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Justice: What's The Right Thing To Do? Episode 05: "HIRED GUNS"
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Justice: What's The Right Thing To Do? Episode 05: "HIRED GUNS"

Understanding Locke's Government by Consent

The Limits of Government Authority

  • Discussion on Locke's idea of government by consent, focusing on the limits that cannot be overridden even by majority agreement.
  • Taxation requires prior consent to join society but does not need individual consent at the time of tax enactment or collection.
  • Raises questions about self-possession and whether government can conscript individuals for military service without violating rights.

Coercive Legislation and Military Authority

  • Locke argues that political authority must not be arbitrary; military orders are permissible if they follow lawful authority.
  • Example provided: a sergeant can command a soldier into dangerous situations, but cannot take their money, as it would be considered arbitrary and corrupt.

The Role of Consent in Governance

  • Emphasizes that consent is powerful in establishing political authority; it’s the initial agreement to join the government that matters most.
  • Limited government operates under generally applicable laws and must adhere to the rule of law, avoiding arbitrary actions.

Debating Military Conscription

Perspectives on Conscription

  • Introduction to the debate surrounding military conscription as a violation of self-ownership versus a legitimate governmental power.
  • Contextual example: U.S. military struggles with recruitment during the Iraq War leads to discussion on potential solutions.

Proposed Solutions for Recruitment Challenges

  • Three proposed policies:
  • Increase pay and benefits for soldiers.
  • Implement a system of military conscription via lottery.
  • Outsource combat roles to mercenaries willing to fight for existing wages.

Polling Opinions on Solutions

  • Majority favor increasing pay; few support conscription; some prefer outsourcing as an alternative solution.

Historical Context: Civil War Draft System

Hybrid System of Conscription

  • During the Civil War, a hybrid system was used where draftees could hire substitutes if they did not wish to serve themselves.

Public Opinion on Civil War Draft System

  • Inquiry into views about this hybrid system reveals most participants consider it unjust due to its commodification of human life.

Ethical Concerns Raised

Civil War Draft and Coercion: A Discussion

The Morality of Pricing Life

  • The speaker argues that individuals should have the freedom to assign a price to their life, suggesting that accepting money for military service is not morally wrong if done voluntarily.

Economic Disparities in Military Service

  • Jason introduces the idea that wealthier individuals, like Carnegie, can easily avoid the draft by paying a fee, while lower-income individuals face coercion due to their economic circumstances.

Coercion vs. Free Choice

  • Sam asserts that poor laborers accepting money to fight are coerced by their financial situation, contrasting with wealthier individuals who can pay for exemption.
  • Raul agrees with Sam, emphasizing that what appears as free choice is actually coercive due to societal inequalities.

Responses to Coercion Arguments

  • Emily counters by comparing the civil war draft system with modern volunteer army recruitment strategies, noting both involve coercive elements targeting lower-income groups.

Challenging Perspectives on Volunteerism

  • Emily acknowledges coercion in both systems but questions whether this should concern supporters of an all-volunteer army today.
  • She challenges defenders of the volunteer army to explain how it differs fundamentally from the civil war buy-out provision.

Defending the All-Volunteer Army

  • A defender explains that in the all-volunteer army, everyone is hired and paid equally by the government, unlike during the civil war where payments varied among individuals.

Responsibility and Equity in Military Service

Understanding Military Service Motivations

The Role of Responsibility in Conflict

  • Discussion on the sense of responsibility regarding military conflict, contrasting ideological support with actual accountability for war actions.

Differences Between Volunteer and Civil War Armies

  • Key distinction made between an all-volunteer army and the army during the Civil War; volunteers today are motivated by personal choice first, followed by financial compensation.

Motivation Beyond Pay

  • Inquiry into motivations for joining an all-volunteer army, highlighting patriotism as a significant factor alongside pay.

Patriotism vs. Financial Incentives

  • Jackie argues that serving out of patriotism is preferable to serving solely for monetary gain, suggesting that soldiers motivated by love for their country will perform better.

Quality of Soldiers Based on Motivation

  • Emphasis on the idea that soldiers who volunteer out of genuine desire to fight will be more effective than those who enlist purely for financial reasons.

