Autonomy and Authority (Wolff, Kant, Raz, Finnis) Flashcards
Definition: Authority (AR)
WOLFF: Right to command and right to be obeyed, duty to do something simply because we’re told to do so as order is the reason of action. (Not persuasion) #50shadesofgrey
Definition: Autonomy (AM)
KANT: Self-legislation (Freedom and Responsibility).
WOLFF: Not subject to will of another; duty to never do something simply because we’re told to do so.
Reasons We Acknowledge Authority
C: Conditioned to respond (i.e. people in uniforms).
A: Acquisition via expertise.
T: Tradition.
Reasons AR and AM are Incompatible
WOLFF: AR - Duty to do something simply because we’re told. AM - Duty to never do something simply because we’re told.
WOLFF: AR - Right to rule. AM - Primary obligation is refusal to be ruled.
Definition of Philosophical Anarchism
State’s commands don’t have binding moral force; no moral obligation to obey state’s commands.
Counterarguments to WOLFF
KLETZER (Man’s got nice hair): If Wolff is right, then no contract could never be binding as it would be against autonomy.
ANARCHISTS: What happens if individuals come together and decide to follow rules?
Reasons AR and AM are Compatible
Coercion / Autonomy is not the ONLY obligation / Dependency.
Voluntarist: Will theory / Social contract.
Non-Voluntarist: Associative duty / Instrumental justification / Coordination.
Explain: Coercion makes AR and AM Compatible
Methods of coercion or incentives like tax or penalty gives individuals a realist or practical reason to follow authority.
ISSUE: Big difference between tax and penalty, because penalty is meant to deter X rather than allow X but price is prison. So deterrence must be based on authority.
Other Obligations which makes AR and AM Compatible
Natural duties? In some cultures obligation to obey one’s parents is fundamental in order to be a part of that culture. #asians
Explain: Dependency of AM on AR
Development of AM as a capacity can require AR: I.e. compulsory education (Draw examples on family law).
Explain: Will Theory
X can consent to give away AM to AR. (I.e. consent to working > 48h per week)
Explain: Social Contract
Group of people collectively enter into contract with AR to obey AR. (People moving to Canada agree to follow Canadian laws i.e. drinking maple syrup for breakfast, before they enter the country).
ISSUE: What about people born in Canada?
Explain: Associative Duty
Consent not needed, duties deriving from simply being in a relationship with someone. (PR of mom to child) While this violates AM other factors are also important.
Explain: Instrumental Justification (RAZ)
1) Dependence Thesis: State should only legislate if the objective relates to you.
2) Normal / Instrumental Justification: State has EXPERTISE in providing a service to you. The service is to balance the advantages and disadvantages of what you want to do with better reasons. (Driving as fast as you want vs. ensure everyone is safe). Then legitimate authority arises.
3) Preemptive Thesis: As a result of above, the state replaces your own reasoning.
Explain: Coordination
RAZ: Legitimate AR can arise when we coordinate action for the common good. (Driving on same side of road)
FINNIS: Coordination requires AR - AR needs to compromise between efficiency of coordination and granting people their autonomy.
