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POL 126 > Pol 118B Midterm > Flashcards

Pol 118B Midterm Flashcards

1
Q

contract:

A

a mutual agreement between two or more parties that something shall be done or forbone by one or both

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2
Q

Social contract

A

mutual agreement among a group of persons to found a political society and submit themselves to its rules

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3
Q

DIFFERENCES BETWEEN CONTRACT AND SOCIAL CONTRACT

A

Hypothetical consent, terms like u give up certain rights so that u can have protection, the government enforces that certain rules be followed ext

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4
Q

3 SOCIAL CONTRACT TRADITIONS

A

Hobbesian social contract theory (no contract, under kind or parliament, all liberty except self defense, egalitarian, antisocial, amoral
Lockean social contract theory , egalitarian, social, moral, some rights and some self gov, yes contract, legislature and executive gov
Rousseau social contract theory -TBD

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5
Q

state of nature =

A

natural man

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6
Q

Materialism-

A

“nothing exists but matter and motion” . humans are made of motion but endeavor is what comes before a physical action, aka appetite or desire.

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7
Q

Determinism

A

“a nessary chain of causation” everything(every motion) comes from a cause or a start, trace it back to God

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8
Q

Egoism-

A

“self interest as the guiding principle of action” we want to be happy ext we don’t want pain or death

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9
Q

State of nature conflict

A

Because of fears and our equality in which we all want the same things and are equally able to get them…
Invasion for gain- we want what belongs to others (land ext)
Invasion for reputation- we want the glory and honor
Invasion for safety- i’m scared you’ll hurt me so ill hurt u before u get the chance

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10
Q

State of nature : Right and liberty

A

the Liberty each man hath, to use his own
power…for the preservation of his own…Life; and consequently, of doing any thing, which
in his own Judgement…hee shall conceive to be the aptest means thereunto” (91);private vs. public judgment

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11
Q

Liberty:

A

absence of external Impediments” (91), or negative liberty
(Berlin). -“Liberty, or freedom, signifieth (properly) the absence of Opposition;(by Opposition,

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12
Q

State of nature: Law

A

a Precept, or generall Rule, found out by Reason, by which a man is forbidden to do, that, which is destructive of his life, or taketh away the means of preserving same; and to omit, that, by which he thinketh it may be best preserved”

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13
Q

Amoral state of nature

A

no pre established common rules/morals

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14
Q

FIRST THREE LAWS IN THE STATE OF NATURE

A

Seek peace, Second law contract in the way of peace, Third law Justice-

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15
Q

seek peace (1st law of state of nature)

A

That everyman, ought to endeavour Peace, as farre as he has hope of obtaining it” (92).

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16
Q

Second law contract in the way of peace-

A

“That a man be willing, when others are so too
, as farre-forth, as for Peace, and defence of himselfe he shall think it necessary
, to lay down this right to all things; and be contented with so much liberty against other men, as he would
allow other men against himselfe” (92; cf. Glaucon)

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17
Q

Third law Justice-

A

“That men performe their Covenants made…. And the definition of INJUSTICE, is
no other than the not Performance of Covenant
Hobbes’ social contract has only one stage: an agreement between individuals to create a political society
and thereby leave the state of nature.

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18
Q

Hobbes says no free speech

A

freedom or religion ext the sovereign must od what is best for all

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19
Q

Hobbes says NO SEPARATION OF POWERS

A

No division of church and state, no legislative, executive ext branches
This leads to conflict in the sovereign (to many people may have opposing views ext)

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20
Q

WHY SHOULD PEOPLE LIVE UNDER A MONARCH/SOVEREIGN?

A

Better bodily security (still fear of punishment but citizens focus on other things instead about their
Safty.

Commodious living “not [just] a bare Preservation,
but also all other Contentments of life, which every man by lawfull Industry, without danger, or hurt to the
Common-wealth, shall acquire to himselfe” (90, 231).

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21
Q

Civil liberties-

A

unremittingly bourgeois: “the Liberty to buy, and sell, and otherwise contract with one another; to choose
their own aboad, their own diet

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22
Q

IS HOBBES LIBERAL?

A

PROF SAYS NO
LIBERAL = liberty of conscious (freedom of speech ext autonomy), and limited government (checks and balances)

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23
Q

Hobbes- the fool

A

person who questions the very prudence of justice, each man for their own (attack on machivelli)

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24
Q

Machiavelli the prince-

A

Dispute between the two, if u over throw a current ruler (hobbes u did that wrong)
Machevelli says if you overthrow the ruler and do so successfully, then u are ok (that cleans up the mistakes)

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25
Q

Machiavelli would say that yes, it is a violation of the ruler/covenant if

A

Ruler is effective (he protects u
If sovereign makes life better for u than just the state of nature then you shouldn’t rebel
If life in pol society isn’t better than just on its own then yea sovereign has failed u
Instigator currently lives under his rule

26
Q

Broad reply (Hobbes)

A

Punish the malefactor
Malefactor cannot think that his unjust behavior to go unseen or detected
Just because it is unreasonable doesnt think u are not gonna do something, there’s still a chance u could get power?

