Exam Flashcards

1
Q

What is the difference between positive and negative liberty?

A

Positive liberty is “capacity to”, negative liberty is “freedom from”

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2
Q

What are seven liberal values?

A
  1. individualism
  2. equality
  3. rights and liberties
  4. equality of opportunity
  5. neutral government
  6. toleration
  7. progressivism
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3
Q

What are four liberal institutions?

A
  1. constitutionalism
  2. democracy
  3. private/public sphere distinction
  4. private property
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4
Q

Explain the utilitarianism moral theory.

A

We are morally required to do promote the good and to maximize the overall goodness. This means that the right action is the action that promotes goodness.

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5
Q

What is the connection between the good and the right, according to the utilitarianism approach?

A

The connection between the good and the right is morality. We are morally requires to choose the action that promotes and maximizes the overall good.

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6
Q

What is intrinsic value VS instrumental value?

A

Intrinsic value is a value that is good in itself (pleasure). And instrumental values are ones that are good as in means of something else (money).

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7
Q

“Only pleasure is intrinsically good and only pain is intrinsically bad.”

A

The theory of Hedonism.

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8
Q

How is justice supposed to be in conflict with the doctrine of utility?

A

Both are moral concepts. Justice is seen as a separate moral value and is morally more important than utility.

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9
Q

“There is an identifiable person who has a right to be treated a certain way who is wronged. This distinguishes justice from the rest of morality. The sentiment of justice comes from the impulse for self-defence and sympathy.”

A

Mills idea of the heart of injustice.

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10
Q

Mill thinks the feeling of injustice is an outgrowth of two sentiments. What are they?

A

Self defence and sympathy.

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11
Q

According to Mill… what is injustice? How is it related to the doctrine of utility?

A

The sentiment of justice is feeling of vengeance or retaliation.

It is related to the doctrine of utility because justice is when social institutions are arranged to achieve the greatest net balance of satisfactions.

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12
Q

“The problem with utilitarianism is that it tries to apply a principle that makes sense for an individual to society as a whole.

It makes sense for an individual to make sacrifices now for a greater good later. The utilitarian applies this to society as a whole.”

A

Rawls belief of the essential problem with utilitarian theory of justice.

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13
Q

What are 2 criticisms that Rawls makes against the utilitarian approach of justice? (There are 3 in total)

A
  1. the satisfaction of all desires count equally, even discriminatory ones.
  2. utilitarianism doesn’t take seriously the distinction between persons.
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14
Q

“Justice consists of adhering to principles that would be agreed to by free and equal individuals in an initial situation who are deciding the terms of cooperation for their mutual advantage.”

A

The social contract approach.

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15
Q

What is Hobbes’ original position? Rawls’?

A

Hobbes believes that humans by nature are selfish.
Rawls says that we are to imagine the parties to the original agreement are rational and mutually disinterested in each other.

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16
Q

What do the parties know in rawls’ original position?

A
  1. they are in the circumstance of justice
  2. general knowledge about human psychology and societies
  3. that people have a sense of justice
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17
Q

What don’t the parties know in rawls’ original position?

A
  1. class or social status
  2. age
  3. natural assets or abilities
  4. conception of the good life
  5. the particulars of our life plan
  6. features of our psychology such as risk aversion
  7. the level of civilization and culture
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18
Q

What are Rawls 2 principles of justice?

A
  1. each person is to have an equal right to the most extensive scheme of basic liberties compatible with a similar scheme of liberties for others.
  2. social and economic inequalities are to be arranged so that they are both a) reasonably expected to be at everyone’s advantage and b) attached to positions and offices open to all
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19
Q

Rights, liberties, opportunities, income, wealth, and the basis of self-respect. These are things that promote and facilitate the notion of the good life.

A

The theory of a primary social good.

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20
Q

2 strategies Rawls believes parties in the original position would use when bargaining about which principles of justice to choose.

A
  1. imagine that the parties begin by considering an equal distribution of social goods.
  2. adopt the maximin rule: maximize the minimum.

the parties should bargain from the assumption that their worst enemies will decide their position in society.

