Human Functioning and Social Justice: In Defense of Aristotelian Essentialism
Abstract
It will be seen how in place of the wealth and poverty of political economy come the rich human being and rich human need. The rich human being is simultaneously the human being in need of totality of human life-activities — the man in whom his own realization exists as an inner necessity, as need.
Marx, Economic and
Philosophical Manuscripts of 1844
Svetaketu abstained from food for fifteen days. Then he came to his father and said, `What shall I say?' The father said: `Repeat the Rik, Yagus, and Saman verses.' He replied, `They do not occur to me, Sir.' The father said to him... `Go and eat! Then wilt thou understand me.' Then Svetaketu ate, and afterwards approached his father. And whatever his father asked him, he knew it all by heart.... After that, he understood what his father meant when he said: `Mind, my son, comes from food, breath from water, speech from fire.' He understood what he said, yea, he understood it.
Chandogya-Upanishad, VI Prapathaka, 7 Kanda
When you love a man you want him to live and when you hate him you want him to die. If, having wanted him to live, you then want him to die, this is a misguided judgment. `If you did not do so for the sake of riches, you must have done so for the sake of novelty.'
Confucius, Analects, Book 12. 10
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1.
1. The argument of this essay is closely related to that of several others, to which I shall refer frequently in what follows: “Nature, Function, and Capability,”Oxford Studies in Ancient Philosophy, suppl. vol. 1 (1988): 145-84 (hereafter NFC); “Non-Relative Virtues: An Aristotelian Approach,”Midwest Studies in Philosophy 13 (1988): 32-53, and, in an expanded version, in The Quality of Life, edited by M. Nussbaum and A. Sen (Oxford: Clarendon, 1992) (hereafter NRV); “Aristotelian Social Democracy,” in Liberalism and the Good, edited by R. B. Douglass et al. (New York: Routledge, 1990) 203-52 (hereafter ASD); “Aristotle on Human Nature and the Foundations of Ethics,” forthcoming in a volume on the philosophy of Bernard Williams, edited by R. Harrison and J. Altham (Cambridge: Cambridge University Press, 1992) (hereafter HN); “Human Capabilities, Female Human Beings,” in Human Capabilities: Women, Men, and Equality, edited by M. Nussbaum and J. Glover (Oxford: Clarendon, forthcoming) (hereafter HC).
2.
2. For relevant publications of the United Nations University/World Institute for Development Economics Research (WIDER), see Nussbaum and Sen, eds., The Quality of Life, and Nussbaum and Glover, eds., Human Capabilities.
3.
3. Much of the material described in the examples is now published in Dominating Knowledge: Development, Culture, and Resistance, edited by Frédérique Apffel Marglin and Stephen A. Marglin (Oxford: Clarendon, 1990). The issue of “embeddedness” and menstruation taboos is discussed in S. A. Marglin, “Losing Touch: The Culture Conditions of Worker Accommodation and Resistance,” 217-82, and related general issues are developed in S. A. Marglin, “Toward the Decolonization of the Mind,” 1-28. On Sittala Devi, see F. A. Marglin, “Smallpox in Two Systems of Knowledge,” 102-44; and for related arguments, see Ashis Nandy and Shiv Visvanathan, “Modern Medicine and Its Non-Modern Critics,” 144-84.
4.
4. The proceedings of this conference are published as Nussbaum and Sen, The Quality of Life.
5.
5. This point is now made in S. A. Marglin, “Toward the Decolonization”; his reference is to Takeo Doi, The Anatomy of Dependence (Tokyo: Kedansho, 1971).
6.
6. Because of such pervasive assumptions, in general I have not used the vocabulary of “essentialism” in describing my own (historically embedded and historically sensitive) account of the central human functions. I do so here, somewhat polemically, in order to reclaim the word for reasoned debate, and I assume that the reader will look closely at my account of what the “essentialism” I recommend, in fact, entails. For further comments on this, see HN, ASC, and HC.
7.
7. It is important to note at the outset that my account of an Aristotelian position is very different from other accounts of Aristotle that are well known in current political thought — in particular, both from the Aristotle that is criticized in Bernard Williams's Ethics and the Limits of Philosophy (Cambridge, MA: Harvard University Press, 1985), and from the Aristotle of Alasdair MacIntyre's Whose Justice? Which Rationality? (Notre Dame, IN: University of Notre Dame Press, 1988). I discuss William's Aristotle in HN, MacIntyre's in a review in The New York Review of Books, December 7, 1989.
