Chapter 2

Question 1

What are the two features of the ideal state?

Answer 1

1. State possesses a monopoly of legitimate violence
2. The state offers protection to all within its territory.

• right to make laws, with the right too to punish those who fail to obey them.
• force , violence or coercion is seen as the state’s business (either directly (police, law courts) or indirectly (via citizens, ex. self-defense))
• responsibility to offer protection from illegitimate forces to everyone that resides in its territory. This is the reason the state has been granted its monopoly of force

a. Self-defense serves you, but it also serves the state.
b. During a war, the state will be granted the right to apply special measures (related to force/violence) in order to protect the citizens living within its borders.

Question 2

According to the social contract theory, can people consent to whatever they want?

Answer 2

No, people cannot consent to whatever they want to according to the social contract.

Keywords: boundaries, well-being, moral limit
Eg. Slavery, human traffic, raping, etc, are some of those boundaries. We can’t consent to these things.

Question 3

What is the express consent? What is the problem with it?

Answer 3

The fact to actually express our consent (ex. physical contract to sign). Problem: Did anyone ask you to consent to the government?

when did we consent to it? When did we accept it? Did we sign somewhere? Did we say it out loud? Did someone ask us to consent to our government?\

Voting, abstaining ourselves from voting or voting against the government may be a claim against the system.

Question 4

What is the tacit consent? What’s the problem with it?

Answer 4

Tacit consent: Enjoying the protection and benefices of the state is tacit consent. Problem: Can those who dislike the benefits of the state truly choose to leave?

(residence = consent)
Political obligations can be created from tacit consent

Eg.owner of LV bag, unfree because of family or goods

Question 5

What is the hypothetical consent?

Answer 5

The hypothetical consent is the idea that we would have signed the contract anyway.

rational, well informed

ancestors

Question 6

According to direct utilitarianism, should people always obey the law without exception?

Answer 6

No, people can break the law when time is great.

maximize the total sum of utility

steal some food, Bentham

Question 7

How does indirect utilitarianism apply to evaluate an action as right or wrong?

Answer 7

1. Choose the relevant law.
2. Determine if the action obeys the law.

what would happen, contributes more to human happiness than any feasible competing arrangement.

someone who is hungry and wants to steal an apple in a market.

Question 8

What is the problem with the utilitarian justification for the state?

Answer 8

Utilitarianism permits enormous injustices.

happiness of a society will always be worth more than the well-being of a few people. Lies will be proclaimed in order to respect that idea. And a few people will be either forgotten, isolated

‘The Ones who Walk Away from Omelas’
Bombardier Case

Question 9

What is Hart’s justification for the obligation to obey the law?

Answer 9

It is unfair to enjoy the benefits of the state without accepting the necessary burdens that help produce those benefits.

Theory of fairness

Beer eg. or mask eg.

Question 10

Why does Hume believe everyone benefits from the existence of the state?

Answer 10

Each of us will profit if we live in a society governed by justice.

long-term

‘Good Samaritan Law’, (ex. driving high) help someone who is in danger, you won’t be punished for the other thing you did