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21
Q
  1. priority of liberty: basic liberties can be restricted only for the sake of liberty
  2. priority of justice over welfare: fair equality of opportunity is prior to the difference principle
A

Rawls priority rules

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22
Q
  1. begin at original position
  2. see what principles of justice fall out
  3. check to see if these principles match our considered convictions (that racial discrimination and religious tolerance are intolerable)

if there is a conflict between principles and our considered judgement, we do one of 2 things:

  1. adjust the original position to get principles that match our considered judgements
  2. change our considered judgements
A

Reflective equilibrium

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23
Q

What does Nozick think is wrong with Rawls’ theory?

A

Fails to recognize entitlements to holdings based on historical considerations

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24
Q

The 3 topics of justice in holdings.

A
  1. justice in acquisition
  2. justice in transfer
  3. rectification
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25
Q

“We acquire rights to unowned objects by mixing our labour with them.”

A

Nozick’s Lockean view of justice in acquisition.

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26
Q

What are the 3 parts to the Entitlement theory?

A
  1. a person who acquires a holding in accordance with the principles of justice in acquisition is entitled to that holding.
  2. a person who acquires a holding in accordance with the principles of justice in transfer, from someone else entitled to the holding is entitled to that holding.
  3. no one is entitled to a holding except by repeated actions of 1 and 2.
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27
Q

In what way does Cohen think capitalism constrains freedom?

A

Everyone may have the right to work or not to work but the power matching this right is differentially enjoyed.

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28
Q

What are communitarian theorists?

A

they believe that liberal theorists fail to recognize value of community, and the importance of community values to our understanding of ourselves.

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29
Q

What is the unencumbered self?

A

The idea that I am a thing that is totally separate from my purposes and ends.

The Kantian self that bargains from behind the veil of ignorance.

Is not encumbered by particular beliefs, desires, commitments, loyalties, etc.

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30
Q

What does Sandel think are 3 problems from Rawls priority of the right over the good?

A

Because the liberal conception focuses on rights and concentrated power.

  1. It assumes that we are unencumbered but we cannot and should not be this.
  2. It is anti-democratic.
  3. It undercuts the kind of community on which it depends
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31
Q

Why does Okin think that the traditional family is not just under Rawls’ principles of justice?

A
  1. the division of labour: problem with equal opportunity
  2. opportunity to hold political office
  3. self-respect
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32
Q

What does skin think parties behind the veil of ignorance would agree to with regard to families and gender structure in society at large?

A
  • behind the veil of ignorance, parties would minimize gender to the extent to which we could
  • we would need to build carefully protective institutions for those who wish to follow gender-structured modes of life

Provisions for Traditional Marriages:
-equal legal entitlement of all earning coming into the household

33
Q

What is the difference between ideal theory and non ideal theory?

A

Ideal theory derives principles of justice for a well-ordered society.

Non ideal theory concerns principles of justice in situations of partial compliances and historical injustice. Rectification plays a big role.

34
Q

3 reasons that a democratic process is perceived to be a social ideal

A
  1. treats everyone equally
  2. prevents oppression and promotes freedom
  3. provides a fair way to solve moral disagreements to allow for social cooperation
35
Q

What are 3 forms of democracy discussed in guttman and thompson’s paper?

A
  1. procedural democracy
  2. constitutional democracy
  3. deliberative democracy
36
Q

Describe procedural democracy

A

the majority decides
-the right outcome is whatever results from fair democratic procedure

PROBLEMS: can’t protect vital interests of individuals, can’t protect liberty of minorities.

37
Q

Describe constitutional democracy

A

majority decisions should be constrained by constitutional rights and liberties

PROBLEMS: there is no principled way of dealing with interpretive disagreements

38
Q

Describe deliberative democracy

A

where political institutions include extensive deliberation and that provide forms for public deliberation

democratic are only legitimate when they result from extensive public discussion and deliberation

39
Q

What are the 6 benefits to deliberative democracy

A
  1. makes the hard choices of government more acceptable to citizens
  2. encourages citizens to take a broader view of issues
  3. help to clarify moral conflict
  4. takes seriously the incomplete understanding that characterizes the moral conflict
  5. expose majoity positions to criticism and gives minorities an effective way to persuade majorities
  6. arrive at a consensus view that merges minority and majority perspectives
40
Q

What are 2 risks of deliberative democracy?

