Jurisprudence T1 --- Theories of justice

Question 1

How does Bentham’s utilitarianism oppose minority-interest rulings?

Answer 1

1. utilitarianism acts in a consequential nature
2. Actions are determined by what outcome are achieved
3. Hence minority interests are disregarded when there is a maximisation of aggregate good of individual actions

Question 2

What does it mean that Bentham’s utilitarianism is “dually monistic”?

Answer 2

1. It means that this theory boils down into 2 cores — which is pleasure and pain.
2. Bentham argues these are the basis for human actions and decision-making

Question 3

Why does Bentham reject natural rights, and what implications does this have for utilitarianism?

Answer 3

1. He argues that rights are not inherent or naturally existing but are created and granted by law within a society.

Question 4

How does Rawls define justice?

Answer 4

Justice is fairness

Question 5

What, according to Rawls, are the principle of justice? What relationships do they have?

Answer 5

1. Liberties Principle: Each person is to have an equal right to the most extensive basic liberties compatible with similar liberties for others
2. Difference Principle: Social and economic inequalities are permitted only if they benefit the least advantaged members of society
3. Liberties principle has a lexcion priority over difference principle

Question 6

How does the original position function?

Answer 6

1. It is when people are in an “original position,” they are behind a “veil of ignorance” where people lack knowledge on personal attributes
2. Rawls believes this allow for impartial decision-making aimed at securing fair terms of cooperation and equal opportunities
3. As a result, society is driven by rational-decision making

Question 7

How does Nozick’s libertarianism address the role of the state, and what does he view as its primary functions?

Answer 7

1. The state has a minimal role (night-watchman state)
2. its functions are only limited to national defense, operating contracts and operating the judiciary

Question 8

How, in Nozick’s view, should other functions of state be oprated?

Answer 8

1. They are operated by the private sector — including private philanthropy

Question 9

What are Nozick’s three guiding principles of just entitlements, and how do they apply to resource allocation?

Answer 9

1. -Principles of acquisition: they determine the circumstances which persons are able to acquire ownership of previously unowned resources
2. Principles of transfer: they determine the methods regarding the transfer of ownership
3. Principles of rectification: they determine what to do when property has been acquired fraudulently/law enforcement

Question 10

In what ways does Nozick emphasize individual rights as preceding any legal or political institutions?

Answer 10

1. Self-ownership: everyone have full control over their own bodies, abilities, and labor, and, therefore, the right to use these as they choose
2. Minimalist state: the state should have minimal involvement to ensure freedom
3. Entitlement Theory of Justice: as long as just methods are used to exchange holdings, their holdings are legitimate regardless of inequality
4. redistributive policies, such as taxation are slavery. They compel individuals to part with resources they have rightfully earned
5. Patterns: hinders freedom as well