27
Q

Great men

A

intelligent, made huge changes in hist ext

28
Q

Hobbes says no such thing as great men

A

we are equal in abilities , they think they can get away with injustice

29
Q

Machiavelli says yes there r great men

A

yes there are great men aka leaders of history
There is no complete best solution - collab with the potential people who could plot against u or not work with them

30
Q

Buchanan-

A

author who expanded on Hobbes ideas

31
Q

State of nature

A

anarchic and exploitative competition (in class we talked about Ex bandit cares less about physical well being and more about commodious living )
We have different desires than just being safe, Buchanan does not rule out the possibility of cooperation in the state of nature , but views it as very tentative
Individuals have a variety in their desires, we may focus more on one thing or another

32
Q

Buchanan- 2 stage social contract (draw this out)

A

Buchanan differs from Hobbes- he thinks that contracts will reflect the unequal bargaining positions from the state of nature

33
Q

Buchanan limited sovereignty

A

Were all devils, this is a problem
Parties concerned with bodily security and other goods would not cede all their liberties

34
Q

Epicurean

A
  1. Minimize pain 2. Get rid of the fear of death through arguments, Live a simple life diet, spend time in philosophical
35
Q

AQUINAS FOUR KINDS OF LAW

A

Eternal Law,Divine law, Natural law, Human law-

36
Q

Eternal Law

A

First and highest kind of law= eternal law= gods law , not directly accessible to human beings, only indirectly . this would be impossible for us as humans to understand.
Idea of God’s law is ambiguous, with many interpretations.
1st voluntarism (about will)(Luther, Hobbes)(More Protestant)
1nd rationalism (about reason)(Aquinas, Kant) (more Catholic)
Divine law-law from revelation (prophets, scripture, priests ext)
They have special communication with God
Decalogue (10 commandments

37
Q

Natural law

A

Known by reason ( cosmological ex its to know the source) preserve mankind
Not to kill/steal (why do they sound like the divine law) its not about the content, the question is how do u get access to it (above is revelation) through reason is more complicated
U need God (how do you know there is God) God has a certain nature, creator
U and the universe have similarities, observe and draw inferences
We can infer what he wants us to do, that gives us natural law (we look at the trail of crumbs that God has left behind, our desires, nature itself)

38
Q

Human law

A

Problem is consistency

Deism = eternal, natural and human law
Divine law= scam, for wealth, power ext

U can learn through reason

Deism (Franklin, Jefferson, Paines)

ANOTHER POINT OF VIEW
Eternal, Divine and Human law are good
Natural law (reason) not good

This is Fideism = Luther
Reason draws u away from fa

39
Q

AQUINAS SAYS

A

Divine and Natural reason

40
Q

Locke

A

Natural law and Divine law= if there is conflict lean on reason

41
Q

Euthyphro Dilemma

A

Is something good merely because God wills it, or does God will things precisely because they are good.
*merely is important difference between them *
God’s will is good because by definition the source is good aka God
What r the implications of that, God opens up the sky and murder is good
So we would then celebrate and find them good

42
Q

Gods superlatives (attributes)

A

Omnipotence
Omniscience
Eternal
Omnibenevolent

43
Q

LOCKE Religious toleration

A

Locke doesn’t just argue for Christians denominations to tolerate each other, but also non Christians
He’s NOT for tolerating atheists tho
Some say maybe catholics are not wanted to be tolerated but prof says no
Issue seeing the pope as religious authority but also political authority
Catholics tolerated if they live under a set of dogmas, not pol authority
They have to recognize the king for example as the legit political ruler, not the pope

44
Q

We start with Lockes letter because

A

One, Locke wants to remove the assumption that we can only have peace if we all believe in the same religion
Second, 9/11 effects- religious toleration has not been practiced for long
Third- locke’s arguments needed to understand liberalism
Intersects with the social contract arguments he makes in the second treatise

45
Q

“the architects of our institutions were Christians and the institutions themselves are therefore Christian”

A

Refutations
Actually the founders religiously diverse in many ways . Ranged from deists to orthodox
Deists- devotees of natural religion, we don’t need priests, bible ext we have reason . just know that there is a god, he is just
Hostile to reveal religions, very hostile towards priests, preachers ext
They seek domination over the minds of people

Second, even if founders were all christian
Religion- should not be allowed to determine who can serve in office
Congress cant prohibit/endorse certain religions views or organization

