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BPE Midterm > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

What is negative justification?

A

“We choose this because we cannot think of anything better.”

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2
Q

Why did Locke disagree with the justification of the state?

A

people are naturally independent - if something has power over someone then they must consent to it

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3
Q

What is utilitarian theory

A

we should aim to maximize the total sum of happiness in society

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4
Q

What is the utilitarian argument for the state?

A
  1. it can provide more total happiness than any alternative - consenting to it doesn’t matter if it max’s happiness
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5
Q

What did Jeremy Bentham think about autonomy and happiness?

A

Bentham primarily valued happiness OVER autonomy

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6
Q

How did Locke define political power?

A

the right to make laws and enforce punishment

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7
Q

What do all / most states have in common? (2 things)

A
  1. A legitimate monopoly of violence/coercion so that people follow the law.
  2. A state protects everyone within its borders
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8
Q

According to Max Weber, why do we accept the state a monopoly to legitimate violence?

A

in exchange for protection we sacrifice autonomy

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9
Q

The task of justifying the state is often said to be the task of …

A

proving that there are universal political obligations

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10
Q

what do political obligations refer too?

A

duty to the state, obeying the law, fighting for the state, behaving patriotically (OBEYING THE LAW)

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11
Q

obeying the law because it is a law and there is not a moral obligation to do so is called a

A

political obligation

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12
Q

Justifying the state usually means

A

Proving that there are universal political obligations

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13
Q

Give an example of when law and morality coincide

A

people are usually opposed to murder and it’s also illegal

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14
Q

Locke had the idea that political power cannot be exercised over someone unless

A

they have consented to it

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15
Q

What is voluntarism?

A

Locke’s idea - consenting to the state to be politically obligated

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16
Q

Even if people are better off with the existence of the state, what would Locke say about political obligation?

A

People only should follow political obligations if they consent to it

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17
Q

What are the twin universal demands to justifying the state?

A
  1. Every person must be politically obligated (obey the law)
  2. Everyone must consent to the existence of the state and forfeit their natural autonomy for the collective betterment of society
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18
Q

What is the social contract theory?

A

People give up complete autonomy in the state of nature and allow a state to exist in exchange for peace and protection

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19
Q

In which two cases is consent to be governed obviously given?

A
  1. When you vote
  2. Participatory democracy , both these instances satisfy both demands of justifying the state
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20
Q

What is tacit consent? (in terms of consent to be governed)

A

by quietly enjoying the protection of the state and it’s other benefits people are tacitly consenting to being governed

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21
Q

What did David Hume have to say about tacit consent?

A

tacit consent is a shit argument for the justification of the state because there is no way for people to withdraw, so they are forced to consent

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22
Q

Explain the hypothetical contract to governance argument?

A

This argument tells us that if we found ourselves without a state, hypothetically we would collectively find it rational to form a state as soon as we realized how miserable life would be without it

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23
Q

A good way to figure out your relationship with something is to:

A

imagine your life without it

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24
Q

What are the limitations to the hypothetical contract argument?

A

hypothetical contract you still have not consented to governance

and only realized that life is better with government

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25
Q

What is meant by Universalism

A

EVERYONE has political obligations

26
Q

What is the modern anarchist position?

A

people must completely consent to governance

27
Q

What do Anarchists believe about law?

A

we don’t need it because morality already requires it

28
Q

If we accept the anarchist argument the only reason we have to obey the state is

A

fear of punishment

29
Q

The philosophy of anarchy is that

A
  • a responsible citizen should not blindly follow the law
30
Q

extreme end of anarchist belief

A

one should not obey the law unless it perfectly acccords with ones moral judgement

31
Q

what is the fundamental theorem of utilitarianism?

