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Practical
Moral Philosophy for Lawyers
Readings on Character
(1) Anthony T. Kronman, Living in the Law, 54 U. Chi. L. Rev.
835, 869-870 (1987):
Our characters reveal themselves in all we do and are open
to view, on the public surface of our lives, for everyone to
see. Indeed, a person's character is often the first thing we
feel with any confidence that we know about him. The reason is
that our characters (unlike our beliefs and intentions, which
are more easily concealed) have a dispositional dimension--more
exactly, they consist in a set of dispositions or habitual desires.
What we desire is generally harder to hide than what we think
or intend, and the most difficult desires to conceal are those
that have congealed into habits. The character a person possesses
constitutes his habit of living, and though he may be intermittently
successful in keeping it from view, it is likely to show through
in most of what he does. Living out of character for any period
of time is like living out of one's own skin, and about as difficult.
(2) James Wm. McClendon, Biography as Theology 30-31 (Nashville:
Abingdon Press, 1974):
To have character...is to enter at a new level the realm of
morality, the level at which one's person, with its continuities,
its interconnections, its integrity, is intimately involved in
one's deeds. By being the persons we are, we are able to do what
we do, and conversely, by those very deeds we form or re-form
our own characters. Only a man of (some) generosity will act
generously, as a general rule; but also as a general rule the
man who acts generously on this occasion is shaping himself along
generous lines. Thus, character is paradoxically both the cause
and consequence of what we do.
A man's character is formed by the way he sees things, by his
vision.... It is shaped by the way he does things, by his style.
It is coincident with his deepest and most dearly held beliefs,
his convictions. But we know that our convictions, though tenacious,
do sometimes change, that style can be both acquired and modified,
that the total vision by which one lives can sometimes be made
over again.
(3) Maxine Greene, Landscapes of Learning 152 (New York: Teachers
College Press, 1978):
The moral life is not necessarily the self-denying life nor
the virtuous life, doing what others expect of one, or doing
what others insist one ought to do. It can best be characterized
as a life of reflectiveness and care, a life of the kind of wide-awakeness
associated with full attention to life and its requirements.
I have an active attention in mind, to life in its multiple phases,
not the kind of passive attention in which one sits and stares-nor
the kind of focalized attention that permits one only to see
the track ahead of one or the distant light or the clasping hand.
In active attention, there is always an effort to carry out a
plan in a space where there are others, where responsibility
means something other than transcending one's own speed, or one's
own everyday life.
(4) Michael Novak, Ascent of the Mountain, Flight of the Dove: An Invitation
to Religious Studies 44 (New York: Harper & Row, rev.ed., 1978):
Humans grow, like oaks, in silence and almost imperceptibly.
We invent our identities and fashion our characters through hundreds
and thousands of tiny gestures, intonations, acts. People often
look alike, seem all the same, appear as if of equal substance;
but then tragedy, calamity, or necessity strikes and thin surfaces
are sheered away. We see, then, who stands on a base of thousands
of repeated acts, fashioned hard, firm, unyielding, and who stands
on the crumbling fungus of appearances.
(5) Roberto Mangabeira Unger, Passion: An Essay on Personality 98-99
(New York: The Free Press, 1984):
The power to treat a character as more than a fate, to open
it to revision, counts for much in determining what you can hope
for in life. Your character, left undisturbed, ties you to a
limited repertory of dealings with others as well as with yourself;
if your character is indeed an irrevocable fate, then you can
hope for no breakthrough in coming to terms with other people
and your material and moral vulnerability to them.
But this revision of character must in turn be brought about
by a subjection of the self to situations and encounters that
shake the routines of your outward life and the routinized expression
of your passions. If the reinterpretation and the reconstruction
of character is possible at all, then it is possible by laying
your self open to the surprise and pressure of circumstances
in which your habits of personal connection and of self-presentation
are at stake--whether these circumstances be lived out in actual
episodes of conflict and reconciliation or played out in memory
and imagination. The movement of character toward an acknowledgment
of enlarged possibility in self-expression and reconciliation
depends upon the results of these deliberate or involuntary experiments
in accepted and heightened vulnerability: both responses of other
people and the lessons we draw from these responses make the
difference.