8.
8. Much the same has been true of at least some of the opponents of relativist “antiessentialism,” who speak of relativism as the source of all modern evil, without saying how they themselves would answer relativist arguments. See, for example, my criticisms of Allan Bloom's The Closing of the American Mind (New York: Simon & Schuster, 1987) in “Undemocratic Vistas,”The New York Review of Books, November 5, 1987.
9.
9. Jacques Derrida, Of Grammatology, translated by G. C. Spivak (Baltimore: Johns Hopkins University Press, 1977).
10.
10. For my account of Aristotle's position, see The Fragility of Goodness: Luck and Ethics in Greek Tragedy and Philosophy (Cambridge: Cambridge University Press, 1986), chap. 8. Related debates in Indian philosophy are given a most illuminating discussion in B. K. Matilal, Perception (Oxford: Clarendon, 1985).
11.
11. In two areas above all, the argument familiar in the literature of deconstruction have gaps: they do not confront debates within the philosophy of science — for example, concerning the interpretation of quantum mechanics — that have great importance for the realism question, and they rarely confront in a detailed way the issues concerning reference and translation that have been debated with considerable subtlety within the philosophy of language.
12.
12. In this category, as close relatives of my view, I would place the “internal-realist” conception of Hilary Putnam, Reason, Truth and History (Cambridge: Cambridge University Press, 1981), The Many Faces of Realism (La Salle: Open Court, 1987), and Realism With a Human Face (Cambridge, MA: Harvard University Press, 1990); and also Charles Taylor, Sources of the Self: The Making of Modern Identity (Cambridge, MA: Harvard University Press, 1989). For my discussion of Taylor's arguments, see New Republic, April 1990.
13.
13. See esp. John Rawls, A Theory of Justice (Cambridge, MA: Harvard University Press, 1971). Rawls's position and its relationship to the Aristotelian view is discussed in NFC, in HC, and especially in ASD, with references to other later articles in which Rawls has further developed his position concerning the role of a conception of the good in his theory.
14.
14. By relativism I mean the view that the only available standard to value is some local group or individual; by subjectivism I mean the view that the standard is given by each individual's subjective preferences; thus relativism, as I understand it here, is a genus of which subjectivism is one extreme species.
15.
15. A clear example of this view is Stanley Fish: see Doing What Come Naturally: Change, Rhetoric, and the Practice of Theory and Legal Studies (Durham and London: Duke University Press, 1989). I criticized Fish's position in “Sophistry About Conventions,” in Love's Knowledge: Essays on Philosophy and Literature (New York: Oxford University Press, 1990), 220-29, and in “Skepticism About Practical Reason,” a Dewey Lecture delivered at the Harvard University Law School, October 1991, and forthcoming.
16.
16. This is the position that Derrida appeared to take up in a number of works — for example, in Épérons: Les styles de Nietzsche (Paris 1979); he has more recently insisted that his position does leave room for one view to be better than another, see his Afterword to Limited Inc., translated by Samuel Weber and Jeffrey Mehlmann (Evanston, IL: Northwestern University Press, 1988). Certainly, the former position is the one frequently found in the writings of followers of Derrida in literary theory and criticism.
17.
17. I discuss the parallels to ancient skepticism in detail in “Skepticism About Practical Reason”; see also my “Therapeutic Arguments in Ancient Skepticism,”Journal of the History of Philosophy (Fall 1991).
18.
18. S. A. Marglin (pp. 22-23) suggests that this sort of thinking is peculiarly Western. My (entirely typical) epigraphs from non-Western traditions already cast doubt on this. Opponents of such oppositions have not explained how one can speak coherently without bounding off one thing against another, opposing one thing to another.
19.
19. The Tempting of America: The Political Seduction of the Law (New York: Simon & Schuster, 1990), esp. chap. 12.
20.
20. See 252 (“commands general asset”), 254 (“a universally accepted system”), 256. Bork hereafter refers approvingly to the arguments of Alasdair MacIntyre's After Virtue.
21.
21. Bork, 252, 258.
22.
22. P. 257. Bork denies that he is either a relativist or a skeptic — on the grounds that he himself has moral convictions and lives by them (p. 259). But this fact is, of course, not at all incompatible with relativism, since he at the same time denies that good reasons can be given to others for these convictions. The fact that Allan Bloom has warmly endorsed this book (p. i) is one of the striking anomalies of the current political/intellectual scene.