A

the morally correct action in any situation is the one that brings the highest sum of utility

32
Q

What is the problem of interpersonal comparison of utility

A

it is impossible to compare and measure happiness because what is true for some individuals is untrue for others

33
Q

to take utilitarianism seriously you need to be able to

A

quantify utility - for simplicity we use happiness

34
Q

What did Jeremey Bentham say about obeying rulers

A

Only obey them so long as the benefits of doing so outweigh the costs

35
Q

How does utilitarian logic sanction law breaking

A

so long as increasing your happiness through robbing someone increases more than theirs decreases

36
Q

Jeremy Bentham’s position of the utilitarian justification of the state (3)

A
  1. Laws should be passed if they contribute to more human happiness than competing laws or the absence of laws would do
  2. The state and the state of nature are the only two alternatives we have
    Therefore:
  3. We have a moral duty to bring about AND support the state
37
Q

Explain the scapegoat objection to utilitarianism

A

it will hypothetically bring more happiness to society to falsely imprison innocent men for a terrorist attack if it brings artificial peace of mind to the populace.

38
Q

What is the consequence to the scapegoat objection?

A

It is morally correct to punish the innocent

39
Q

Ultimately utilitarianism is does NOT fully justify the state

A

because of the scapegoat objection will lead to a chaotic society and less utility

40
Q

What is the modern anarchist position?

A

an individual has to completely consent to governance

41
Q

What do Anarchists believe about law?

A

Often times, morality independently requires what the law requires, so we don’t need the law.

42
Q

If we accept the anarchist argument the only reason we have to obey the state is

A

fear of punishment

43
Q

The philosophy of anarchy is that

A

no government

44
Q

extreme end of anarchist belief

A

one should not obey the law unless it perfectly acccords with ones moral judgement

45
Q

what is the fundamental theorem of utilitarianism?

A

the morally correct action in any situation is the one that brings the highest sum of utility

46
Q

to take utilitarianism seriously you need to be able to

A

quantity utility - for simplicity we use happiness

47
Q

What is the problem of interpersonal comparison of utility

A

it is impossible to compare and measure happiness because what is true for some individuals is untrue for others

48
Q

What did Jeremey Bentham say about obeying rulers

A

Only obey them so long as the benefits of doing so outweigh the costs

49
Q

How does utilitarian logic sanction law breaking

A

so long as increasing your happiness through robbing someone increases more than theirs decreases

50
Q

Jeremy Bentham’s position of the utilitarian justification of the state (3)

A
  1. Laws should be passed if they contribute to more human happiness than competing laws or the absence of laws would do
  2. The state and the state of nature are the only two alternatives we have
    Therefore:
  3. We have a moral duty to bring about AND support the state
51
Q

Explain the scapegoat objection to utilitarianism

A

it will hypothetically bring more happiness to society to falsely imprison innocent men for a terrorist attack if it brings artificial peace of mind to the populace.

52
Q

What is the consequence to the scapegoat objection?

A

It is morally correct to punish the innocent

53
Q

Ultimately utilitarianism is does NOT fully justify the state

A

because of the scapegoat objection will lead to a chaotic society

54
Q

How to fix utilitarian theory

A

Grant people individual rights for example - not to be punished unless truly guilty

55
Q

What is the principle of fairness (in justifying the state)

A

Anyone who gains an advantage from the state has a duty of fairness to be politically obligated (follow laws and pay taxes)

56
Q

What did HLA Hart say about the principle of fairness?

A

Hart’s principle is that EVERYONE benefits from the existence of the state and therefore it follows that in fairness to everyone else each of us should obey the laws of the country.

57
Q

What does Hume say about following the law?

A

obeying law in long run is in everyone best interest = utility max thru societal prosperity

58
Q

Hume points out: if it is in our best interest to obey the law, WHY do we need to be forced into obedience over fear of punishment?

A

His answer is that humans are irrational

59
Q

Hume’s view: even though it is in our best interest to obey the law

A

we are more likely to prefer the short-term lesser benefit which will come from disobedience

60
Q

In Hume’s view, how can we make obeying the law a short term AND long term interest?

A

FEAR OF PUNISHMENT! In the long run obeying the law = prosperous society, in the short run obeying the law = not going to ja

61
Q

Explain the fairness principle

A

anyone who benefits from society has a moral obligation to consent to the state because it would be unfair otherwise

62
Q

Flaw of the fairness principle and consent theory

A

we cannot stop the acceptance of the benefits of living under the state from becoming automatic

BPE Midterm (6 decks)

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