njnj Flashcards

(77 cards)

1
Q

what is freedom?

A

is an integral part of more than one component of ourselves. It is integral to our humanity, it is integral to our current living conditions, and it is integral to our character.

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2
Q

What is choice

A

the presence of valid options

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3
Q

What is will?

A

the capacity to make a choice

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4
Q

What is free will?

A

the state of one’s will to be free from external constraint

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5
Q

What is agency?

A

the capacity to act on one’s will

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6
Q

What is political freedom?

A

pertains to the institutional constraints and rights that society has formalized. This is the type of freedom that is more, for lack of a better phrase, “down to earth.” It explores the justification, the balance, and the consistency for laws in the constitution, religion, and communities.

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7
Q

pertains to the institutional constraints and rights that society has formalized. This is the type of freedom that is more, for lack of a better phrase, “down to earth.” It explores the justification, the balance, and the consistency for laws in the constitution, religion, and communities.

A

political freedom

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8
Q

the capacity to act on one’s will

A

agency

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9
Q

the state of one’s will to be free from external constraint

A

free will

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10
Q

the capacity to make a choice

A

will

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11
Q

the presence of valid options

A

choice

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12
Q

is an integral part of more than one component of ourselves. It is integral to our humanity, it is integral to our current living conditions, and it is integral to our character.

A

freedom

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13
Q

what is Metaphysical Freedom

A

It pertains to a more abstract understanding of freedom, one that is fundamental to the relationship of human consciousness to existence. A great deal of argument centers on whether human agency and will are within personal control, or subject, completely or partially, to external forces.

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14
Q

It pertains to a more abstract understanding of freedom, one that is fundamental to the relationship of human consciousness to existence. A great deal of argument centers on whether human agency and will are within personal control, or subject, completely or partially, to external forces.

A

Metaphysical Freedom

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15
Q

what are the four circumstances?

A

Mitigating
Aggravating
exempting
justifying

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16
Q

These are factors which lessens the criminal liability of an individual on account that his will has been unduly compromised or inhibited prior to committing a crime. The argument stands that in the event where the individual is uncompromised, then the action would not have taken place or would not have been as grave.

A

mitigating circumstances

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17
Q

mitigating circumstances

A

These are factors which lessens the criminal liability of an individual on account that his will has been unduly compromised or inhibited prior to committing a crime. The argument stands that in the event where the individual is uncompromised, then the action would not have taken place or would not have been as grave.

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18
Q

what circumstance does this belong to?
Article 13 of the Revised Penal Code

That the offender had no intention to commit so grave a wrong as that committed.

That sufficient provocation or threat on the part of the offended party immediately preceded the act.

That the act was committed in the immediate vindication of a grave offense to the one committing the felony his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees

That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

A

Mitigating circumstances

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19
Q

what is aggravating circumstances?

A

These are factors which increase the criminal liability of an individual on account that he has exercised maximum will before, in, or after committing the crime. The argument states that the intent of the individual heightens its severity.

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20
Q

These are factors which increase the criminal liability of an individual on account that he has exercised maximum will before, in, or after committing the crime. The argument states that the intent of the individual heightens its severity.

A

aggravating circumstances

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21
Q

what circumstance does this belong to?

Examples: Article 14 of the Revised Penal Code

  1. That the crime be committed in contempt of or with insult to the public authorities.
  2. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
  3. That the crime be committed in the nighttime, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.
A

Aggravating circumstances

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22
Q

These are factors which altogether grants the individual pardon on account of a severely compromised will to the point of little to no agency on the matter.

A

Exempting Circumstances

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23
Q

Exempting Circumstances

A

These are factors which altogether grants the individual pardon on account of a severely compromised will to the point of little to no agency on the matter.

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24
Q

Examples: Article 12 of the Revised Penal Code

An imbecile or an insane person, unless the latter has acted during a lucid interval.

Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention causing it.

Any person who acts under the compulsion of irresistible force
ELEMENTS:
That the compulsion is by means of physical force
That the physical force must be irresistible
That the physical force must come from a third person.

