My paper argues that the Nicomachean Ethics endorses kingship (basileia) as the best regime (aristê politeia). In order to justify such a claim, I look at Aristotle’s discussion and rankings of regimes throughout the Ethics, specifically, the discussions of regime division in EN VIII.10, the inculcation of virtue in II.1, ethical habituation in X.9, and the “one regime which is best everywhere according to nature” in V.7.

What is the nature of human well-being? This paper joins the ancient debate by rejuvenating an ancient claim that is quite unfashionable among moral philosophers today, namely, the Aristotelian claim that moral virtue is (non-instrumentally) necessary for human well-being. Call it the Aristotelian Virtue Condition (AVC). This view can be revived for contemporary debate by a state-of-the-art approach that we might call constructivist experimental philosophy, which takes as its goal the achievement of a reasonable constructivist account of well-being and takes (...) the investigation of actual folk intuitions as the central means to achieving that goal. The paper motivates this approach and challenges the commonplace philosophical rejection of AVC by arguing (1) that folk intuitions should count as evidence in the debate, especially if we aim at a constructivist account of well-being, (2) that folk intuitions can be accurately elicited through a thought experiment (the “Crib Test”), and (3) that there is some reason (subject to experimental confirmation) for thinking that folk intuitions, thus elicited, support AVC. Aristotelian ethics, and indeed the entire virtue ethics tradition, has come under fire recently by empirically informed philosophers who question the empirical adequacy of the postulation of robust character traits, but regardless of how that debate turns out, other parts of this tradition might be empirically supported rather than undermined. This paper sketches a promising, empirically informed way of supporting Aristotelian views of well-being. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as why we punish recidivists (...) more than first time offenders or why “hate crimes” are of special concern. A republican view of criminal law brings our most natural intuitions back into focus by insisting that the core of criminal responsibility lies in the offender’s attack on the civic bonds that make living in a society as equals possible. By grounding our punishment practices in an Aristotelian republicanism that for so long was the unquestioned basis of mutual responsibility, we understand that hostility, as expressed in the offender’s “civic character,” matters to us all while still seeing our obligations to reintegrate both victim and offender into our shared civic project. (shrink)

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and (...) coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...) of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

Argues, against Anscombe, that Aristotle had the concept of morality as an interpersonal normative order: morality is justice in general. For an action to be wrong is not for it to warrant blame, or to wrong another person, but to be something one should not do that one has no right to do. In the absence of rights, morality makes no sense.

O caráter comunitário da filosofia de Aristóteles resulta das diversas formas de análise da política que o filósofo apresenta na articulação dos seguintes aspectos: a tese de que o ser humano é um animal político; o modo como esta é realizada na comunidade política, na qual o logos se manifesta como atividade discursiva compartilhada; o cultivo de determinadas virtudes ético-políticas presentes na convivência humana, sobretudo, a amizade; a autossuficiência do cidadão e o seu vínculo com a autarquia da comunidade política. (...) A retomada de um moderno conceito de comunidade, na tentativa de reatualizar os princípios gerais do comunitarismo aristotélico, pode ser compatível com determinadas teses liberais, sobretudo a questão da liberdade (autonomia) individual e o fato do pluralismo ético e político nas sociedades modernas. The communal nature of Aristotle's philosophy results from the various forms of analysis of the politics the philosopher shows in the articulation of the following features: the thesis that man is a political animal; the way the political community is accomplished through this thesis, in which the logos itself manifests as a shared discoursive activity; the cultivation of certain ethical and political virtues present in the human companionship, above all, friendship; citizen self-sufficiency and its relationship with the autarchy of the political community. In an attempt to bring up to date the general principles of Aristotelian communitarianism, the resumption of a modern concept of community can be compatible with certain liberal theses, especially the issue of individual freedom (autonomy) and the fact of the ethical and political pluralism in the modern societies. (shrink)

Perfectionist views of well-being maintain that well-being ultimately consists, at least partly, in excellence or virtue. This paper argues that such views are untenable, focusing on Aristotelian perfectionism. The argument appeals, first, to intuitive counterexamples to perfectionism. A second worry is that it seems impossible to interpret perfection in a manner that yields both a plausible view of well-being and a strong link between morality and well-being. Third, perfectionist treatments of pleasure are deeply implausible. Fourth, perfectionism rests on a misunderstanding (...) about the nature of our interest in prudential and perfectionist values. Finally, perfectionism’s appeal seems to depend heavily on a failure to distinguish the notions of well-being and the good life. (shrink)