Whenever the transformative experiences of faith, hope, and love
take a strictly secular form, their common ground becomes this
expanded sense of opportunity in association. Nobody rescues
himself; the path to those experiences necessarily passes through
situations of aggravated risk in the life of the passions, and
success in this pursuit requires that others not attack you at
your moment of increased defenselessness; that is to say, it
requires acts of grace by other people.
(6) William May, "Professional Ethics: Setting, Terrain & Teacher,"
in Daniel Callahan & Sissela Bok (eds.), Ethics Teaching in Higher
Education 205-241, 230-231 (1980):
Important to professional ethics is the moral disposition
the professional brings to the structure in which he operates,
and that shapes his or her approach to problems. The practitioner's
perception of role, character, virtues and style can affect the
problems he sees, the level at which he tackles them, the personal
presence and bearing he brings to them, and the resources with
which he survives moral crises to function another day. At the
same time, his moral commitments, or lack of them, the general
ethos in which he and his colleagues function, can frustrate
the most well-intentioned structural reforms.
Unfortunately, contemporary moralists have been much less interested
than their predecessors in the clarification and cultivation
of those virtues upon which the health of personal and social
life depends. Reflection in this area is likely to seem rather
subjective, elusive, or spongy...as compared with the critical
study of decisions and structures. And yet, especially today,
attention must be paid to the question of professional virtue.
The growth of large-scale organizations has increased that need.
Although bureaucracies offer increased opportunity for monitoring
performance (and therefore would appear to lessen the need for
internalized virtue), in another respect they make the society
increasingly hostage to the virtue of professionals who work
for them. Huge organizations wield enormous defensive power with
which to cover the mistakes of their employees. Further, and
more important, the opportunity for increased specialization
which they provide means that few others--whether lay people
or other professionals--know what any given expert is up to.
He had better be virtuous. Few may be in a position to discredit
him. The knowledge explosion is also an ignorance explosion;
if knowledge is power, then ignorance is powerlessness. Although
it is possible to devise structures that limit the opportunities
for the abuse of specialized knowledge, ultimately one needs
to cultivate virtue in those who wield that relatively inaccessible
power. One test of character and virtue is what a person does
when no one else is watching. A society that rests on expertise
needs more people who can pass that test.
7) Michael Maccoby, The Gamesmen: The New Corporate Leaders (New
York: Simon and Schuster, 1976):
The corporation is of course not fully responsible for the
character development of those who work there. Character is formed
first in family and school, and the type of person who chooses
to work in a corporation has some idea of what to expect. He
or she enters with character traits common to young Americans
who pass all the exams and get high grades at colleges and universities.
The corporate individual must be competitive and highly intelligent
in terms of intellectual problem-solving. But most young people
are a mixture of still-malleable attitudes. Upon entering the
corporation, they still have the chance to become more idealistic
and just or they could become disillusioned and self- serving.
The traits stimulated in the corporation will in many cases have
a decisive effect on the kind of people they become, not only
as managers, but as citizens, husbands, wives, fathers, and mothers.
(8) William Frankena, "Toward a Philosophy of Moral Education,"
in J. Strain (ed.), Modern Philosophies of Education 316, 325-27
(1971):
It seems clear that morality is a guide to life of a peculiar
sort in that it allows the individual to be, indeed insists on
his being, self-governed in the sense, not only of determining
what he is going to do, but of determining what it is that he
should do.
* * * *
But to say that a developed moral agent must make up his own
mind what is right, and not simply accept the dictates of an
external authority, is not to say that he can make a course of
action right by deciding on it, or that whatever life he chooses
or prefers to live can be claimed by him to be ipso facto morally
right or good; any more than to say that a developed rational
man must make up his own mind what is true, and not merely accept
the declarations of another, is to say that he can make a statement
true by believing it, or that whatever system he chooses or prefers
to believe can be claimed by him to be ipso facto intellectually
justified. Being autonomous does not mean being responsible to
no transpersonal standard in morality any more than in science.