A
  1. once moral sensibilities are engaged people may be less willing to compromise
  2. how do we prevent the form from including unreasonable moral claims?
41
Q

“A system of government in which political power is not distributed to all eligible citizens equally, but in accordance with their ability to make good decisions.”

A

Epistocracy

42
Q

The better model for collective decision making

A

plural voting

43
Q

6 reasons why Mulligan doesn’t think we should use voting exams

A
  1. historically problematic
  2. how do we determine what is on the exam
  3. how do we evaluate the answers
  4. ripe for abuse
  5. expensive to set up and maintain
  6. imposes costs on citizens and would shrink the electorate
44
Q

What method does mill think we should use to decide voting competencies?

A

probability theory and past voting data to determine competencies

45
Q

“Historical communities, concentrated in a territory or homeland, sharing a distinct language and culture.”

A

National Minorities

46
Q

“Composed of recent immigrants who want to integrate, but also want to preserve certain aspects of their culture.”

A

Polyethnic groups

47
Q
territorial autonomy 
veto powers 
guaranteed representation in central institutions 
land claims 
control over education 
control over immigration or migration 
language rights
A

Aspects of group differentiated rights?

48
Q

public holidays, state symbols, flags, motto, uniform, etc. advantage some cultural groups and disadvantage others.

This _____ group should be given accommodations, exceptions, support for cultural and language programs

A

Aspects of polyethnic rights

49
Q

What is benign neglect?

A

liberals should be neutral about the conception of the good
we should not promote any particular way of life
we don’t need cultural rights, just liberal rights for individuals
we should allow the ‘cultural market place’ to sort it out

50
Q

Talk about the equality argument

A

the cultures of national minorities should be equally supported so that nobody’s own culture can be the context of choice
also supports the polyethnic rights

51
Q

What is the historical agreement?

A

national minorities should be given group differentiated rights because they follow from historical agreements.
-state authority over national minority groups flows from & is limited to these agreements

52
Q

What is the historical agreement?

A
  • national minorities should be given group differentiated rights because they follow from historical agreements.
  • state authority over national minority groups flows from & is limited to these agreements
53
Q

4 problems with historical agreement

A
  1. agreements are often unfair and uneducated
  2. isn’t available for groups who didn’t sign an agreement
  3. provides a right of non-interference, but not of support
  4. doesn’t support polyethnic rights
54
Q

“group differentiate rights benefit everyone (even majority culture) because diversity enriches our experience and expands our cultural resources.”

A

cultural diversity argument

55
Q

what are the 2 possible problems with the cultural diversity argument

A
  1. protecting national minority might reduce diversity

2. the benefits for majority members don’t compensate for harms

56
Q

“The reasoning that makes sense immigration control (protecting national cultures) also makes sense of group differentiated rights for national minorities.”

A

Analogy with states argument

57
Q
  1. groups are socially constructed. we should be able to question their value
  2. there are divisions within groups (who gets the rights?)
  3. we should worry about subgroup domination
A

Kukathus on group rights

58
Q

How does Kukathus think a liberal state should support minority cultures?

A

we can protect groups without group rights
individual rights to free association and disassociation are all we need
individuals should be free to join whatever group they want, even an illiberal group
liberal values are protected provided everyone has the right to disassociate

59
Q

explain the idea of an internal minority group

A

homosexuals within a religious group, subgroups of First Nations people, English speaking people from Quebec

60
Q

“over throw the state” vs “restrict the jurisdiction of the state. to be removed from the states authority and to claim territory”

A

revolution vs secession

61
Q

Explain pro-secession for protecting liberty

A

we should be able to do what we want provided it doesn’t harm others. if people from a certain region want to secede, a liberal state should let them

62
Q

Explain pro-secession from furthering diversity. What does buchanan think is a problem with this argument?

