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Legal theory > Rights discourse I > Flashcards

Rights discourse I Flashcards

1
Q

What does liberals argue

A

state should not impose on a citizens way of life, leave them as free as possible to choose their own values and ends

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2
Q

Why should a state not impose on its citizens according to John Mills

A

reduce the sum of human happiness. It is based on the principle of greatest good for greatest number

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3
Q

How does utilitarianism suit liberal principles

A

does not judge person’s values, just aggregates them

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4
Q

why is utiliarian principle inadeqaute

A

majority view does not secure individual rights

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5
Q

contemporary liberals argument against utilitarianism

A

to maximise general welfare, it treats society as a whole. Conflates diverse desires into a single system of desires to be maximised. Indifferent to distribution of satisfactions amongst persons except how it may affect the overall sum

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6
Q

Kantian liberals need an account of rights that does not

A

depend on utilitarian considerations

depend on particular conceptions of good, does not presuppose way of life over others

must be neutral about ends

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7
Q

What at Kantian liberals commited to

Why?

A

framework that is neutral among ends

does not affirm a preferred way of life or conception of the good

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8
Q

How is right prior to goods for Kantian liberals

A
  1. Individual rights cannot be sacrificed for general good
  2. principles of justice that specify these rights cannot specify any vision of good life
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9
Q

How is right prior to goods for Kantian liberals

what justifies these rights

A

provides fair framework which individuals and groups can choose their own values and ends

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10
Q

Proponents of rights based ethic notoriously

A

disagree about what rights are fundamental

what political arrangements the ideal of the neutral framework requires

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11
Q

Egaliatarian liberals

A

support welfare state and favour a scheme of civil liberties together with certain social and economic rights - rights to welfare, educaration, healthcare

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12
Q

Libertarian liberals defend

They favour

A

the market economy and claim that redistributive policies violate people’s rights

a scheme of civli liberties combined with private property rights

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13
Q

Common to all liberalism is the claim that

A

we are separate individual persons each with our own aims, interests and conceptions of the good and seeks a framework of rights that will enable us to realise our capacity as free moral agents

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14
Q

Hegel against Kant - communitarianism critique

A

political arrangements must be justified by common ends and purposes

we cannot receive our personhood without reference to our role as citizens and as participants common life

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15
Q

Desires

Utilitarian v Kant

A

Conflates desires into single system

Kant insists separateness of person

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16
Q

Self

Utiliarianism vs Kant

A

sum of its desires

choosing self, independent of the desires and ends it may have at any moment

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17
Q

Priority of self over ends

A

Never defined by aims, always can assess and possibly revise aims

free, independent self, capable of choice

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18
Q

why do we need a neutral framework

A

b/c we are separate, independent selves since thsi fraemwork does not choose between competing purposes and ends.

Self is prior to ends, right is prior to good

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19
Q

Communicatarian critics of rights-based liberalism say we are

A

our roles in society makes up who we are. e.g. citizens, members of movement

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20
Q

if we are determined by communities we inhabit then

A

we must also be implicated the purpose and ends of the community

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21
Q

on communitarianism view, what does our membership in community give us

A

moral particularity

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22
Q

Public education support by liberals and communitarianism

A
  • students to become autonomous individuals capacble of choosing their own ends
  • become good citizens, contribute meaningfully to public deliberations
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23
Q

Different policies

pornographycommunitarinism

A

ban porn bookstores b/c it affects way of life and value

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24
Q

for liberals politics of common good

A

creates prejudice and intolerance

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25
Q

Liberal Rights’

A

Rights are typically seen as the moral or legal requirements which secure the conditions for individuals to exercise freedom or autonomy; rights can be conceptualised as allowing individuals to make the key choices which give meaning and purpose to their lives, to ‘live their lives from the inside’

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26
Q

‘Liberal rights’ have been justified by

A

1) mistrust of government;
(2) the dangers of paternalism;
(3) the belief that individuals are capable of revising their conceptions of what the good life is and the ends they want to pursue; and
(4) ownership of self-chosen purposes endows them with value.

27
Q

The interest theory of rights: Advocates of the interests theory approach argue that the principal function of human rights is

A

protect and promote certain essential human interests. Securing human beings’ essential interests is the principal ground upon which human rights may be morally justified

28
Q

Interest theory of rights and duties

A

Your having a right to something means that it is in your interest, or is to your benefit, and someone else has a duty to provide

right is the same thing as being the beneficiary of the performance of another person’s duty.

29
Q

interest theory example

A

Someone would have a right to something (x), against a second person, if that person had a legal duty to provide the first person with x. For example, on Bentham’s interest theory, you have a right to vote if someone is legally required to provide you with the opportunity to vote, and count your ballot, and so on

30
Q

The will theory, also known as the “choice theory,” allows

A

allows rights-holders free choice to insist upon their rights, or to waive them.