In both cases one is involved in an interpersonal enterprise
of human guidance (in morality of action, in science of belief)
in which one is self-governing but in which one makes judgments
("This is right," "That is true") which one
is claiming to be warranted by a review of the facts from the
impersonal standpoint represented by that enterprise and shared
by all who take part in it--a claim which is not merely an assertion
of what one chooses or prefers, and may turn out to be mistaken.
In morality, then, as in science, we must impart to those who
come after us a certain difficult but qualified independence
or self-reliance of judgment.
(9) Stanley Hauerwas, Vision and Virtue 2-3 (Notre Dame, Indiana:
Notre Dame University, 1974):
Once ethics is focused on the nature and moral determination
of the self, vision and virtue again become morally significant
categories. We are as we come to see and as that seeing becomes
enduring in our intentionality. We do not come to see, however
just by looking but by training our vision through the metaphors
and symbols that constitute our central convictions. How we come
to see therefore is a function of how we come to be.... How we
come to see therefore is a function of how we came to be since
our seeing necessarily is determined by how our basic images
are embodied by the self--i.e., in our character.
The moral life is fundamentally the life of vision, for the task
is to see accurately the nature of the world, self, and others
without illusion.... [T]ruthful vision, however does not come
without discipline. The self must be transformed if we are to
attend honestly to how we are to live justly in a contingent
world. Such discipline is not a code of conduct but rather the
willingness to stand and accept the reality of the other without
neurotic self-regard or the comfort of convention.
Character is the qualification of our self-agency formed by our
having certain intentions rather than others. Our character is
the orientation that gives unity and direction to our lives by
forming our intentions into meaningful configurations by our
dominant convictions.
(10) Ernest Becker, The Denial of Death 56 (New York: Free Press,
1955):
The defenses that form a person's character support a grand
illusion.... He is driven away from himself, from self-knowledge,
self-reflection. He is driven toward things that support the
lie of his character, his automatic equanimity. But he is also
drawn precisely toward those things that make him anxious, as
a way of skirting them masterfully, testing himself against them,
controlling them by defying them.
(11) Michael Maccoby, The Gamesmen: The New Corporate Leaders 159-162,
167, 170, 171-173, 175-176 (New York: Simon and Schuster, 1976):
People think of qualities of the heart as opposite to those
of the head. They think heart means softness, feeling, and generosity,
while head means toughminded, realistic thought. But this contrast
is itself symptomatic of a schizoid culture, in which the head
is detached from the rest of the body. In pre-Cartesian traditional
thought, the heart was considered the true seat of intelligence
and the brain the instrument of thinking. It is more precise
to say that some kinds of knowledge require both the head and
the heart. The head alone can decipher codes, solve technical
problems, and keep accounts, but no amount of technical knowledge
can resolve emotional doubt about what is true or what is beautiful.
No amount of technique can produce courage. The head alone cannot
give emotional and spiritual weight to knowledge in terms of
its human values. The head can be smart but not wise.
The view that heart is opposed to head is also a symptom of the
socioeconomic system. Getting ahead in school and organizations
requires head but not heart, and it often happens that the people
with the most concerned hearts are craftsmen-farmers or not careerists.
It is not that they lack intellectual capacity, rather that society
does not encourage them to think critically, to analyze and invent.
They cannot move up the hierarchies of schools and corporations
to gain access to technical, theoretical knowledge. And those
few who do move up the hierarchies develop the head and not the
heart.
Thus, it appears that we must choose between head and heart or
at best find an unstable balance between them. Conventional wisdom
states that the individual who remains in his head at school
or work should act from the heart at home, as though it were
possible to switch character like suits of clothing. But we would
draw a different conclusion if work and education were organized
to develop the individual's fullest creative and critical capacities.