23.
23. P. 258: “Knowledge that it is taking place and that the state makes no attempt to inhibit it causes those in the majority moral anguish and so impairs their gratifications.”
24.
24. On p. 258, Bork suggests that the unavailability of an “objectively `correct' hierarchy” of moral principles in nature implies the subjectivist result. Unless there is such a hierarchy, he says, “the judge must let the majority have its way. There is, however, no principled way to make the necessary distinctions. Why is sexual gratification more worthy than moral gratification?... There is no way to decide these questions other than by reference to some system of moral or ethical principles about which people can and do disagree. Because we disagree, we put such issues to a vote.”
25.
25. Barbara Herrnstein Smith, Contingencies of Value: Alternative Perspectives for Critical Theory (Cambridge, MA: Harvard University Press, 1988). I discuss her position further in “Skepticism About Practical Reason.”
26.
26. This same suggestion is made by Fish in “Anti-Professionalism,” in Doing What Comes Naturally.
27.
27. See esp. 191-92, n. 6, where she praises the Stigler-Becker article “De Gustibus non est disputandum,”American Economics Review 67 (1977): 76-90, which argues that differences in behavior and judgment are best explained along economic lines, with the assumption that we behave so as to maximize utility. See also chap. 6.
28.
28. Milton Friedman, “The Methodology of Positive Economics,”Essays in Positive Economics (Chicago: University of Chicago Press, 1953), reprinted in D. M. Hausman, The Philosophy of Economics (Cambridge: Cambridge University Press, 1984), 210-44, at 212. In the original version, the word “ultimately” occurs between “can” and “only”.
29.
29. Richard A. Posner, esp. The Economics of Justice (Cambridge, MA: Harvard University Press, 1981), and The Economics of Justice (Cambridge, MA: Harvard University Press, 1981), and Sex and Reason (Cambridge, MA: Harvard University Press, 1992). I discuss Posner's arguments about privacy (from the former book) in The Literary Imagination in Public Life: The Alexander Rosenthal Lectures 1991, Northwestern University Law School and forthcoming.
30.
30. See esp. chaps. 6 and 7, where Smith seems to hold that utilitarianism of the economic variety is the only available alternative to a view that bases value judgments on appeal to transcendent authority. The rejection of Chicago School economics is tantamount to the endorsement of the “entire — dualistic — conception of the universe that defines humanistic redemptionism and that grounds its belief in, and promises of, an ultimate deliverance from all economy.”
31.
31. Aristotle, Parts of Animals 1.5, 645a5-37. Aristotle notes that anyone who has this shame about looking at the animal world is bound to take up the same attitude to himself, since an animal is what he is.
32.
32. See esp. Reason, Truth, and History and also Putnam's chapter in Nussbaum and Sen, eds., The Quality of Life.
33.
33. For further elaboration, see HN, ASD, and HC.
34.
34. See ASD; for detailed argument concerning the normative character of such an inquiry into “essence,” see HN.
35.
35. For a detailed account of this contrast, see ASD and NFC.
36.
36. For a closely related idea, see Charles Taylor, Sources of the Self.
37.
37. HN discusses the relation of this idea to some debates about the end of life in contemporary medical ethics.
38.
38. HN discusses this mythological material in more detail.
39.
39. On the question of cultural variation in the construction of these basic experiences, see NRV and ASD.
40.
40. See Aristotle, Metaphysics 1.1.
41.
41. This problem is confronted in “Transcending Humanity,” in Nussbaum, Love's Knowledge: Essays on Philosophy and Literature (New York: Oxford University Press, 1990).
42.
42. For the relationship of these ideas to Marx's account of truly human functioning in the Economics and Philosophical Manuscripts of 1844, see NFC.
43.
43. For Scandinavian conceptions, see the chapters by E. Allardt and R. Erikson in Nussbaum and Sen, eds., The Quality of Life. On capabilities in Sri Lanka, see Carlos Fonseka, Towards a Peaceful Sri Lanka, WIDER Research for Action series, World Institute for Development Economics Research, Helsinki, 1990.
44.
44. John Rawls, “The Idea of an Overlapping Consensus,”Oxford Journal of Legal Studies 7 (1987).
45.
45. For some examples, see NRV.
46.
