Simmons Flashcards
Why has consent theory been widely rejected?
Because most people have not explicitly or deliberately consented to political obligations, making the theory empirically weak.
What are the two basic claims of traditional consent theory?
(1) Most citizens in just political communities have political obligations. (2) All political obligations are grounded in personal consent (explicit or tacit).
What is the principle of fair play?
The idea that accepting benefits from a cooperative scheme obligates individuals to follow its rules, even without explicit consent.
Who first formulated the principle of fair play?
H.L.A. Hart, later expanded by John Rawls.
How does Hart describe the moral basis of the principle?
When people comply with cooperative rules and sacrifice their liberty, those who benefit from this sacrifice are morally required to do their part in return.
How does Rawls refine the principle of fair play?
He argues that in a mutually beneficial and just scheme, those who voluntarily accept its benefits must contribute to it and not “free ride.”
What three key conditions does Rawls set for fair play obligations?
- There must be a mutually beneficial and just scheme of social cooperation.
- Cooperation must involve some restriction of liberty for participants.
- The scheme must allow for free-riding, meaning individuals can receive benefits even if they don’t contribute.
What distinction does Rawls make between receiving and accepting benefits?
Accepting benefits implies voluntary participation, whereas mere receipt of benefits does not create obligations.
Why is the distinction between accepting and receiving benefits important?
Because it prevents people from being forced into obligations they never voluntarily accepted.
What problem does Simmons see in Rawls’ claim that only just schemes generate obligations?
Unjust schemes can also create obligations under fair play, so justice should not be a strict requirement.
What is Simmons’ critique of Rawls’ focus on fairness in benefit distribution?
He argues that individuals can have fair play obligations even if the scheme is not perfectly just, as long as they accept benefits voluntarily.
Does Simmons fully reject the principle of fair play?
No, he modifies it by arguing that obligations depend on voluntary benefit acceptance, not necessarily on the justice of the scheme.
How does the fair play principle differ from consent theory?
Fair play does not require explicit consent—just participation in and acceptance of benefits from a cooperative scheme.
Why do proponents see the fair play theory as an improvement over consent theory?
Because it allows for general political obligation without requiring explicit agreement from every citizen.
What is a key challenge for using fair play to justify political obligation?
Many people receive state benefits passively and may not actively accept them, raising doubts about whether they truly acquire obligations.