Considered as not separate from but integrated with the head
(and the rest of the body), the development of the heart determines
not only compassion and generosity, but also one's perception-experience,
the quality of knowledge, capacity for affirmation
(of truth or sham, beauty or ugliness), and the will to
action (courage).
The quality of perception depends on our openness to experience.
We can "see" that another person is sad or happy, but
if our hearts are open to him, we also experience with
him. Empathy and compassion, or experiencing together with another
person, are activities of an open, listening heart.
Intellect alone organizes data from and about other human beings
but it does not experience them. The knowledge available to the
detached head is laundered of emotion. The head knows by inference,
like a computer; sense data are filed into programmed categories.
The intellect may examine human problems but they are abstracted,
weightless. It must be emphasized, in a world where thought is
detached from the heart, that affirmation is not just an emotional
reaction, but an act of reason. The more we can experience reality,
inner realities as well as the external one, the more information
we have to understand the world, ourselves, others. We use our
heads fully only if our hearts are strong. This is true about
knowledge of the self as well as of the outer world, because
with a detached heart we do not experience inner strivings directly,
but can only deduce our motives.
Unlike the head, the heart is not neutral about knowledge. The
heart wills and strives. Thus, the quality of the heart...affects
how and what we know. If our hearts are full of childish strivings,
our knowledge, especially about people, will be confused and
distorted. If our hearts are weak and fearful, we will not want
to know something that confronts us with our cowardice. If our
hearts are envious, we will want to hide from the experience
of "eating our hearts out." Thus, the heart is the
seat of consciousness, in contrast to conceptualization,
which is in the head. One reason why we detach head from heart
is to avoid painful or confusing experiences of fear, greed,
envy, anger, powerlessness, but we do so at the expense of remaining
only half aware.
The detached head can neither affirm nor will. It thinks but
it cannot act. Affirmation of convictions and rejection of evil
must come from a strong and courageous heart, one that can experience
the difference between truth and sham. But the will to destroy
and to exploit others is also rooted in the heart, a hardened
or anesthetized heart, which may be connected to a technique-oriented,
option-seeking, neutral-knowledge head.
Affirmation is not a contradiction to a critical attitude. To
the contrary, a critical attitude makes us either more sure of
our affirmation or causes us to doubt it and to look for possible
reasons why we have been taken in....
Neither openness to experience nor courage to act means that
a stronghearted person is always right. The individual who can
affirm life and truth may make mistakes. We may be fooled by
illusions and wishful thinking, by a seductive, charming person,
or by misleading events. The opposite of doubt is not certainty,
but rather faith in our experience and the willingness to risk
being wrong, and worse, gullible. It is easier to take this risk
if we know that with effort we can think/experience ourselves
back to the truth. In contrast, certainty implies control and
predictability. For both the detached intellectual and the hard-hearted
fanatic, it is the facsimile of conviction. The fainthearted
look for someone else who can affirm life for them as a substitute
for their missing faith and capacity for critical reason. The
fanatical embraced idolatrous causes.
To affirm an unconventional perception or feeling and to act
courageously, independently, is based on the experience, the
conviction, that it is life-enhancing, harmonious, and right.
Note Webster's New International Dictionary's first definition
of courage, with its root in the Latin or and French coeur:
"The heart, as the seat of intelligence or of feeling...."
With a detached heart, an individual may be motivated by "guts,"
appetite, or fear. Although we sometimes use the term as a synonym
for courage, guts seems to imply the capacity to risk oneself
for a goal, whether or not it is good or just. In this sense,
both courage and guts require bravery, but courage also implies
more human qualities. Hardhearted fanatics or amoral secret agents
might have guts. Unlike the root of courage, the concept of guts
has a quality of adolescent toughness, like a strong stomach.
* * * *
The exercise of the heart is that of experiencing, thinking
critically, willing, and acting, so as to overcome egocentrism
and to share passion with other people (justice-compassion) and
respond to their need with the help one can give (benevolence-responsibility).
It requires discipline, learning to concentrate, to think critically,
and to communicate. The goal, a developed heart, implies integrity,
a spiritual center, a sense of "I" not motivated by
greed or fear, but by love of life, adventure, and fellow feeling.
