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
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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
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Excess
Rashness
Licentiousness
Prodigality
Vulgarity
Ambition
Vanity
Irascibility
Boastfulness
Buffoonery
Obsequiousness or Flattery
Shyness
Envy
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Mean
Courage
Temperance
Liberality
Magnificence
Proper Ambition
Magnanimity
Patience
Truthfulness
Wittiness
Friendliness
Modesty
Right. Indig.
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Deficiency
Cowardice
Insensibility
Illiberality
Pettiness
Unambitiousness
Pusillanimity
Lack of Spirit
Understatement
Boorishness
Cantakerousness
Shamelessness
Malicious Enjoy.
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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.
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