Political Authority and Obligation Flashcards
What is political theory?
the study of how we should live together in a society
What are the two types of thinking?
normative - how things ought to be and descriptive - how things are
Definition of authority?
not merely power over someone, but for someone to have a pro-attitude towards the person, they should be obeyed because of their position
Consent theory
Tacit consent requires that the action would not be done if it didn’t indicate consent.
What is hypothetical consent?
The idea that if there wasn’t a state, we would’ve set one up and consented to obey its laws.
The issue with hypothetical consent?
Assumes that people act rationally and very speculative on what someone may morally do.
The issue with voting as consent?
People are forced to obey the law regardless of whether they voted or not, so someone may as well vote, not free consent.
The issue with residence as consent?
People are born here and do not want to leave family so not free and effective consent.
What is act utilitarianism?
Maximising pleasure, minimising pain, so we should obey law because that benefits the state which brings benefits
What is rule utilitarianism?
Potential rules judged against utilitarianism then individual actions judged against these rules.
The issue with utilitarianism?
Is utilitarianism a strong moral code? Laws also have in mind rights and justice.
What is the fairness argument?
If we benefit from services provided by state, then in return we should obey the rules.
Issue with the fairness argument?
People haven’t necessarily asked for these benefits, they have been imposed on them.
What is the Minimal State?
Duty to obey law = duty to obey morality. Morality only permits the state to enforce basic property rights and rights against harm and stopping others from enforcing rights. Justice prohibits redistributive taxation.
The issue with the Minimal State argument?
Only argues for the importance of morality, rather than the authority of the State.