A strong heart is generally merry, with a sense of humor (another
trait little stimulated in the corporation).
* * * *
The most malignant reason why the heart does not develop is
because the individual hardens his heart or, as in myths and
dreams, replaces it with stone. The heart becomes perverted as
the will is directed toward power.... Other people are used as
objects or as puppets. Even if they wanted to, hardhearted people
could not "listen" to the emotions of others because
they would find it unbearable to experience the fear, envy, hatred,
revenge they have provoked. They must surround themselves with
admirers, and admiration becomes a drug for them to blunt the
self-disgust they must repress.
For such people, repentance requires a total change of heart.
They must change their minds, intentions, and actions. This requires
the willingness to experience full self-disgust and turn to a
new path.
* * * *
From the moment a person starts treating his life as a career,
worry is his constant companion. Careerism can begin at age five,
fifteen, or later. Why do children become careerists? Parents
start the ball rolling by evaluating all their children's actions
in terms of usefulness to career. Is he smart enough? Is her
personality right? Can he sell himself? The parents, themselves
careerists, threaten the child not with punishment, but with
failure in the career market of school and workplace. In cases
of extremely anxious careerist parents, children become so frightened
they cannot learn in school.
* * * *
Careerism results not only in constant anxiety, but also in
an underdeveloped heart. Overly concerned with adapting himself
to others, to marketing himself, the careerist constantly betrays
himself, since he must ignore idealistic, compassionate, and
courageous impulses that might jeopardize his career. As a result,
he never develops an inner center, a strong, independent sense
of self, and eventually he loses touch with his deepest strivings....
* * * *
Careerism demands detachment. To succeed in school, the child
begins to detach himself from crippling fear of failure. To sell
himself, he detaches himself from feelings of shame and humiliation.
To compete and win, he detaches himself from feelings of empathy
and compassion. To devote himself to success at work, he detaches
himself from family feelings. Ultimately, to gain his goals,
he is detached from social responsiveness.
The psychological meanings of detachment require explanation.
Detachment is sometimes a self-protective necessity.... Detachment
also allows us to stand back from pain and humiliation and take
stock of ourselves objectively. In this sense, detachment implies
a temporary expedient; the individual is still capable of full
experience and is not alienated from himself.
In one form of spiritual development written about by mystics,
detachment has a totally different meaning; it implies not being
attached to things and images, including self-images. In contrast
to the careerist goals of the detached corporate manager the
spiritual aim is to overcome greed and fear and thus strengthen
the heart. Free from possessive attachments, the mystic experiences
self and others even more deeply; he is able to enjoy life more
because he is not fearful of losing what he has.
* * * *
In a fundamental sense, the goals of the careerists reflect
their tendency to construct a protective enclave for their emotions,
themselves, and their families. The corporate career becomes
the means to avoid anguish and uncertainty. But the goals of
intellectual stimulation and material comfort do not lead to
development of the heart. They tend to make the person intellectually
active but spiritually passive, emotionally stingy, and, at the
core, flabby.
(12) Jon Moline, Classical Ideas About Moral Education, 2(8)
Character (June,1981):
The world is a complicated place in which confusing moral
situations inevitably arise. Instead of being preoccupied with
moral decisions appropriate to such complex situations, we may
do better to shift our attention from the situations themselves
to the people acting in them. In particular, we should attend
to the personal traits needed to cope with moral situations that
are too complex to anticipate. And when we study those traits,
we will discover that we have a better idea of the character
traits needed for good judgment than we do of what is good judgment
about a particularly vexing moral dilemma. We have a better grip
on what it takes to be a moral problem-solver than on what a
solution to some dilemma should be.
We have greater facility in determining who has good judgment
than in deciding which judgment is right in a problematic case.
This pattern is not unique to moral matters. Aristotle remarked
that in every area, that which appears to be so to the good person--the
serious person--is thought to be really so. Aristotle says not
that the good person sees things as they are (though he would
not deny this); he says rather that things are as the good person
sees them. And this is as true in physics or botany as in morality.
