Justice stands in an awkward relationship with utility. The general practice of justice conduces to human welfare, probably more than anything else. The old tag sums up justice as 'honeste vivere, neminem laedere, suum cuique tribuere' … Yet, justice seems also to conflict with utility and even with the general welfare, let alone the welfare of particular people.
British philosopher
Alan James Ryan FBA (born 9 May 1940) is a British philosopher. He was Professor of Politics at the University of Oxford. He was also Warden of New College, Oxford from 1996 to 2009. He retired as Professor Emeritus in September 2015 and lives in Summertown, Oxford.
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Cicero’s style is a key to the success of De officiis, and not just the literary style, but the political and intellectual style. Regulus aside, the demands of duty generally stretch only as far as the well-educated, well-to-do man is likely to follow. Thus, he insists, in a famous metaphor that Machiavelli later stood on its head, that courage is necessary but the courage of a human being is not the ferocity of the lion, just as wisdom is necessary but the intelligence of the human being is not the cunning of the fox.
Aristotle’s perspective is not ours. Modern political discussion is imbued with a concern for individual human rights; we look to institutions to hold accountable those who wield power over their fellows, so that the rights of individuals are respected. Aristotle does not. Because he sees the world in teleological terms, he asks—as Plato did—how we can ensure that the state functions as it should. The excellence of the citizenry and the excellence of the constitution are understood in that light. Hence, of course, Aristotle’s focus on the collective intelligence and collective good sense of collectives; if “the many” are not to be trusted, it remains true that many heads are better than one.
Together with the histories of Polybius and Livy, Cicero’s polemical speeches and writings, and his personal correspondence, form some of the most important historical resources for understanding the Roman legal and political system. Here we focus only on his political theory narrowly construed, part of his program to adapt Greek philosophy to Roman social and political purposes, bypassing even the extended defense of the role of oratory in political life that became something like a handbook for the study of rhetoric.
Aristotle’s enthusiasm for the preservation of social distinction and his emphasis on the social position of the “high-souled” man remind us that even in his favored politeia, with as many respectable and steady men of the middle class admitted to political participation as is possible, Aristotle hankered after the rule of true, that is, natural aristocrats. If that attitude is not unknown two and a half millennia later, his unconcern with those left out of this vision of the world—women, ordinary working people, foreigners, slaves—is happily rather less common. But we shall not see much sympathy for ordinary lives and ordinary happiness for many centuries yet, certainly not in the work of Cicero.
This is appropriate. Justice is the most 'political' or institutional of the virtues. The legitimacy of a state rests upon its claim to do justice. … Doing justice is not the primary purpose of the family, the classroom, the small business, even though a father, teacher, or employer ought to behave justly towards children, pupils, or employees when rearing them, teaching them, . and employing them.
I am uncomfortable with the thought that serious thinkers about politics may retire into the ivory tower and write difficult—if often very interesting—essays and books for their colleagues alone, leaving debates over the prospects of modern political life to the punditry of contributors to the op-ed pages, or the shouting matches that pass for political debate on some television channels.
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Justice is closely connected to respect for rights. Modern writers discuss both subjects together with no suggestion that one might discuss one with the other. It was not always so. Greek political theory and Roman Law had sophisticated ideas about justice in its various aspects, but did not embrace our conception of individual rights. This may seem counter-intuitive. How could a society recognize someone as the owner of a piece of property without acknowledging an individual right? How does legitimate one-man rule, monarchy, differ from its illegitimate parody, tyranny, unless the lawful king has a right to the authority he exercises that the tyrant does not?
The answer is that property and authority were defined by law rather than our notion of individual rights. To own property was to be the person to whom the law accorded the privileges and immunities that locally defined ownership. To be a legitimate ruler was to be the person the law designated to rule. It is a commonplace that ancient notions of law accorded far more power over property to the family and other groups than modern notions of private property do. Even under the Roman Law, where ownership had an 'absolute' and sovereign character, property was not understood in the modern way; when the law told the judge to give a man his ius, this primarily meant that he should be treated as the law required. The 'subjective' understanding of rights, whereby the right-holder may stand on his rights or not as he chooses, was not a Roman notion.
The very idea of a Christian political theology is problematic. If human beings are only transitorily on earth, and earth is but a vale of tears through which we must pass on our way to paradise, earthly politics loses almost all value. Life in the polis cannot be the good life for man, since fulfillment lies in the hereafter; here below, we must prepare for eternity. Earthly happiness for rational persons consists in whatever confidence they may entertain about the life hereafter. This “abstentionist” vision is in some ways at odds with the involvement of Christ in the everyday life of the community in which he spent his short life.
Plato was accused by some of his twentieth-century critics of racism, totalitarianism, fascism, and other political crimes with a very contemporary flavor. These accusations are too anachronistic to be taken seriously; whatever explains Hitler and Mussolini, it is not the dialogues of Plato. The more plausible complaint is that Plato does not take seriously the inescapability of politics in some form. Plato’s metaphysics is fascinating; so is his conviction that the just man does better than the unjust man, no matter what earthly fate befalls him. His political thinking often amounts to an injunction to abolish the conflicts that politics exists to resolve and fantasies about how it might be done.
I say cowardice, because the standards which is Isaiah Berlin himself has set for anyone who undertakes such an enterprise are dauntingly high. His ability to catch the allegiances and the emotional tone of the authors he has written about, as well as his ability to meet the commentator's first duty to the subtleties of their thought, has always meant that their per sonalities and ideas alike have remained in tact and alive.
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