Moral Reasoning 22: Justice

A critical analysis of selected classical and contemporary theories of justice, including discussion of present-day applications. The course examines debates about justice prominent in moral and political philosophy, and invites students to subject their own views on these controversies to critical examination.

Principal readings will be drawn from the following books, which are available for purchase in paperback at the Harvard Coop and the Harvard Bookstore:

• Aristotle, Politics
• Locke, Second Treatise of Government
• Kant, Grounding of the Metaphysics of Morals
• Mill, Utilitarianism
• Rawls, A Theory of Justice

Other assigned readings include excerpts from Jeremy Bentham and contemporary writers such as Nozick, Dworkin, MacIntyre, Sandel, and Walzer. These readings, together with the assigned articles on contemporary issues, are collected in a sourcebook of photocopied materials that can be purchased at the Harvard Coop. All assigned readings are also available on reserve in Lamont Library, and, hopefully, will be on reserve in the Quad Library when it reopens.

Course Requirements

Two papers (6-7 pages each) on topics to be assigned.
Final examination
Class participation (including regular attendance) in weekly discussion sections

Each paper counts for 20 percent of the course grade, and the final exam counts for 35 percent. Section participation (including submission of 2 ungraded response papers of 1-2 pages) counts for 25 percent; contribution to the Justice blog on the course website can also count toward section participation for those who choose to do so, but it is not required.

The head teaching fellow is Drew Schroeder and the assistant head teaching fellow is Bettina Scholz. They will be available to answer questions about the course and sections at regular weekly office hours in the Course Office.

Course Outline

1. Introduction
   Politics and Ethics: Doing the Right Thing
   
   The Queen v. Dudley and Stephens (1884) (The lifeboat case)
2. Utilitarianism
   
   Bentham, Principles of Morals and Legislation, ch. I, IV
   J.S. Mill, Utilitarianism
3. Libertarianism
   
   Friedman, Free to Choose, ch. 5
   Nozick, Anarchy, State, and Utopia, pp. 149-64, 167-78
   Hayek, The Constitution of Liberty, ch. 6
4. Locke: Property Rights
   
   Locke, Second Treatise of Government, ch. 1-5, 7-11, 18-19
5. Markets and Morals:
   Surrogate Motherhood, Military Service, Body Parts
   
   Calabresi and Bobbit, Tragic Choices, pp. 158-65
   McPherson, Battle Cry of Freedom, pp. 600-11
   In the Matter of Baby ‘M’ (1987)
   In the Matter of Baby ‘M’ (1988, N.J. Supreme Court)
   Anderson, "Is Women’s Labor a Commodity?"
   Kimbrell, The Human Body Shop, pp. 24-35
6. Kant: Freedom as Authority
   
   Kant, Grounding for the Metaphysics of Morals
   
   Kant, "Theory and Practice" (excerpt)
   Kant, "Duties Toward the Body in Respect of Sexual Impulse" (excerpt)
7. Rawls: Justice as Fairness
   
   Rawls, A Theory of Justice
   • ch. I (sec. 1-6)
   • ch. II (sec. 11-14, 17)
   • ch. III (sec. 20, 22, 24-5)
   • ch. IV (sec. 40)
8. Distributive Justice: Equality, Entitlement, Merit
   
   Rawls, A Theory of Justice
   • ch. V (sec. 41, 47-8)
   • ch. VII (sec. 68)
   • ch. IX (sec. 79, 84-87)
   
   Nozick, Anarchy, State, and Utopia, pp. 213-31
9. Affirmative Action: Reverse Discrimination?
   
   Bernstein, "Racial Discrimination or Righting Past Wrongs?"
   Hopwood v. State of Texas (1996)
   Grutter v. Bollinger (2003)
   Dworkin, "Bakke’s Case: Are Quotas Unfair?"
   Sandel, Liberalism and the Limits of Justice, pp. 135-47
   Morley, "Double Reverse Discrimination"
   Brus, "Proxy War: Liberals Denounce Racial Profiling. Conservatives Denounce Affirmative Action. What’s the Difference?"
10. Aristotle: Justice and Virtue
    
    Aristotle, The Politics, Bks. I, III (ch. 1-13)
    Aristotle, Nichomachean Ethics, Bks II (ch. 1-3), X (ch. 1-3)
11. Ability, Disability, and Discrimination:
    Cheerleaders and Casey Martin’s Golf Cart
    
    Presley, "A Safety Blitz; Texas Cheerleader Loses Status"
    Ryan, "Sorry, Free Rides Not Right"
    Kite, "Keep the PGA on Foot"
    PGA Tour, Inc. v. Martin (2000)
12. Justice, Community, and Membership
    
    MacIntyre, After Virtue, ch. 15
    Sandel, Liberalism and the Limits of Justice, pp. 1-24, 175-183
    Sandel, "Morality and the Liberal Ideal"
    Walzer, Spheres of Justice, pp. 6-10, 86-91, 312-314
13. Free Speech versus Hate Speech
    Civil Rights Marchers, Nazi Protesters
    
    Downs, Nazis in Skokie, pp. 1-15
    Collin v. Smith (1978)
    Oates, Let the Trumpet Sound, pp. 347-364
    Williams v. Wallace (1965)
14. Liberalism: Political or Philosophical?
    
    Rawls, Political Liberalism, pp. 3-15, 29-35, 144-58
    Sandel, "Political Liberalism"
15. Moral Argument and Liberal Toleration:
    Same-Sex Marriage, For and Against
    
    Kinsley, "Abolish Marriage"
    Finnis, "Law, Morality, and ‘Sexual Orientation’"
    Macedo, "Homosexuality and the Conservative Mind"
    West, "Universalism, Liberal Theory, and the Problem of Gay Marriage"
    Goodridge v. Dept. of Public Health (2003)
16. Conclusion
    Justice and the Good Life