31
Q

example of choice theory

A

your right to some land is your freedom to do with it as you wish. Everyone is wrong to interfere with your freedom unless they have a right. If someone uses your land without having a right, you are free to allow it, or to choose to prevent it by claiming the protection of your right to legal authorities.

32
Q

Choice theory

Rights give people control over

A

other people’s freedom

If I have a right, then the extent of other people’s freedom depends on my choices.

33
Q
A
34
Q

liberlism

states

A

states should interfere as little as possible

35
Q

Utilitarianism moral theory

A

Utilitarianism broadly states that a moral action is one that maximizes happiness for the greatest number of people

36
Q

core assumptions of utilitarianism are that

A

individual actions must be tailored to maximize the happiness of the whole, regardless of their effect on the welfare of particular individuals

37
Q

happiness for liberalist

A

no such thing as the happiness of the whole, and that it is up to each of us to make his own happiness, according to his own lights.

38
Q

criticism of utilitarianism for freedom

A

lose freedom for greater good

39
Q

states liberalism

A

can be seen as threats and enforcing and protecting individual rights

40
Q

when is something of value for utilitarnism

A

it is useful or promotes happiness—they argued that the object of all legislation should be “the greatest happiness of the greatest number.”

41
Q

utilitarinism stems from

A

18th- and 19th-century English philosophers and economists

John Mills and Jeremy Bentham

42
Q
A
43
Q

Gov policy

utilitarianism

A

government should chose policies to maximize the total utility of everyone in society.

44
Q

What problems arise when seeking “the Greatest good for the greatest number”?

A

In a society where only the masses are considered, minorities may be suppressed and not addressed.

45
Q

Classical liberalism is committed to

A

the ideal of limited government, constitutionalism, rule of law, due process, and liberty of individuals (freedom of speech etc), based in idea of reason and ethics of individualism and with a laissez-faire economy.

46
Q

What Did benthem think of rights

A

he called natural rights nonse on stilts

47
Q

How have some utilitrianism became unliberal

A

Liberals argue this show majoritarian behavouir as it could lead to the tyranny of the minority

48
Q

Why has utilitrianism adopted some majoritarian arguements

A

IT uses the idea of happiness of “The greates number” this allows the intrests of the majority to out rule to minority

49
Q

liberals have believed that most people are

A

rational/self interested

50
Q

The liberal view of human nature holds that people in general

A

use their reason to control and direct their desires AND are more likely to act out of self-interest than out of concern for others

51
Q

Four strengths of utilitarianism?

A

Treats everyone as equals

Easy to think about what makes people happy

It can be applied to all times and society and is flexible enough to do that

Empirical - based on what we can see in our world

52
Q

What are the criticisms of Bentham’s utilitarianism?

A

Cannot quantify happiness, purely subjective

Different kinds of happiness, some better than others

Allows people to be irrresponsible or do unethical acts if they have the majority behind them.

Minorities have no rights, using people as means to an ends

Ignores the moral relationships we have with other people

53
Q

happiness as a whole for utilitarnism

A

happiness of the whole is all that matters; race, gender and ethnicity don’t matter

54
Q

objection to utilitarnism

A

Violates distinctness of persons, may condone human rights violations, overly demanding and overly simplistic

55
Q

One of the problems raised against utilitarianism concerns justice.

A

If an unjust act promotes more utility than a just act, utilitarianism seems to say the unjust act is the right act.

56
Q

Which of the following are raised as objections to utilitarianism?

A

Violating a person’s rights might promote the greatest good for the greatest number

Enslaving a small minority might promote the greatest good for the greatest number.

Punishing the innocent might promote the greatest good for the greatest number

57
Q

individualism

A

the individual is the key to all human existence, humanity is set apart from other living beings because we possess self-awareness, personality, capabilities and free will to decide our fate

58
Q

Freedom

A

Only in a state of liberty are people able to realize their true potential. People should be free from restrictions, unless they are designed to safeguard the freedom of others.

59
Q

Liberal views on human nature:

A

1) Innate qualities are not a result of social circumstances.
2) Uniqueness of each individual
3) Every human is free and equal
4) Humans are considered to be rational, reasoning beings
5) Humans are capable of personal self-development
6) Humans are capable of being self-interested, greedy and power-seeking

60
Q

Hume’s law

Why can’t matters of fact define moral judgement?

A

listing facts of a thing cannot determine if it is right or wrong

61
Q

Moral skepticism

A

Any position which denies that there exist true moral statements

62
Q

Moral Reasoning

A

the manner in which an individual makes decisions based on the determination of what is right and wrong

63
Q
A

Legal theory (20 decks)

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