Political Theory Flashcards
In what way, according to Kant, do persons have independence?
An act of will is when we choose our ends and deploy the means to them
We have a right to do this (“right to independence from others”) - Arthur Ripstein
What are two ways to interfere with independence
“drawing [a] person into purposes that she has not chosen”
“depriving [a person] of her means”
Arthur Ripstein ^^
In Kant’s eyes, if a state is set up properly, what should it do?
- Doesn’t interfere with independence
- necessary for the protection of independence
Enforces private right, extending the means of people
What are the three cases of private right?
- Property: Taking possession of an inanimate object as a means to my own ends
- Contract: Drawing another person into my ends, or using him/her as a means, with consent
- Status: Taking possession of another person as a means to his/her ends, without consent
What is Kant’s (Arthur RIpstein’s) view of public rights?
- The morally troubling aspect of property acquisition
- The need for an omni-lateral will - you not changing other’s rights
- The state as an embodiment of this:
a) public rules on property (and contract and status)
b) Dispute resolution (thus preserving honour)
What are the sources of moral/political norms?
- Oneself: Eudaimonism, Reason (eg First formulation of CI, esp law of nature)
- The world: Utilitarianism (lecture 23)
- Other people: Rights (eg 2nd for of CI, esp humanity variant) - capturing the idea of dignity or intrinsic value
Whats the upshot of seeing things the ‘other people’ way?
Certain ways we may not treat a person, even if treating him that way would be good for oneself or good for others
What is a big question for right theory?
Are rights natural or political/legal?
Kant’s answer: Ideally should be natural, by practice political
Rights exist to protect the right-holder’s will
Kant on the state’s role in promoting the good and rights
State exists to enable us to live in a rightful condition by
- Protection of right to independence through protection of property rights
Having own shelter and that without state & omni, you are affecting rights of others - Keeping us from wronging each other in property disputes
This does not amount to making us morally good people, right to independence is an external right
Kant on the state’s role in promoting the good and rights
State as a restriction on the pursuit of happiness
State is not to set happiness - creation as an end - 2 reasons:
- Disagreement over nature of happiness (nature of happiness not discoverable as a priority)
- Threat of tyranny - trying to make you happy
What are Kant’s political views?
Libertarian/liberal
He is a social-contract politically but not morally
Explain the tyranny of the majority
A result of ‘self government’ as a solution to monarchical tyranny (Rousseau, maybe Kant), but no real solution as just transferring power, might have more input to how power is used but can still be tyrannical
Exercised in two ways:
- Control the levers of power (government and branches)
- Through informal pressure to what one likes or dislikes and try to conform others to these likings/dislikings –> value judge
Worse (2) as cant escape social circles, more effective coercion - limits creativity and free will/individuality –> Geniuses cant be geniuses –> society would be worse off and not progress
In what ways might Liberalism/Libertarianism be solutions to the tyranny problem?
- Social contract Libertarianism: The state is minimal cos external right is minimal
- Mill’s moderate liberalism: Fundamental divide between morality and politics - not state’s job to force morality, even if possible to do so, state power should not be put to the end of enforcing value judgements (avoid tyranny of the majority)
How is the Harm Principle the only justification for encroaching on someone else’s liberty?
Self-protection from harm, 3rd party may intervene so long as it really a case of harm (state can also do this)
Not clear how it is defended, guess it to appeal to the good
We ought to live and let live, beneficial to society
Animals and disabled people aren’t considered/don’t apply
What is blow back theory?
Coercing will lead to begrudging people striking back
How is Mill a liberal and not a libertarian?
What is his stance on life and letting people live?
He is concerned about people living good lives
Life is an experiment - we get data from that (learn from others)
How is Mill’s Harm Principle formalised and what is the important distinction within it
- If a proposed interference with liberty would serve the end of self-protection, then it is warranted (instructive)
- If a proposed interference with liberty would not serve the end of self-protection, then it isn’t warranted (restrictive)
If your room is clean then you can play (no matter what time of day)
vs
If your room isn’t clean then you cant play (doesn’t take into consideration time, doesn’t mean above)
What are some questions to ask the Harm Principle?
- Harm to self doesn’t count in harm principle - exceptions though like falling bridge
- Harmless immoral conduct (eg desecrating a grave) doesn’t apply; harm is key not morality
- Offensive conduct: Public conduct; There is a kind of harm in which we can intervene
Private conduct; Even if still causes some offence to you but should leave them be - Harm of omission and liberty (not helping when you could) does apply
Offensive conduct often is subject to visceral judgement –> is there a difference between witnessing it and not –> Shouldn’t impose on people based on judgements
Provide some implications for civil liberties - guaranteed liberties
- Freedom of Conscience, think what you want
- Freedom of expression, judgement sensitive (apart from possibly speech inciting violence)
- Tastes & pursuits, live how you want
- Combining (assembly), get to choose who you associate with –> This is ok so long as your shared views aren’t imposed on others
Most important question to ask: are they harmed?
How does Sarah Conly define Paternalism?
“Any case where X acts to diminish Y’s freedom, to the end that Y’s good may be second”
Preventing A from harming B is not paternalistic, stopping A from harming A is
Government paternalism is when they step in to alter people’s lives what they believe is best for them
How do we decide if legislation is paternalistic or not?
What are some effects of paternalistic legislation?
Whether legislation is paternal or not depends on its aims - this is different to its effects
Paternalism or perceived paternalism can be insulting, degrading etc (eg the Burka ban)