46
Q

“our institutions reflect political forms found in the Bible No because our institutions do a terrible job at this”

A

Our institutions directly reflect the gospels of Christ
You have to serve God and gov separately
Christianity has a very violent history not only towards non christians but also christians themselves
Locke and the founders
Lockes letter had much influence on the founding fathers

47
Q

2 examples from Lockes argument on revelation

A
  1. The kings of the Gentiles exercise lordship over them, said our Savior to his disciples, but ye shall not be so. Luke 22:25, 26” (LCT 13)—to distinguish between religious and political authority.
    - “The church, ‘which judgeth not those that are without,’ 1 Corinthians 5:11, wants it not” (LCT 70)—to argue in favor of maintaining civil rights for non-Christians.
48
Q

Lockes arguments lean on

A

reason so it can work for both christians and pagans

49
Q

Lockes Free faith Argument

A

“All the life and power of true religion consists in the inward and full persuasion of the mind; and faith is not faith without believing.” (LCT 19)
* violence and persecution cannot change an individual’s beliefs and so cannot produce salvation. Policies of religious intolerance that purport to advance the interests of unbelievers, heretics, etc., by rescuing their souls are therefore grossly misconceived.

50
Q

Lockes social contract theory

A

Locke argues that religious toleration is an implication of the contractual division of duties and spheres of influence between secular and religious authorities. Civil authorities preserve and protect the things of this life (person and property); churches attend to the things of the next (the souls of their parishioners). Why?
* This division of duties derives from the original social agreement, in which men leave an insecure state of nature by way of a two-stage contract but retain rights to their lives, liberties, and estates, the protection of which motivated their entry into civil society. (LCT 59)
* Among the liberties that are retained is liberty of conscience: something as precious as the stewardship of our very own salvation would never be relinquished to civil society or its magistrate; it is an inalienable right (see Madison’s Memorial and Remonstrance: to alienate this right would be a violation of our duty to God).

51
Q

Lockes Peace and security argument

A

This argument maintains that religious toleration is the most dependable way to limit or even eliminate religious conflict (“complaints and tumults,” “bustles and wars” [LCT 65, 71]) and thus promote “peace and security,” which are obviously good things—and never more obviously so than in the wake of the 16th- and 17th-century wars of religion.
* Oppression breeds resistance and civil unrest; moreover, by “entrenching” a policy of religious toleration, the state can discourage sects from competing for political power.

52
Q

additional argument by Locke-slippery-slope argument

A

here Locke warns that powers given to the magistrate to suppress idolatrous churches may eventually be turned on orthodox ones;

53
Q

additional argument by Locke-burdens-of-judgment argument

A

where Locke suggests that our inevitable uncertainty about religious doctrines makes toleration the best policy (cf. French humanists’ “uncertainty” defense);

54
Q

additional argument by Locke-power-of-truth argument

A

where the Millian faith that truth will win out in the end makes persecution superfluous (cf. French humanists’ “universal truth” claim)

55
Q

Locke excludes …

A

four groups from toleration

56
Q

Locke excludes first

A

those religions that undermine civil society or its moral rules: religious freedom is conditional on civic order (e.g., Aztec religious practices: human sacrifice)

57
Q

Locke excludes second

A

he excludes any religions that secretly think themselves to be superior to others in civil privileges. (Jointly, these suggest we have no duty to tolerate those who advocate lawlessness, discrimination, or intolerance; cf. 1st Amendment doctrine.)

58
Q

Locke excludes third

A

he excludes those religions whose observance effectually entails subservience to a foreign prince. (This might be directed at Catholics [e.g., concerns about JFK in 1960], but LCT 24 & 55 suggest otherwise—maybe Catholics, Orthodox Christians, etc., would have to swear an oath of allegiance to secular rulers?)

59
Q

Locke excludes fourth

A

he excludes atheists. Notice that this last exclusion rests upon a falsifiable claim that atheists cannot be trusted to uphold agreements. Locke thinks that damnation is an essential “sword of Damocles” hanging over citizens that guarantees their good behavior in this life, as temporal punishments are insufficient.

60
Q

Locke on establishment and free exercise

A

First, Locke contends that magistrates, so long as they use only persuasion, may justly promote their own religious beliefs, a right that they share with all men. (LCT 20, 35) {Q: Is a state subsidy “persuasion” or “coercion”

Second, Locke expressly opposes “free-exercise” exemptions to basic laws:
“But those things that are prejudicial to the commonweal of a people in their ordinary use, and are therefore forbidden by laws, those things ought not to be permitted to churches in their sacred rites. Only the magistrate ought always to be very careful that he does not misuse his authority, to the oppression of any church, under pretense of public good.”

POL 126 (2 decks)

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