Debating Patriotism's Importance in Military Service

The Necessity of Patriotism in Military Effectiveness

  • Argument presented against the necessity of patriotism for being a good soldier; mercenaries can perform effectively without nationalistic motives.

Counterarguments to Patriotism's Relevance

  • Jackie counters that individuals with emotional investment in their country will likely perform better under pressure compared to those driven only by financial incentives.

Exploring Civic Obligations and Conscription

  • Discussion about whether prioritizing patriotism over pay supports a return to conscription instead of maintaining a paid volunteer army.

Market Allocation vs. Civic Duty in Military Service

Arguments Against Market Allocation

  • Two main objections raised: coercion due to economic inequality affecting voluntary service choices and the belief that military service should not be treated merely as another job.

Assessing Coercion and Inequality

  • Questions posed regarding what societal inequalities undermine freedom in labor choices, particularly concerning military service options available based on economic status.

Understanding Civic Obligations

Should We Bid for Babies? Exploring the Role of Markets in Human Reproduction

Introduction to Market Dynamics in Adoption

  • The discussion begins with a provocative question about whether individuals should be able to bid for babies available for adoption, highlighting the complexities of market involvement in human reproduction.

Egg Donation as a Market

  • Infertility clinics often advertise for egg donors, with specific ads appearing in college newspapers like the Harvard Crimson.
  • A notable ad offered $50,000 for an "ideal" egg donor characterized by intelligence, athleticism, height (at least 5'10"), and high SAT scores.

Sperm Donation Market Insights

  • While sperm donation is also marketed, it does not command the same financial incentives as egg donation; no sperm donor receives $50,000.
  • California Cryobank is highlighted as a commercial sperm bank that imposes strict standards on its donors and markets its services effectively.

Compensation Structures and Donor Selection

  • Cryobank offers compensation of $75 per specimen up to $900 monthly for frequent donations while acknowledging the effort involved.
  • Additional incentives such as movie tickets are provided to encourage participation among donors.

Ideal Traits and Market Demand

  • The ideal sperm donor profile includes traits like height (6 feet), education level (college degree), and physical characteristics preferred by customers.

The Case of Baby M: Surrogacy Ethics

Background on Surrogate Motherhood

  • The case centers around William and Elizabeth Stern who sought a surrogate mother due to medical risks associated with pregnancy.

Contractual Agreement Details

  • Mary Beth Whitehead agreed to carry the Stern's child under a contract that included a $10,000 fee plus expenses.

Legal vs. Moral Considerations

  • After giving birth, Whitehead decided she wanted to keep the baby, leading to legal disputes over contract enforcement.

Perspectives on Contract Enforcement

  • A majority opinion favored upholding the contract based on voluntary agreement among informed adults.

Arguments For Upholding Contracts

  • Supporters argue that all parties understood the terms beforehand; thus, promises made should be honored.

Counterarguments Against Enforcement

Discussion on Adoption and Surrogacy Rights

The Nature of Contracts in Adoption

  • A participant questions the reliability of contracts in adoption, asking who would not uphold such agreements.

Inalienable Rights to Biological Mothers

  • Anna argues that a child has an inherent right to their biological mother, emphasizing the natural bond over contractual obligations.
  • She believes that if a biological mother desires contact with her child, the child should have the right to that relationship.

Contrasting Views on Emotional Bonds

  • Kathleen disagrees with Anna, stating that emotional content does not factor into legal decisions regarding adoption or surrogacy.
  • She asserts that once a mother gives up her child for adoption, her feelings about wanting the child back are irrelevant; it’s a trade-off.

Market Forces and Human Dignity

  • Andrew expresses discomfort with surrogacy, suggesting it feels dehumanizing and likening it to "dealing in human beings."
  • He raises concerns about commodifying biological rights and emphasizes the emotional bond between mothers and children.

The Debate on Baby Selling vs. Adoption

  • Andrew challenges whether adoption can be equated to baby selling, arguing against treating children as commodities.
  • Another participant highlights that while contracts exist, they cannot ignore the emotional bonds formed between parents and children.

