant notes that it is possible for people – even an entire culture – to neglect
their talents in fact, to devote their lives to idle amusement. But the moral
question is, is it proper?
Wasting Your Talent
•
Again we can run through the 1st Formulation
•
Maxim: I will avoid exercising my own talents for idle amusement
•
Generalize Maxim: Everyone avoids exercising their own talents for idle
amusement
•
Test 1: Is it conceivable? Yes, it is possible that everyone avoids developing
their own talents
•
Test 2: No. It is not something a rational person would will to become a
universal law
 He cannot will that we ought to neglect our talents since it is by means of our
talents that we develop and improve our lives, and this is what a rational being
aims for.
 That is, a rational being will necessarily will that his abilities be developed since
they are useful to him, and serve any number of purposes. Accordingly, he cannot
at the same time will that they be neglected without contradicting himself.
Treatment of Animals
•
Only rational persons are worthy of moral consideration. So, in the
generalization step of the First Test, we generalize over rational human
beings. But, what about animals, or the severely handicapped?
•
Kant said that we have a duty not to harm animals because we have a duty
to develop ourselves, and that entails being compassionate towards others
Objection 1: The Inquiring Murderer
•
Suppose a distraught screaming stranger runs through your doorway and
into your house disappearing upstairs. A couple of minutes latter a known
fugitive and convict knocks on your door with a gun in his hand. He asks if
you have seen a person, matching the description of the stranger.
•
Lying to the murderer would treat him as a mere means to another end, the
lie denies the rationality of another person, and therefore denies the
possibility of there being free rational action at all.
•
It is important to note here that “not lying” is not the same as “telling the
truth”. Clearly, one is under no positive obligation to assist a murderer by
telling him the truth. Saying nothing is not the same as lying. So, one may
refuse to answer, or even choose to challenge the murderer, without trying
to deceive him.
•
Is this an adequate response?
Objection 2: Moral Dilemmas
•
Suppose you are in a situation where you are asked to kill one person to save
19. If you do not do as you are told, all 20 will be killed by someone else.
•
What should you do? Kant claims that you should never kill a person, doing
so violates the Categorical imperative. And if you do it, you will have done
something wrong!
2nd Formulation of the Categorical
Imperative
•
“Act in such as way that you always treat humanity … never simply as a
means but always … as an end”
•
We are permitted to use persons as means as long as they consent explicitly
or implicitly
Duties of Justice

Never use people as mere means i.e. involve them in a scheme of
action to which they could not in principle consent
◦ deception making a false promise with every intention of breaking it – using a
person as means to an end i.e. they cannot consent to the false promise, because if
they knew of the true intentions they wouldn’t accept the promise – a promise
would not be made
◦ coercion: A rich person threatens a debtor with bankruptcy unless he or she joins
in some scheme – the creditor’s intention is to coerce; and the debtor, if coerced,
cannot consent to his or her part in the creditor’s scheme
Duties of Beneficence

Even if we don’t treat others as means to an end, we can fail to treat them
as ends in themselves

Beneficence requires that we act on some maxims that foster another’s
ends, though it is a matter of judgment which of their ends we foster
Problems?
•
Kantian theory forbids us from using people as a mere means (Justice)
•
But there is only a requirement for us to be beneficent some of the time
(Beneficence)
•
Two Problems:
 How much should we give to others?
 Are there no special obligations to help those during famine? Is any kind of charity
equally good?
Famine Relief: Prohibitions

O’Neill thinks that not using people as means would go a long way during
famines
1.
where there is a rationing scheme, one ought not to cheat
2.
transactions that are outwardly sales can be coercive when the consumer
is desperate (E.g. selling water for high prices to those in dire need)
3.
duties towards dependents (as much as possible)
Priority of Famine Relief

Primary task of beneficence should be developing others’ capacity to
pursue their own ends – in particular, in parts of the world where extreme
poverty and hunger leave people unable to pursue any of their other ends

Why? Benevolence directed at putting people in a position to pursue
whatever ends they may have has a stronger claim on us than beneficence
directed at sharing ends with those who are already in a position to pursue
varieties of ends

it is more important to make people able to plan their own lives to a
minimal extent

Reason to help education [development of reason faculty]
Objection
•
How much?
•
If a lot then it that seems to be too much
•
If very little then it seems apathetic
• Kant:
limited scope – does not specify whether every act you do is right/wrong
• Singer:
• Kant:
unlimited scope – specified whether every action is right/wrong
Nothing hangs on how much you have
Singer: You will have to give more if you have more (say 20% of income)
• Kant:
have to give some of the time, but not generally required to give
Singer: comparison of alternative – always have an obligation to give to
others (comparative moral importance)
• Singer:
Pond – you should save the child
Kant: it looks like we do not have a obligation to save the child from
drowning, though sometimes we do
Moral Worth
•
First Proposition of Morality: For an action to have genuine
moral worth it must be done from duty
 For Kant, a person of moral worth does the right thing,
and does so in spite of the influence of desire and appetite
which may lead her to do the wrong thing.
 Moral worth is the most important attribute which a
person can have.
 Moral worth is more important talent, intelligent,
courage, vor they may become bad and mischievous if the
will which is to make use of them is not good.
Objections

Objection: is acting in for duty contrarry to human freedom –
fulfiling desire to be moral
 Isn’t motive to be moral – to be a good person a selfish motive? There
is an inceptive, but Kant speaks of reverence for the moralitty = not
selfish gain

Objection: is morality subjective? If everyone picks a law to
follows – does that mea n moral rlaws are subjective – no . What
guranteess that we have . Kant thinks there is only one law – the
reason that we have same law is a practical reason that we share
as human beings – we are all rational beings – and we all have to
reason regardless of any contingent ends of any particular person
– what is the content of such laws – see tests.
Principles and Rationality
•
What is the basis of the Categorical Imperative? Answer:
rationality
•
Different kinds of Principles: subjective, objective
•
subjective (maxims): principle you act on, you set out for yourself
•
objective (imperatives): principles which you ought to be following
i.e. principlses are the principles a rational person follow
 Hypothetical (conditional): if you wanted x, you should do Y [means to
an end
 imperatives of skill (problematic / technical)
 imperatives of prudence (assertorical)
 Some ends we all want: e.g. happiness, health, etc
 Examples:
 if you want your car to run efficiently, always change your oil every
3000 miles
 Categorical (unconditional): you should do Y, no matter what you
want
•
Morality is based on Categorical Reasoning Only
Kantian Ethics
•
Main idea 1: An action is morally permissible only if it would be
permissible for others to do the same act
•
Main idea 2: It is forbidden to ‘use’ people.
•
Important property of CI
 It universally applies to all rational people
 Persons capable of free choice
Supreme Principle of Morality:
Categorical Imperative
•
“so if the will is to be called absolutely good without qualification;
what kind of law can this be? Since I have robbed the will of any
impulses that could come to it from obeying any law, nothing
remains to serve as a ·guiding· principle of the will except
conduct’s universally conforming to law as such.”
•
That is, I ought never to act in such a way that I couldn’t
also will that the maxim on which I act should be a
universal law.