6 - Justifying the State

Question 1

What is utilitarianism?

Answer 1

• Distinction between the good and the right

- The right action maximizes utility (happiness, well-being, pleasure, preference satisfaction)

Question 2

Who believed that we should only obey the law if it produces greater happiness than disobeying the law

Answer 2

Jeremy Bentham

Question 3

Three points of utilitarianism

Answer 3

1) Theory of the good (utility, happiness)
2) Commitment to equal concern (provide equal wellbeing to everyone)
3) Requirement of maximization: duty to produce as much good as possible

Question 4

What is the pleasure machine?

Answer 4

• Whatever is needed to be happy all of the time

- Would you plug in?

Question 5

What is the experience machine?

Answer 5

• You have to put in work to learn and grow

- Vote, engage discuss, stay involved in discourse

Question 6

Other accounts of welfare

Answer 6

• Desire satisfaction: as long as individuals are getting what they want then the state is meeting utility
• Informed desire satisfaction: educated/experienced and informed people have their desires met

Question 7

How do utilitarianism and political obligation connect?

Answer 7

-Obey the law ONLY IF doing so will produce greater happiness than disobeying (otherwise, disobey the law)

Objection: this is a law-breaker’s charter!

Question 8

What is indirect utilitarianism?

Answer 8

• Don’t justify particular activities by appeal to utility promotion
• Well-being is maximized by each of us obeying the laws

Question 9

What is the decision rule? (indirect utilitarianism)

Answer 9

Break the law if it doesn’t make you happy

Question 10

Is utilitarianism too demanding?

Answer 10

Direct utilitarianism: yes (world poverty - keep giving until it hurts)

Indirect utilitarianism: not necessarily (secure property rights can contribute to greatest happiness)

Question 11

Is utilitarianism too permissive?

Answer 11

Can require injustice (torture, slavery)

Hard-headed utilitarian reply: the benefit of increased utility trumps the lack of benefit experienced by some

Appeasement utilitarianism: the alternative could be worse

Question 12

General objection to utilitarianism

Answer 12

It fails to explain why actions are morally right or wrong - can get you the right answer for the wrong reason

Question 13

What is the principle of fairness?

Answer 13

When I receive benefits from the state, fairness requires that I take on my share of the burden, including restrictions on my freedom and obeying the law

Question 14

Benefits and burdens of the fairness principle

Answer 14

Benefits: Peace, order, and security provided by a functioning legal system

Burdens: Obeying the law

Question 15

What are free riders?

Answer 15

People who enjoy life under the law but don’t follow it

Question 16

Long-term benefits of the fairness principle

Answer 16

• Enforced laws benefit everyone
• Sacrifice in the short term that pays off in the long term
• David Hume: Make short-term and long-term interests coincide

Question 17

What is Nozick’s question? What is the answer?

Answer 17

Q: If others force benefits on me, am I obligated to reciprocate?

A: We are not obligated to obey the state because it breaks the principle of volunteerism

Question 18

Flaw of the fairness principle

Answer 18

I have a duty of fairness to do my part ONLY if I accept the benefits

Problem: How can we NOT accept the benefits the state provides?

Question 19

Why utilitarianism?

Answer 19

• Human happiness - maximizes human happiness
• Impartial concern - state seeks benefit of all in an impartial way
• Consequentialism - looks at the outcome of the event to see if it maximizes happiness

Question 20

Who discusses the principle of fairness?

Answer 20

HLA Hart