Democracy is shown to be a non-instrumental good-in-itself (as well as an instrument in securing other goods) by extrapolation from the Aristotelian premise that humans are political animals. Because humans are by nature language-using, as well as sociable and common-end-seeking beings, the capacity to associate in public decisions is constitutive of the human being-kind. Association in decision is necessary (although insufficient) for happiness in the sense of eudaimonia. A benevolent dictator who satisfied all other conditions of justice, harms her subjects (...) by denying them opportunity to associate in the decisions by which their community is governed. (shrink)

The dominance of agency theory can reduce our collective scope to analyse private equity in all its diversity and depth. We contribute to theorisation of private equity by developing a contrasting perspective that draws on a rich tradition of virtue ethics. In doing so, we juxtapose 'private equity' with 'public good' to develop points of rhetorical and analytical contrast. We develop a typology differentiating various forms of private equity, and focus on the 'take private' form. These takeovers are where private (...) equity funds are used to buy all a firm's publicly listed shares. Take private deals reduce reporting requirements and lessen the amount of public scrutiny a firm comes under. They allow greater control of a firm's assets and resources but also have effects in terms of the wider social fabric. The 'public good' and virtue ethics offer an alternative basis for theorisation of these deals. This provides a needed contrast to accounts of private equity based on agency theory. (shrink)

For Aristotle, virtues are neither transcendent nor universal, but socially interdependent; they need to be understood chronologically and with respect to character and context. This paper uses an Aristotelian lens to analyse an especially interesting context in which to study virtue—the state’s response when social order breaks down. During such periods, questions relating to right action by citizens, the state, and state agents are pronounced. To study this, we analyse data from interviews, observation, and documents gathered during a 3-year study (...) of riot policing in the U.K. In doing so, we contribute by joining a number of other conversations within JBE, suggesting detailed empirical examination of this context is useful in opening up considerations relevant to ‘virtue’ elsewhere. This extreme context helps us raise interesting and empirically informed questions that can encourage future theoretical and empirical contributions to virtue in business ethics. One such question is on the role of habituation in virtue, which is not just the inculcation of a reflex or automaticity, but can also refer to a trained and developed tendency to behave in the right way, for the right reasons, at the right time. Whilst we stop short of a simplistic alignment of habituation and virtue, we show ways in which it can inform understanding of both courage and phronēsis. (shrink)

Does the concept of political friendship make sense, and does cultivating political friendship among peoples strengthen universal peace? This article provides an Aristotelian account of political friendship as distinct from but analogous to personal friendship. Political friendships, founded on mutual recognition and respect, are characterized by consensual agreement about the fundamental terms of cooperation. While promoting such political friendship at the global level would be a measure to strengthen universal peace, another form of friendship, politicized friendship, is to be avoided, (...) as it is driven by rivalrous rather than equitable self-interest, and breeds political enmity and strife. Taking Aristotle's insights about political friendship to the global arena, the article considers Rawlsian peoples to be suitable subjects for political friendship. The duty of assistance and the duty to oppose outlaw states illuminate demands of political friendship among Rawlsian peoples that entail equity, power sharing and even sacrifice. (shrink)

In the last two books of the Politics, Aristotle articulates an education program for his best regime in contrast to what he takes to be the goal and practices of Sparta’s educational system. Although Aristotle never refers to his program as liberal education, clearly he takes its goal to be the production of free male and female citizens. By contrast, he characterizes the results of the Spartan system as ‘crude’, ‘slavish’, and ‘servile’. I argue that Aristotle’s criticisms of Spartan education (...) elucidate his general understanding of Sparta and provide an interpretative key to understanding Politics 7–8. But although Aristotle contrasts the goals and methods of Spartan education with that of his own best regime, the citizens of his best regime are more like Spartan citizen-soldiers than Athenian participatory-citizens. (shrink)

The profusion of senses of justice in NE V.1–7 has left many readers with a general impression of chaos, but also gives rise to pressing questions about Aristotle’s conception of justice. Specifically, why does Aristotle claim that there are two parts to justice as equality, but go on to discuss three types of equality in the subsequent chapters? What is the relationship between political justice and the distinction between general justice and particular justice? I argue in this essay that the (...) notion of reciprocity, central to the first question, can also help us address the second. Specifically, I show that reciprocity is not a third species of particular justice, but rather a prior condition for political community and for political justice. Political justice is best understood as a redescription of particular justice that highlights how distributive and corrective justice maintain equality among citizens in an existing political community. In addition to explaining the unity of Aristotle’s thought in these chapters of NE V, I demonstrate a number of philosophical consequences for understanding Aristotle’s conception of justice. (shrink)

