Jurisprudence 2006

Syllabus

The Textbook

Day 1--August 22

Babylonian Laws I

Babylonian Laws II

Hammurabi--review

Aug. 29--Bib/Plato

Euthyphro and Crito

Paper Guidelines

Nicomachean Eth. I

Nico. Ethics II

Nico. Ethics III

Nico. Ethics IV

Cicero

Justinian's Institutes

Institutes II

Babylonian Talmud

Talmud II

Talmud III

Hugo Grotius

Grotius II

Early Rousseau

Early Rousseau II

Early Rous III

Rousseau's Walks I

Rousseau's Walks II

Rousseau's Walks III

Lisbon Earthquake I

Earthquake II

Bentham's Spirit

Bentham's Words

Benth's "Conversion"

JS Mill I

Mill and Emotions II

Mill and Emotions III

C.C. Langdell

Burying Langdell

Legal Realism I

Legal Realism II

Legal Process

Brown v. Board


Nichomachean Ethics II

Prof. Bill Long 9/3/006

The Doctrine of the Mean

In order to get to our goal in life, which is happiness, we need to act with arete/virtue, which means that we must pursue those things characteristic of us as humans. These characteristics are deep habits which have been developed through long practice. But what are these virtues and how are they related to vices? In Books II-IV of the NE, Aristotle both gives us rich descriptions of the virtues and then contrasts them to vices which are, as it were, "on either side" of the virtue. His Doctrine of the Mean states that every virtue is a "mean" between the extremes of excess and deficiency. It might be helpful to look at the following chart, which I think I will supplement by a handout in class on one of the virtues. The chart is available in many places, but I reproduce it from here.

Sphere of Action or Feeling

Fear/Confidence

Pleasure and Pain

Getting/Spending

Get/Spend (Maj)

Honor/Dishonor
(minor)

Honor/Dishonor
(major)

Anger

Self-Expression

Conversation

Social Conduct


Shame

Indignation

 

Excess


Rashness

Licentiousness

Prodigality

Vulgarity

Ambition


Vanity


Irascibility

Boastfulness

Buffoonery

Obsequiousness or Flattery

Shyness

Envy

Mean


Courage

Temperance

Liberality

Magnificence

Proper Ambition

Magnanimity


Patience

Truthfulness

Wittiness

Friendliness


Modesty

Right. Indig.

Deficiency


Cowardice

Insensibility

Illiberality

Pettiness

Unambitiousness


Pusillanimity


Lack of Spirit

Understatement

Boorishness

Cantakerousness


Shamelessness

Malicious Enjoy.

Comments on the Mean

At least three observations are in order at this point. First, the mean, toward which people aim, is not "halfway" between the two extremes. Some people, who are inclined by nature, for example, towards extreme understatement or self-depreciation, might have to travel "further" to get to "truthfulness" than a person who is only slightly boastful by nature. It is the distance to the mean, so to speak, which is more important than whether the mean is precisely halfway between the extremes. Second, one should not look at the mean as synonymous with "moderation." That is, sometimes people who have studied this chart get the impression that the doctrine of the mean suggests you should be "moderately" modest or friendly or witty, etc. But, as Aristotle says in several places, to be acting in the mean means that you are modest at the right time, to the right degree, in the right relationships and for the right amount of time. Sometimes, for example, it might be appropriate to be very angry at an obvious injustice. Third, justice, about which the next essay treats, is also to be understood as a "mean." As Aristotle says:

"We have discussed what the unjust is and what the just is. now that they have been differentiated from one another, it is clear that just action is median between acting unjustly and suffering unjustly: the one is having too much and the other is having too little. Justice is a sort of mean, not in the same way as the other virtues are, but in that it is realized in a median amount, while injustice belongs to the extremes" (NE 5.5.)

Conclusion

I will probably hand out the text where Aristotle talks about one set of virtues/vices in class so you can see how he argues. The doctrine of the mean is one of Aristotle's unique and powerful contributions to ethical theory. Now that we see that justice is a mean between two extremes, we are ready to see how Aristotle discusses justice in Book V.

2059

 





Copyright © 2004-2007 William R. Long