Exam 2 Flashcards
Contemporary View of Natural Law
Universal
Equal
Non-transferable
Natural
Normative Theories
Nonconsequentialist Theories
Natural Law
Aristotle: humans have a nature, purpose and function
Stoics: humans have universal reason and can perceive natural law thus should act on it
Thomas Aquinas: we have a rational nature that comes from God; real laws are universal and unchanging
John Locke: humans are equal; we all have same rights
Problems with Natural Law
How do you interpret nature?
Do humans have more rights than animals? Should we?
Virtue Ethics
Not about doing but being
Aristotle: what traits are best? Answer lies between excess and deficiency
‘Golden Mean’
Modern View of Virtue Ethics
Character traits are more important than morality
Community
Life is spontaneous
Carol Gilligan: ethics of care
Problems with Virtue Ethics
No real guidance in any particular situation
Justice
Distributive Justice
Justice: fairness, equality, desert, rights
Distributive Justice: distribution of fairness on a society ; can depend on economic system status
Libertarianism
Modern Liberalism
Justice is in the process, not end state
Individualism
Laissez Faire
Negative Right: freedom from regulation
Tries to combine elements of capitalist and socialist systems
Attempts to balance efficiency with a more just outcome
Capitalism
Individual or business owns capital
Market economy
Meritocracy
Rational self interest
Socialism
Justice is found in the end not process
Government/ public ownership of property
Efficient less important than equality of outcome
Positive Rights: right to housing, job, education
Robert Nozick
Libertarian
Equal Opportunity
Entitlement Theory: 1. Acquisition of holdings
- Transfer of holdings
- No one is entitled to a holding except by applications of steps 1 + 2
Fraud and coercion are unjust
Influenced by Locke: right to your property
Problems with Entitlement Theory
Who decides if it is just?
Nozick supports equality but doesn’t recognize that we are different
No rectification principle
Are free markets just?
Property is broad
John Rawls
A Theory of Justice Book
Influence by social contract theory
Apply veil of ignorance
Leads to: 1. Principle of Equal Liberty- equal rights
2. Difference Principle- greatest advantage to the least benefited
Nature is arbitrary ; Justice abhors arbitrariness
Moral Justification
We have a natural right to property
Utilitarian Grounds
Capitalism is more efficient and leads to a greater food for more in society
