Justice, by Michael J. Sandel

Michael J. Sandel is a professor at Harvard University who has been teaching a course called Justice for many years. In it, Professor Sandel talks about the different approaches to morality and justice, from Aristotle to Rawls, Kant and Mills. And some years ago he condensed the course in a book called “Justice: What’s the Right Thing to Do?“.

The book is a great read to understand the views of different moral philosophers on how justice should be organised. This is not an in-depth review of the different schools of thought, but more of an overview of them. I would maybe describe it as an in-depth introduction to moral philosophy applied to justice. It left me wanting to know more about certain philosophers, and I found that he puts more effort in challenging some ideas than others, but I learned a whole lot and it has made me rethink some of my convictions.

I am not going to write a long review because I would feel I am leaving too much out. Suffice to say that he talks about utilitarism, libertarism, Kant, Rawls, and Aristotle, and how their approaches informed morality and U.S. Supreme Court decisions. He talks about affirmative action, patriotism, abortion… The natural blend between philosophy and legal matters is what makes this book outstanding.

Take, for instance, the idea of Aristotle that one needs to define the telos, or the purpose, before understanding whether something is right or wrong. And take the case of Casey Martin, a professional golfer that had serious problems to walk. As a result, he asked for permission to use a golf cart during the tournaments, a request that was denied on the basis that the rules do not allow it. He took the case to court and referred to the Disability Act of 1990, which required reasonable accommodations for people with disabilities, provided the change did not fundamentally alter the nature of the activity.

So the case was about the telos, or nature, of golf. Does the nature of golf include walking from hole to hole, as some golfers testifying against Casey argued? The Court finally ruled in favour of Casey arguing that the nature of golf is shot-making, and adding that the effort of walking during the 18 holes is “nutritionally less than a Big Mac”.

But Justice Scalia disagreed. His point was not that the telos of golf included walking—it was that there is no such thing as an objective telos of games (other than amusement) and hence there is no basis to critically assess their arbitrary rules. In other words, if the PGA claimed that cars cannot be used, then this is it since any rule governing games is arbitrary and not part of their telos.

It’s this applied way of discussing philosophical ideas that sets this book apart. A highly recommended read.

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