Lecture 4 Flashcards

Preventive justice

1
Q

Hume major statement

A

The real is what u sense

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2
Q

Benthom expand this to empirical system of morality

A

True

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3
Q

Values are social else they are personal desires

A

True

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4
Q

Moral values are higher because they prevent u from doing bad

A

love of god
love of honor
love of friends
love of justice

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5
Q

Temptation is the simple division of pleasure over risk

A

true

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6
Q

Guilt (Mill)

A

when u feel responsible for pain , which is pain in consciousness

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7
Q

what is justice on the ground of pleasure and pain (Mill)

A

U need to have a very well defined criminal and very well defined victim

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8
Q

Mill says

A

It is only because you have an instinct of survival that we need to protect ourself for happiness.
The origin of right is life (right come from life )
law of living to stay alive

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9
Q

Origin of right is life

A

True (Which solves the problem of doctor and family and player)

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10
Q

How to conceive a system of justice

A

Foundation of justice take vengeance , but not by reciprocity but by giving advantage to the victim (preventive justice)

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11
Q

Vindictive justice *reciprocity”

A

Take vengeance from the victim

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12
Q

why there was vindictive justice

A

In order to frighten the population (in order for them not to rebel in order to control the population because the regime is external to the population)

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13
Q

Moving from vindictive justice to preventive justice

A

the preventive justice regime is used to support the economical system ( for productivity) (we want to prevent crime)

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14
Q

Points of preventive justice

A

1) rule of preventing people from doing the crime by teaching that they will be imprisoned for the rest of their lives for example
2)point of conviction (people need to understand why they are punished and why they got this punishment ) (Stealing because of business vs stealing because of hunger)
he is not condemned he is convicted

3) every time u punish u look at the reason not at the act because u want to prevent crimes of similar reasons

The problem if you dont have reasons, can we punish you? (here we bring shrinks to see if he/she is crazy)

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15
Q

Principle of introspection

A

shrink know the criminal from the non criminal

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16
Q

Questions of the quiz

A

1st : explain what are motives and how we can have values out of motives
2nd: explain what is temptation and why we have moral dilemmas (u must include virtue) U need
3rd :explain difference between Mill and benthom (quatitative and qualitative) of principle of utility
4th : explain difference between harm and offense and why we need principle of harm
5) explain difference between vindictibve and preventive justice

17
Q

Question 1: Explain what are motives and how we can have values out of motives

A

the sensitive determination of the faculty of desire,example, i am hungry, i wann eat to avoid pain of hunger (why do iwanna eat is motivation). There are different types of motivations/interests/desires:
Physical
sympatatic
moral
political
religous
In the physical motivations you have for example:
Interest of the palate(what you eat)
Interest of Sexual pleasure
All the motivations are neutral (neither good nor bad).Depending on the consequence you will have good or bad.
See your neighbor stealing, you go to police to report him.In the example of stealing (if you report out of love of justice, it will be better because you will be more probable to report more and more) (Higher tendency to report).
There are somethings called values.
Respect your parents
Love justice
Motives that essentially prevent bad actions are called values, u report a steal criminal because u love justice (value) (U will report more)
Values are attributed by the society not by individuals
How can u know if pleasure or motives is negatively or positively appreciated by the society
How can u know if pleasure or motives is negatively or positively appreciated by the society.
Moral values motives that essentialy prevent bad actions and are appreciated by society and giude urself (loyal, u wont cheat on urwife even if u have a good oppurtunity.

Points to discuss : Definitionand characterication/example/neutral inthemselves/dependingonconsequences/values/how to know if motives are attributed positively or negatively coonotatins/ moral values guide urself

18
Q

explain what is temptation and why we have moral dilemmas (u must include virtue) U need

A

Temptation ( struggle between two pleasures).dEf :inclination to harm
when u have a seducing motive (having sex with girfriend of a friend) divided by occassional motives (friend is traveling friend and she is in agreement no risks) versus confronting motives ( values love of justice, love of justice )
Virtues: capacities allowing to exercise an effort in view of a greater good to a lesser one
Fortitude (neutral) (enduring pain to achieve a greater good ghandi vs hitler)
types of virtue/will (neutral)
fortitude: capacity to endure pain in order to achieve a goal (neutral ) (hitler vs ghandi)
Depending on consequences you will have good/bad
long run
open relationship

19
Q

explain difference between Mill and benthom (quatitative and qualitative) of principle of utility

A

Benthom definition of principle of happiness: practical principle stating that the goal of all actions is to achieve the greatst happiness for the greatest number
Married couple wanna have third partner.
What could happen in reality if we say the happiness for the biggest number.Biggest number for his happiness inflect pain on the smaller numbers (like hitler)
That is why we say benthom is quantitative utilitarianism.it works on specific cases (buying a car, you see pros and cons).Mill (student of benthom) improved utilitariansims.Greatest happiness for greatest number is not quantitative, you need to understand happiness.What is happiness(Mill)State of pleasure that bypasses state of pain and is stable (end of mean)To understand happiness you have 3 things
1)The motive of the action (desires)
2) The end (goal) of action (always of pleasure
3) In between you have ( the means) (Intentions -the what)
Happiness is an end itself not a mean to an end.True (happiness is not a mean).A happy society is a society where all means are ends.What you choose freely is what you love and it will be what will bring you happiness

20
Q

explain difference between harm and offense and why we need principle of harm

A

Harm is not offense.If you whistle when a nice lady passes (offenses but not harmful)i am coming at night drunk with 2 prostitutes , my neighbor saw me and he is offended beecause he considered offending to have such person in the building . (It is not harm because if it is so, he can kick me out of building).Harm Action that bring pain to others. An offense, according to Mill, is something which we would say ‘hurt our feelings.’ These are less serious and should not be prevented, because what may hurt one person’s feelings may not hurt another’s, and so offenses are not universal.
The harm principle states that the only actions that can be prevented are ones that create harm. In other words, a person can do whatever he wants as long as his actions do not harm others.

21
Q

explain difference between vindictibve and preventive justice

A

Justice: the desire to punish a specific person for hurting a specific victim.U need to have a very well defined criminal and very well defined victim. Origin of right is lifeFoundation of justice take vengeance , but not by reciprocity but by giving advantage to the victim (preventive justice).Foundation of justice take vengeance , but not by reciprocity but by giving advantage to the victim (preventive justice)
Take vengeance from the victim
why there was vindictive justice
In order to frighten the population (in order for them not to rebel in order to control the population because the regime is external to the population)
the preventive justice regime is used to support the economical system ( for productivity) (we want to prevent crime)
1) rule of preventing people from doing the crime by teaching that they will be imprisoned for the rest of their lives for example
2)point of conviction (people need to understand why they are punished and why they got this punishment ) (Stealing because of business vs stealing because of hunger)
he is not condemned he is convicted

3) every time u punish u look at the reason not at the act because u want to prevent crimes of similar reasons

The problem if you dont have reasons, can we punish you? (here we bring shrinks to see if he/she is crazy)
Principle of introspection
Also talk about laws and surveilances