Principles of Fairness

Question 1

New World settlers example

Answer 1

You and others are recent settlers in a previously uninhabited land - others plant coffee and tobacco - you don’t contribute to this work. You securely help yourself to the fruits of their labour (but you leave enough and as good for others)

Question 2

Unfairness objection to not contributing to communal work

Answer 2

• you don’t harm anyone because you leave enough and as good for them but it is unfair
• you’re able to enjoy coffee and tobacco only because others work to produce these things
• everyone else would also have like yo enjoy the coffee and tobacco without the work
• you are FREE RIDING on the collective sacrifice of others

Question 3

PRINCIPLE OF FAIRNESS

Answer 3

If one enjoys a benefit available to all and this benefit exists only because of the sacrifices of others, then one is obligated to share I. The sacrifice necessary to provide his benefit to all except when the benefit is a luxury that has been passively recieved

Question 4

Actively pursued benefit vs passively received benefit

Answer 4

When one takes active measures to secure a benefit rather than passively receiving it eg tobacco and coffee as opposed to clean neighbourhood

Question 5

Nozick on passively received benefits

Answer 5

When one enjoys a benefit that one has passively received, one has no obligation to share in the sacrifice necessary to secure the benefit. Italian disagrees

Question 6

The Grand Canyon case

Answer 6

Your village is about to flood and everyone is coming together to build a flood wall - you don’t join in. The others must each work harder to build the wall because of your absence - you passively benefit from their work (your house isn’t flooded). Unlike the clean neighbourhood or public broadcast cases however the benefit is vital and urgent .: otsuka says you are morally required to participate - a law enforcing the participation in building the wall would be justifiable

Question 7

Water well example

Answer 7

(John Simmons)
Everyone is building a well so they can get clean fresh water you don’t participate (you think you can survive on the dirty water) but you steal the clean water. This benefit is vital and actively received. You are obliged to contribute

Question 8

Does the principle of fairness establish a moral obligation to obey the laws because they are the laws

Answer 8

• Not necessarily: provides moral obligation for participating in some collective enterprises that will benefit you but this obligation is independent of laws (although it may also justify the existence of those laws).
• yes (to a degree see overridability): we all enjoy the benefit of living in a law abiding society only because most people take the fact that something is against the law to provide them with a moral obligation to not do that thing. This benefit is necessary (although passively received). Therefore we should each take the fact that something is against the law or provide us with a moral obligation not to do that thing and restrain our behaviour accordingly.

Question 9

What do anarchists believe about laws

Answer 9

The fact that something is commanded by the law never provides you with a moral obligation to do that thing, but that is not to say there is no independent moral reason for doing what the law says nor that you should act contrary to the law.

Question 10

Some obligation to obey the law but it’s not absolute

Answer 10

The fact that the law commands us to do something might always give rise to a moral obligation to do that thing even if there are sometimes more powerful moral reasons that tell against doing what the law commands e.g if you promise to help your friend move into a new flat but on your way there you find an accident and stop to help out - you still owe your friend an apology but you have done the right thing because the obligation to help those in need is a greater moral duty - legal commands are like promises I do things that aren’t wrong but overridden in some circumstances

Question 11

Objections to the argument that PF establishes a general obligation to obey the laws

Answer 11

1. The benefits associated with living in a law abiding society could be realised even if people were more selective in their respect of the law
2. It is not clear that the benefit of living in a law abiding society is of vital importance (anarchists would argue the people are naturally capable of cooperation in secure societies)
3. The argument doesn’t provide a complete account of why we are obligated to obey the law & it doesn’t provide ya with an obligation to obey the law in a society of law breakers.