Legal Perspectives on Contracts

  • One speaker supports both adoption and surrogacy but questions whether these practices should be regulated by government policies.
  • They argue contracts should allow freedom but remain unenforceable in court settings.

Personal Experiences with Sperm Donation

  • Vivian shares her brother's experience as a sperm donor, noting he lacks an emotional connection to his daughter born from this arrangement.

Comparing Parental Bonds: Mother vs. Father

Surrogacy and Consent: Legal Perspectives

Overview of Surrogacy Arguments

  • The discussion highlights two main objections to surrogacy contracts:
  • Tainted consent due to flawed information rather than coercion.
  • Concerns about the dehumanizing nature of commodifying childbirth.

Court Rulings on Surrogacy Contracts

  • The lower court ruled that the surrogacy contract was enforceable, stating neither party had a superior bargaining position. A price for services was agreed upon without coercion.
  • The New Jersey Supreme Court found the contract unenforceable but granted custody to Mr. Stern, prioritizing the child's best interests while restoring rights to Mary Beth Whitehead.

Informed Consent Issues

  • The court argued that the natural mother could not make an informed decision before understanding her bond with the child, deeming prior decisions as uninformed.
  • The court also raised concerns about commodification, suggesting that selling a child or a mother's rights is fundamentally problematic in society.

Evaluating Consent and Dehumanization

  • Despite a voluntary agreement between parties, consent can be compromised if individuals are pressured or lack full information regarding their choices.
  • Courts noted that even experienced mothers cannot fully comprehend what it means to bear and relinquish a child for payment.

Philosophical Insights on Commodification

  • Elizabeth Anderson's perspective suggests that surrogacy contracts force women to suppress parental feelings, turning their labor into alienated work disconnected from emotional bonds.
  • Certain goods should not be treated merely as commodities; they require valuation through respect, love, and sanctity rather than monetary terms.

Broader Implications of Market Transactions in Reproduction

  • This raises questions about whether utility is the only appropriate way to value goods like life and procreation. It challenges us to consider alternative modes of valuation beyond mere use.

Case Study: Dr. Cecil Jacobson's Controversy

  • Dr. Jacobson's unethical practice involved using his sperm for insemination without informing patients, raising significant ethical concerns regarding consent in reproductive technologies.

Exploring the Value of Goods

Understanding Proper Valuation

  • The discussion begins with the notion that certain goods are valued beyond their mere utility, prompting deeper philosophical inquiries into valuation.
  • The upcoming weeks will focus on exploring these questions with insights from various philosophers, indicating a philosophical approach to understanding value.

Engaging with the Community

  • Viewers are encouraged to interact online, fostering a community around the themes discussed in "Justice."
Video description

To register for the 2015 course, visit https://www.edx.org/course/justice-harvardx-er22-1x-0. PART ONE: HIRED GUNS During the Civil War, men drafted into war had the option of hiring substitutes to fight in their place. Professor Sandel asks students whether they consider this policy just. Many do not, arguing that it is unfair to allow the affluent to avoid serving and risking their lives by paying less privileged citizens to fight in their place. This leads to a classroom debate about war and conscription. Is todays voluntary army open to the same objection? Should military service be allocated by the labor market or by conscription? What role should patriotism play, and what are the obligations of citizenship? Is there a civic duty to serve ones country? And are utilitarians and libertarians able to account for this duty? PART TWO: MOTHERHOOD: FOR SALE In this lecture, Professor Sandel examines the principle of free-market exchange in light of the contemporary controversy over reproductive rights. Sandel begins with a humorous discussion of the business of egg and sperm donation. He then describes the case of Baby M"—a famous legal battle in the mid-eighties that raised the unsettling question, Who owns a baby?" In 1985, a woman named Mary Beth Whitehead signed a contract with a New Jersey couple, agreeing to be a surrogate mother in exchange for a fee of $10,000. However, after giving birth, Ms. Whitehead decided she wanted to keep the child, and the case went to court. Sandel and students debate the nature of informed consent, the morality of selling a human life, and the meaning of maternal rights.