46. This is developed more fully in ASD.
47.
47. See the longer treatment of this issue in ASD.
48.
48. This distinction is central in the political theory of Amartya Sen. See, among others, “Equality of What?” in Sen, Choice, Welfare, and Measurement (Oxford: Blackwell, 1982) 353-69, and Commodities and Capabilities (Amsterdam: North-Holland, 1985).
49.
49. See also Sen, Commodities and Capabilities.
50.
50. See esp. Rawls, “The Priority of the Right and Ideas of the Good,”Philosophy and Public Affairs 17 (1988); for further references and discussions, see ASD.
51.
51. Compare the remarks on slaves in Stanley Cavell, The Claim of Reason (New York: Oxford University Press, 1979).
52.
52. Raul Hilberg, The Destruction of the European Jews (New York: Holmes & Meier, 1985).
53.
53. See Susan Moller Okin, Women in Western Political Thought (Princeton, NJ: Princeton University Press, 1979), 251 and notes 10 and 11. The cases are In re Lockwood, 154 US 116, and Commonwealth v. Welosky, 276 Mass. 398, cert. denied, 284 US 684 (1932). For related material on the concept of person in political theory, see Okin, Justice, Gender, and the Family (New York: Basic Books, 1989). See also David Wiggins, Sameness and Substance (Oxford: Blackwell, 1980), chap. 6. In HC, I discuss related examples from ancient Stoic moral argument.
54.
54. This idea is developed more fully in NFC and HC.
55.
55. For more on this, see NFC and HC.
56.
56. See Nussbaum and Sen, “Introduction,”The Quality of Life.
57.
57. For these objections, see also Sen, “Equality of What?” and Commodities and Capabilities. Recent utilitarian work in philosophy has to some extent addressed these objections, introducing many corrections to actual preferences, but the practice of development economists has not been much altered.
58.
58. See Sen, Commodities and Capabilities; also J. Kynch and A. Sen, “Indian Women: Well-Being and Survival,”Cambridge Journal of Economics 7 (1983).
59.
59. See Nussbaum, “The Discernment of Perception,” in Love's Knowledge (1990).
60.
60. See especially Politics 1.8 and 7.1.
61.
61. Marx, Economics and Philosophical Manuscripts of 1844, translated by M. Milligan, in The Marx/Engels Reader, edited by R. C. Tucker (New York 1978). On the texture of the human work, in connection with a related criticism of utilitarianism, see Putnam, Reason, Truth, and History. From the debate about the adequacy of economic utilitarianism is a basis for legal judgment, see Margaret Jane Radin's outstanding article, “Market-Inalienability,”Harvard Law Review 100 (1987) 1848ff., which criticizes Richard Posner for speaking of a woman's body as a commodity of which she may dispose in the market.
62.
62. For a longer account of these criticisms, see ASD.
63.
63. Rawls, A Theory of Justice (Cambridge, MA: Harvard University Press, 1922) 189-92.
64.
64. See Sen, “Equality of What?”
65.
65. On this point, see Okin, Justice, Gender and the Family, and my review of her in New York Review of Books, forthcoming.
66.
66. See the chapters by Allardt, Erikson, and Brock in Nussbaum and Sen, eds., The Quality of Life; also Fonseka, Towards a Peaceful Sri Lanka.
67.
67. Cambridge, MA: Schenkman, 1983. See also Chen, “A Matter of Survival: Women's Right to Work in India and Bangladesh,” forthcoming in Nussbaum and Glover, eds., Human Capabilities.
68.
68. I discuss compassion further in “Tragedy and Self-Sufficiency: Plato and Aristotle on Fear and Pity,” in Essays on Aristotle's Poetics, edited by A. Rorty (Princeton, NJ: Princeton University Press, 1992), and in a longer version in Oxford Studies in Ancient Philosophy 10 (1992). Here I use “compassion” rather than the more usual “pity” for both Greek eleos and French pitié because “pity” in contemporary use often connotes a condescension toward the sufferer and a lofty distance. These attitudes are not only not implied but are actually repudiated in the accounts standardly given of the original Greek and French words.
69.
69. The epigraph to the section of Book 4 that discusses pity is taken from Virgil's Aeneid: “Not inexperienced in hardships, I learn how to bring aid to the wretched.” The entire discussion owes an obvious debt to classical sources, as does the corresponding discussion in the Discourse. All translations of Rousseau's French are my own.
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