Morality, Justice, and Social Contracts
When is an Action Moral?
Previous critical reflection on the scope and consequences of an action determines its morality. Consider whether the behavior will lead to the desired end and what consequences could result from a desire for universality. Every person should do good, given the same circumstances, as under the moral law.
Freedom is a condition of moral action: a free person, unlike a slave, is master of their actions and accountable, able to make decisions and take actions without external impositions. There are two senses of liberty: negative (absence of limitation) and positive (ability to choose).
Ethical indeterminism argues that we are free to choose when and how to act. This applies to both the physical (bodily) and rational (mental) aspects. Kant argued that in the physical world there is no freedom. Conscience governs our behavior from the moral perspective and tells us if our actions are right or wrong, good or bad. We must distinguish between what a person does and what they want to do. Cutting a leg to torture a person is not the same as cutting a leg to prevent gangrene and save a life. Only the human will can be classified as good or bad, not specific acts.
Sartre claims that human existence is concrete existence. Human beings are free and conscious of their place in the world. Basic points include:
- Radical atheism: absolute denial of the existence of God.
- Responsibility: our actions affect all people.
- Action: human beings can only be recognized in their actions.
- Authenticity: free choice.
John Rawls: Justice as Fairness
Justice involves not only the ability to distribute legal rights and duties but everything that arises as a result of social cooperation: social opportunities, education, health, wealth, etc. These are chosen according to the following criteria:
- They must be public and universally applicable.
- They should be impartial and disinterested.
- They should be able to be applied in society.
The veil of ignorance is a hypothetical situation that would make all people decide freely and with absolute equality, as if for a moment we were free of envy, vanity, greed, and differences of status, race, and religion that separate people.
Principles of Justice
- Principle of equal liberty or citizenship: every individual should have the same right to the most extensive total system of equal basic liberty compatible with a similar system of liberty for all.
- Principle of equity: directed towards the greater benefit of the less advantaged.
- Principle of difference: related charges and positions open to all under conditions that are fair and enable real equality of opportunity.
Contract Theories
Contract theories use a hypothetical contract model to explain the origin and legitimacy of political power and the state. It is established from a supposed state of nature, where free and autonomous individuals come to an agreement to organize a society. In a society agreement, members of the assembly decide the functions and powers of the ruler. The contract is presented as hypothetical. The function of these theories is not to tell the source of the state and power, but to justify a particular type of political organization.
Political Doctrines
Political doctrines are found in the following starting points:
- Affirmation of the autonomy of the individual.
- Criticizing the theocratic conception of power that prevailed in Europe during the Middle Ages.
- Establishment of rights dependent on rational human activity.
John Locke: The Liberal Contract
Locke believed that human beings in a state of nature are free and absolute masters of their lives and property. A natural law obliges all humans to respect the life, health, and property of others. The existence of individuals who violate this law and the absolute freedom of human beings requires the establishment of a contract between individuals to ensure compliance. In that contract, conditions are agreed to govern the union between individuals: civil society. The characteristics and obligations of the state are laid down. Locke argues that state power is not absolute; rulers are also obliged to respect the laws. He advocates a separation of powers between the legislative and executive branches.
Legislative
Function: pass laws.
Executive
Must respect and ensure the correct execution of the laws enacted by the legislature.
Rousseau
Rousseau believed that human beings in a state of nature live a placid and simple life. They possess abundant goods and live with other individuals in harmony. The union that promotes private property leads to clashes between individuals. To end this unfair situation and defend the common good, such as justice, Rousseau proposes the establishment of a contract agreement called society. The contract will reside in a general will, which defends the interest of the community above any particular interest. The Rousseau social contract involves no waiver because the individual has no prior claim to the institution of society. The laws enacted are fair, universal, and inalienable rights. Democracy embodies the most suitable system of government to achieve the objectives of the social contract.