A

“diversity is good. if diversity is good, then more of it is better. secession should be permissible because it increases diversity.”

63
Q

Explain pro-secession from preserving liberal purity

A

recognizing a right to secede can ease the liberal paradox by providing a way to protect liberal institutions without betraying liberal principles.

-the liberal paradox is that a liberal state might need to betray its own values to remain liberal

*** soft paternalism: a state may resist secession if the purpose of the secession is to form an illiberal state that will not allow free exit

64
Q

Explain pro-secession from escaping discriminatory redistribution.

A

the implementation of taxation schemes or regulatory policies or economic programs that systematically work to the advantage of some groups while benefiting others in morally arbitrary ways gives the disadvantaged groups a right to secede.

basques: they pay 3x’s tax of what is spent in their region
baltic states: their environment is polluted for the good of other regions

65
Q

Explain pro-secession from enhancing efficiency

A

secession is justified if it is Pareto optimal (if it makes some people, at least 1, better off and no one worse off).

Best case: everyone is better off
2nd best: the seceding group is better off while the remainders are no more worse off
not supported: the secessionists are better off and the remainders are worse off

66
Q

Explain pro-secession from pure self determination

A

every ‘people’ is entitled to its own state. political and cultural or ethnic boundaries must, as a matter of right, coincide.

67
Q

Explain pro-secession from preserving cultures. What are the 3 limitations buchanan thinks?

A

since cultures are valuable to individuals, secession is justified if it is needed to preserve a culture.
-participation in culture is an important part of a good life

  1. there may not be space for EVERY culture to have a territory
  2. some cultures shouldn’t be protected
  3. the argument is weakened if there are other ways t preserve the culture
68
Q

Explain 2 versions of anti-secessionist argument from self defence.

A
  1. the ultra-survivalist version: a state may resist secession if doing so would make it vulnerable to physical destruction of its populace or wealth or assimilation by a seriously unjust state.

2.

69
Q

Why might one be afraid of anarchy from secession?

A

there is no end to secession. eventually, there will be no state at all.

70
Q

2 factors for preventing wrongful taking:

A
  1. lost investments

2. stolen territory

71
Q

anti-secessionist argument from distributive justice

A

state may resist secession by a wealthy territory seeking to end its contributions to poorer territories

-if redistribution exceeds the demands of distributive justice, it is discriminatory redistribution.

72
Q

“the movement of a person(s) from one state into another for the purpose of temporary or permanent settlement:

A

immigrant

73
Q

“a person fleeing their country of nationality as a result of a well founded fear of persecution or violence.”

A

refugee

74
Q

principle of freedom for open borders:

A

if freedom is important value, then there must be weighty reasons for restricting it. We are all free to movement, leaving unjust regimes, buying & selling labour, freedom to associate

75
Q

principle of humanity for open borders:

A

We have an obligation to treat people humanely by allowing them to pull themselves out of poverty. If migration is the best way to improve someones life then we must have weighty reasons to restrict open borders.

76
Q

Basic vs Bare freedoms according to Miller:

A

Basic: marriage
Bare: to choose whomever we want to marry

77
Q

Why does Miller think that concerns about distributive justice do not give us a good reason to have open borders?

A

it isn’t clear that justice requires equal opportunity to pursue life’s goals or just the protection of basic rights to security, freedom, resources, etc.

  • some inequalities in opportunities between communities are the result of community choices
  • open borders will not help the poorest people who are too poor to move and will lose access to professionals
78
Q

2 arguments for preserving culture:

A
  1. culture is important for achieving/supporting social goals
  2. is important for people to see themselves as bearers of an identifiable cultural tradition that stretches backwards and historically.
79
Q

Miller’s argument for population control and limiting open borders

A
  1. global: no limits on borders gives incentives for nations not to implement policies of population control
  2. national: worries about the impact on housing, congestion, access to open space, etc.