Mod 10 – Liberalism and law Flashcards
(61 cards)
What is the main aim of utilitarianism?
To achieve happiness or preference satisfaction for the greatest number of people.
Utilitarianism is often associated with the idea of maximizing welfare.
Who is considered the father of English jurisprudence?
Jeremy Bentham.
Bentham’s work laid the foundation for modern utilitarianism.
What does rule-utilitarianism aim to address?
It aims to provide a model that respects individual rights while considering the consequences of actions.
This variant was developed to counter criticisms of traditional utilitarianism.
What is the difference between act and rule utilitarianism?
Act utilitarianism evaluates each action based on its consequences, while rule utilitarianism evaluates actions based on rules that generally promote the greatest good.
Rule utilitarianism seeks to create consistency in moral judgments.
List three criticisms of utilitarianism.
- It relies too much on existing desires.
- It ignores inherent rights of individuals.
- It mistakenly assumes different values are commensurable.
These critiques highlight the limitations of utilitarianism in addressing moral complexities.
What is the ‘trolley problem’ used to illustrate?
The ethical dilemma of choosing between the greater good and the rights of the individual.
This thought experiment challenges moral intuitions regarding utilitarianism.
What is the ‘original position’ in Rawls’s theory?
A hypothetical scenario where individuals choose principles of justice behind a ‘veil of ignorance’.
In this position, they do not know their social status or personal characteristics.
What are Rawls’s two principles of justice?
- Right to individual freedom/liberty.
- Social and economic inequalities must benefit the least advantaged.
The second principle is often referred to as the ‘difference principle’.
What is meant by the term ‘difference principle’ in Rawls’s theory?
It states that inequalities should only exist if they benefit the least advantaged members of society.
This principle emphasizes fairness in the distribution of resources.
True or False: Rawls believes that liberty is negotiable.
False.
Rawls argues that liberty is non-negotiable and must be prioritized.
What characterizes virtue ethics as a theory of justice?
It is character-based, focusing on virtuous behavior as the basis for justice.
This contrasts with consequentialist and deontological theories.
What does the term ‘deontological’ refer to?
An ethical perspective that prioritizes duties and rights over the consequences of actions.
This view is often associated with the philosophy of Immanuel Kant.
Fill in the blank: Utilitarianism is fundamentally _______.
outcome-based.
This means that the morality of an action is determined by its results.
What is the significance of moral equality in liberalism?
It establishes a fundamental principle that all individuals deserve equal consideration and respect.
Moral equality is essential for justifying laws and social systems.
What does John Rawls argue regarding justice and happiness?
Justice is prior to happiness and cannot be sacrificed for utilitarian outcomes.
This reflects a Kantian perspective on the importance of individual rights.
What does the term ‘mutually disinterested’ imply in Rawls’s theory?
Individuals are self-interested but should consider fairness in their interactions.
This concept is central to Rawls’s approach to justice.
In the context of utilitarianism, what does ‘maximization’ refer to?
The idea that moral actions should aim to produce the greatest overall good or happiness.
Critics argue that this approach can overlook individual rights.
What is a common critique of utilitarianism regarding individual perspectives?
It fails to account for the separateness of persons and often disregards individual rights.
This critique emphasizes the importance of considering personal autonomy.
What is the main point of reference in discussions of distributive justice?
Rawls’s theory of justice
What does Rawls argue about natural talents?
They are arbitrary and not deserved from a moral point of view
According to Rawls, what is the difference principle?
It determines a just distribution of resources, ensuring those with advantages do not benefit more than those without
Who critiques Rawls’s notion of ‘unencumbered persons’?
Michael Sandel
What is Sandel’s view on the concept of self?
It is shaped by our attachments and ends, contrasting with the liberal view of self-determination
What does Robert Nozick argue regarding redistribution?
It is akin to theft and challenges state over-regulation