In this article I propose a new interpretation of Aristotle’s arguments about the authority of the many at Politics III 11, 1281a40–b21. It consists of the following main tenets. First, the multitude that Aristotle refers to in his arguments should be understood on the model of the multitude which rules in polities and the members of which are accomplished in only a part of political excellence, namely, military excellence. Second, the best citizens with whom he compares that multitude in his (...) arguments do not possess complete political excellence but rather the highest degree of military excellence among their fellow citizens in a polity. Third, the members of that multitude are collectively superior to the best citizens in making decisions about political particulars, for example, decisions about specific policies. Fourth, their superiority can be explained by reference to the fact that they collectively possess superior experience than the best citizens, though they have individually and collectively inferior political understanding. Finally, their collective superiority in making political decisions is the outcome of the aggregation of their individual political judgements that are based on experience rather than the outcome of some form of public deliberation that enables them to grasp the political reasons which support their decisions. (shrink)

This article shows how the public inscriptions of Hellenistic poleis, especially decrees in honor of leading citizens, illuminate Greek ethical thinking, including wider debates about questions of central importance for Greek ethical philosophers. It does so by comparing decrees' rhetoric with the ethical language and doctrines of different ancient philosophical schools. Whereas some scholars identify ethical views comparable to Stoic ideas in Hellenistic decrees, this article argues that there are more significant overlaps, especially in decrees from Asia Minor dating to (...) after 150 BC, with fourth-century BC ethical philosophy, especially Aristotle's, and its Hellenistic continuators. The overlaps between decrees and philosophers' approaches had complex, diverse causes, probably sometimes including philosophical education and influence. Comparison of philosophy and epigraphy shows that, in the same way as the polis continued to flourish after Chaironeia, critical reflection about the ethical foundations of civic life also remained vibrant, among both philosophers and citizens. (shrink)

This paper explores the normative implications of Aristotle's concept of politikē and demonstrates its relevance to contemporary debates on legitimate political authority. Section one of the paper provides historical and interpretative background on Aristotle's conception of politikē. The second section examines the central normative role that the common good plays in Aristotle's account of politikē and claims that its capacity to play this role points in the direction of a less exclusionary politics than is suggested by Book 1 of the (...) Politics. Finally, in the third section, with reference to work by Andres Rosler and David Estlund, I consider what Aristotle's account can tell us about contemporary debates on the relationship between political authority, legitimacy and expertise. (shrink)

In The Idea of Justice , Amartya Sen argues for an approach to justice that is comparative and realization-based rather than transcendental and institutional. While Sen’s arguments for such an approach may not be as convincing as he thought, there are additional arguments for it, and one is that it provides a unique and valuable platform on which an account of justice as a virtue of social and political actors (including institutions and social movements) can be built. Hence new dimensions (...) of comparison are opened up: some actors are better disposed and more successful than others at leading social change in the direction of greater justice. The main objective of this article is to use the capability approach to construct such an account. Six dimensions of acting justly are identified: (1) reducing capability shortfalls; (2) expanding capabilities for all; (3) saving the worst-off as a first step towards their full participation in economy and society, (4) which is also to be promoted by a system of entitlements protecting all from social exclusion; while (5) supporting the empowerment of those whose capabilities are to expand; and (6) respecting ethical values and legitimate procedures. I conclude by sketching some underlying moral psychology. (shrink)

This discussion is about the neglected concepts of trust and social responsibility on the Internet. I will discuss and explain the concepts and their implications to people and society. I then address the issue of moral and social responsibilities of ISPs and web-hosting companies. I argue that ISPs and web-hosting companies should aspire to take responsibility for content and that they should respect and abide by their own terms of conduct.