It has been enormously popular to say that there are no moral
experts. But this is said thoughtlessly. Even those who say it
seek advice about hard cases; and even they regard some people
as typically foolish and others as not foolish. These critics
notice there are a few people who have a certain knack for finding
their way through very difficult moral situations without doing
the sorts of wrongs which the rest of us find so easy to do.
Indeed, the critics of the supposed established wisdoms are themselves
typically uttering the wisdom or findings of other persons, whom
they implicitly regard as their gurus. The reality is that each
of us has probably known at least one wise person--perhaps a
parent, relative, pastor, priest, rabbi, teacher, or neighbor.
Such people strike us as knowing what they are doing when the
rest of us do not. They impress us not simply as lucky, but as
having unusual insight into moral situations and unusual ability
to put their insight into practice. They are good people. They
have something enviable. We might call it judgment. Aristotle
called it practical wisdom. And he thought this trait so important
that he mentioned it in his famous account of what he virtue
is. He remarked that virtue is "settled disposition of the
mind determining choice, and it consists in observing the mean
relative to us, a mean which is determined by reason, as a person
of practical wisdom would determine it.
* * * *
How then does a person of practical wisdom--one who is judicious--see
things? A person of good moral judgment sees things, as it were,
through a certain lens. This lens puts into focus some alternatives
which otherwise escape notice. What are these alternatives? Aristotle's
implicit answer is that practical wisdom puts into focus the
extreme mistakes between which lies the excellent--or right--range
of acts. This proposition suggests that the person of practical
wisdom is typically on the lookout for what acts to avoid. Good
judgment is evidently a matter of mistake-avoidance.
There is no doubt that this sounds a bit negative. However, part
of our contemporary difficulty about character is that we have
forgotten the power of negative thinking. We have all heard people
sneer at the view that there are some things that are plainly
wrong; things that simply must be avoided. In our time, this
view is treated as evidence of a "hang-up" or a childish
reverence for "No-no's." Such sneering, if it has an
intellectual foundation, may rest on the view that thinking of
certain things as plainly wrong and to be avoided interferes
with our freedom. But this view is deeply mistaken. Why?
Paradoxically, it is just by being essentially negative, by trafficking
in "no-no's," that morality avoids becoming a tyranny.
Only such an approach leaves room for personal freedom and variation
from person to person. The philosopher Immanuel Kant assuredly
knew this. And the late Gilbert Ryle did also. Ryle remarked,
People sometimes grumble at the Ten Commandments on the score
that most of them are prohibitions, and not positive injunctions.
They have not realized that the notice "Keep off the grass"
licenses us to walk anywhere else we choose, where the notice
"Keep to the gravel" leaves us with almost no freedom
of movement. Similarly to have learned a method is to have learned
to take care against specified kinds of risk, muddle, blind alley,
waste, etc. But carefully keeping away from this cliff and that
morass leaves the rest of the countryside open to us to walk
lightheartedly in.
Notice that Ryle's point is not restricted simply to the teaching
or learning of moral precepts. It has to do with the precepts
guiding any disciplined activity whatever. He remarks,
If I teach you twenty kinds of things that would make your sonnet
a bad sonnet or your argument a bad argument, I have still left
you an indefinite amount of elbow-room within which to construct
your own sonnet or argument....
Learning English grammar is not a matter of learning what precisely
to say. Instead, it is more a matter of learning what precisely
not to say if one wishes to communicate effectively. But this
negative leaves one great latitude in deciding what one does
wish to say, and even in deciding how to say it. This feature
is typical of avoidance systems, morality included.
We are only profoundly constrained or smothered when we are enmeshed
in a system which tells us not what to avoid, but what to do.
Such a system leaves us no room. But traditional negative morality
does leave room--for freedom, for autonomy, for one's own personal
style and preference. But it is room within boundaries, space
in limits set by potential mistakes, which we avoid if we display
good judgment in practice.
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