This paper argues against the view favored by many contemporary scholars that corrective justice in the Nicomachean Ethics is essentially compensatory and in favor of a bifunctional account according to which corrective justice aims at equalizing inequalities of both goods and evils resulting from various interactions between persons. Not only does the account defended in this paper better explain the broad array of examples Aristotle provides than does the standard interpretation, it also better fits Aristotle’s general definition of what is (...) just. In the last section, the paper argues, again against the standard interpretation, that proportional reciprocity, the kind of justice discussed in Nicomachean Ethics V.5, has two forms and is closely linked to corrective justice. Although corrective justice and proportional reciprocity are conceptually distinct and do different work in Aristotle’s political philosophy, instances of proportional reciprocity are instantiated by instances of corrective justice. This linkage, the paper concludes, helps to explain why Aristotle would assign corrective justice such a prominent place in his theory of justice. (shrink)

Contemporary appeals for a deepening of civic friendship in liberal democracies often draw on Aristotle. This paper warns against a certain kind of attempt to use Aristotle in our own theorising, namely accounts of civic friendship that characterise it as similar in some way to Aristotelian virtue friendship. The most prominent of these attempts have focused on disinterested mutual regard as a basic ingredient in all Aristotelian forms of friendship. The argument against this is that it inadequately accounts for the (...) idea of a virtue friend as another self, which we find in Aristotle’s thought. When we attend closely to that, we see that civic friendship is different in a fundamental way from virtue friendship because virtue friends are keenly committed to the moral improvement of one another. It is argued that Aristotle does not see civic friendship in the same way. However, if this argument about the differences between the forms of friendship cannot be accepted, the paper argues that we should not draw on Aristotle for an understanding of civic friendship because any similarity it might have to virtue friendship would license illiberal interventions in the lives of citizens in service of some idea of moral improvement. A seeming connection between Aristotelian civic friendship and thick conceptions of citizenship is replaced with a connection between it and thinner conceptions. (shrink)

Contemporary philosophers often purport to ‘borrow’ or ‘refute’ claims made by past philosophers. In doing so they contravene a contextualist methodological prohibition once defended by Quentin Skinner in his seminal paper “Meaning and Understanding in the History of Ideas”. Skinner's methodology has been much debated by theorists of textual meaning and interpretation, and yet the precise nature of the logical path from his premises to his prohibitory conclusion remains elusive. This paper seeks to refute two of the most promising variants (...) of an argument for his methodological prohibition on ‘refutation’, one of which draws on his appeal to Wittgenstein's conception of ‘meaning as use’, and the other of which draws on his appeal to speech act theory. (shrink)

Scholars have often thought that a monistic reading of Aristotle’s definition of the human good – in particular, one on which “best and most teleios virtue” refers to theoretical wisdom – cannot follow from the premises of the ergon argument. I explain how a monistic reading can follow from the premises, and I argue that this interpretation gives the correct rationale for Aristotle’s definition. I then explain that even though the best and most teleios virtue must be a single virtue, (...) that virtue could in principle be a whole virtue that arises from the combination of all the others. I also clarify that the definition of the human good aims at capturing the nature of human eudaimonia only in its primary case. (shrink)

1. Introduction: 1.1 Difficulties of Approach; 1.2 Philosophical Background. 2. The Context of Early Modern Theories of the Passions: 2.1 Changing Vocabulary; 2.2 Taxonomies; 2.3 Philosophical Issues in Theories of the Emotions. SUPPLEMENTARY DOCUMENTS: Ancient, Medieval and Renaissance Theories of the Emotions; Descartes; Hobbes; Malebranche; Spinoza; Shaftsbury; Hutcheson; Hume.

In this thesis I am going to explore the relationship between happiness and imprisonment. I will discuss three theories of happiness - hedonism, life satisfaction theories and emotional states theories. I will argue that the main problem of these theories is that they take happiness to consist only of psychological states. Because of this, I will turn my attention towards those theories that evaluate happiness in terms of how well life is going for the person who is living it. I (...) will argue that my Aristotelian account is the most plausible way to understand the relationship between happiness and imprisonment. This is because it takes into account both the external circumstances and the psychological and emotional life of pnsoners. Through this thesis, I will show that my account of happiness in prison accomplishes three tasks: i) it solves the problems encountered by the other theories of happiness in the evaluation of prisoners' happiness, ii) it does not suffer from two of the main objections to the other objectivist theories of happiness, and iii) it can help us to investigate the happiness of prisoners empirically more accurately. (shrink)

This paper explores two ideas in Aristotle: the idea that a just person is necessarily a lawful and law-abiding citizen, and second, the idea that the virtuous person necessarily cares about the common good. In this paper, I show that justice and its concern for the common good is central to Aristotle’s conception of the virtuous agent, and that justice, in turn, cannot be understood apart from the various laws that states devise for the common benefit.