A

Exempting circumstances

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25
Justifying
These are factors which absolves the individual of criminal liability when the act is done due to a necessity or lack of choice. In these cases, no criminal action is recorded or held against the individual.
26
These are factors which absolves the individual of criminal liability when the act is done due to a necessity or lack of choice. In these cases, no criminal action is recorded or held against the individual.
Justifying circumstances
27
Examples: Article 11 of the Revised Penal Code Self-defense Defense of relatives Defense of strangers Avoidance of greater evil or injury Fulfillment of duty or lawful exercise of right or office Obedience to an order issued for some lawful purpose
justifying circumstances
28
To put it simply, to have a right to something means to be able to do this action without expressed permission from others. It does not necessarily imply whether the action you take is moral or immoral as far as ethics is concerned.
Rights
29
Rights
To put it simply, to have a right to something means to be able to do this action without expressed permission from others. It does not necessarily imply whether the action you take is moral or immoral as far as ethics is concerned.
30
To put it simply, to have a right to something means to be able to do this action without expressed permission from others. It does not necessarily imply whether the action you take is moral or immoral as far as ethics is concerned.
Rights
31
Prohibitions
are any law by the government that restricts action are any law by the government that restricts action.
32
are any law by the government that restricts action. are any law by the government that restricts action.
Prohibitions
33
Conflict
arises through the existence of governing agencies, whichare institutions in a country which holds the monopoly on legitimate force as sanctioned by the citizens; that rights become inversely related to prohibitions.
34
arises through the existence of governing agencies, whichare institutions in a country which holds the monopoly on legitimate force as sanctioned by the citizens; that rights become inversely related to prohibitions.
Conflict
35
Metaphysical Freedom
pertains to the debate between free will vs determinism.
36
pertains to the debate between free will vs determinism.
Metaphysical Freedom
37
This suggests that the individual has complete independent and autonomous control of his consciousness, free from external influence.
free will
38
free will
This suggests that the individual has complete independent and autonomous control of his consciousness, free from external influence.
39
suggests that the individual has no complete control pertaining to his consciousness
determinism
40
determinism
suggests that the individual has no complete control pertaining to his consciousness (it is already determined)
41
presupposes the existence of either an omniscient or an omnipotent deity, or usually both.
theological determinism
42
theological determinism
presupposes the existence of either an omniscient or an omnipotent deity, or usually both.
43
Hard determinism
You have no control on what's going to happen
44
You have no control on what's going to happen
Hard determinism
45
soft determinism
although something is determined, you still have the chance to have a free will
46
although something is determined, you still have the chance to have a free will
soft determinism
47
what are the 4 types of determinism?
hard soft theological physical
48
what are the 2 types of arguments of theological determinism?
argument from Omniscience argument from Omnipotence
49
argument from Omniscience
suggests a linear timeline of past, present, and future, in which the deity or god, knows the future of humanity's present. In the eyes of such an entity, the future has already happened and implies that we at the present are inevitably living through the passage of time.
50
suggests a linear timeline of past, present, and future, in which the deity or god, knows the future of humanity's present. In the eyes of such an entity, the future has already happened and implies that we at the present are inevitably living through the passage of time.
argument from Omniscience
51
argument from Omnipotent
also known as the "Divine Plan" Argument or Preordination, suggests that an omnipotent deity set in motion consciously set in motion every event that occurred since the creation of the universe.
52
also known as the "Divine Plan" Argument or Preordination, suggests that an omnipotent deity set in motion consciously set in motion every event that occurred since the creation of the universe.
argument from Omnipotence
53
Physical Determinism
is also known as Nomological Determinism and Scientific Determinism. It has been theorized by the materialist since the pre-Socratics but gains more and more traction with succeeding scientific discoveries. A theory for this can be better explained by the thought experiment Laplace's Demon, by Pierre-Simon Laplace. Suppose that there exists an observer (i.e. the demon) outside the universe which can calculate the position and momentum of every particle of any one given instance with infinite precision, then that entity would be able to accurately predict the next instance.
54
is also known as Nomological Determinism and Scientific Determinism. It has been theorized by the materialist since the pre-Socratics but gains more and more traction with succeeding scientific discoveries.
Physical Determinism
55
A theory for this can be better explained by the thought experiment Laplace's Demon, by Pierre-Simon Laplace. Suppose that there exists an observer (i.e. the demon) outside the universe which can calculate the position and momentum of every particle of any one given instance with infinite precision, then that entity would be able to accurately predict the next instance.
Physical determinism
56
the central idea of scientific determinism
laplace' demon by Pierre - Simmon Laplace
57
who theorized Laplace's demon?
Pierre - Simmon Laplace
58
concern's the idea of determinism, namely the belief that the past can completely determines the future states that, in this world, everything would pre-determined, no chance, no choice, and no uncertainty
Laplace's Demon
59
Laplace's Demon
concern's the idea of determinism, namely the belief that the past can completely determines the future states that, in this world, everything would pre-determined, no chance, no choice, and no uncertainty
60
pertains to the worth of one's humanity, not it's value. The difference is that value changes from individual perception to another
dignity
61
is a socially constructed concept that has man at its very center. The foundations and basis may differ across time and countries, but the general ideas remain the same: that there exists an intrinsic worth to humanity.
dignity
62
dignity
is a socially constructed concept that has man at its very center. The foundations and basis may differ across time and countries, but the general ideas remain the same: that there exists an intrinsic worth to humanity. pertains to the worth of one's humanity, not it's value. The difference is that value changes from individual perception to another
63
Pride
refers to the value one ascribes to his/her notion of self-worth, and oftentimes this is subjective. Some people have more pride than others, but every human's dignity remains constant across different demographics or time.
64
refers to the value one ascribes to his/her notion of self-worth, and oftentimes this is subjective. Some people have more pride than others, but every human's dignity remains constant across different demographics or time.
Pride
65
Humiliation
pertains to a state of diminished pride in the social context.
66
pertains to a state of diminished pride in the social context.
Humiliation
67
degradation
pertains to a state of diminished dignity, regardless whether the context is social or not
68
pertains to a state of diminished dignity, regardless whether the context is social or not
degradation
69
Dignity in Law
Albeit that dignity is an abstract concept, the application of this to our daily lives is very concrete and very real. It is one of the few concepts which is constitutionally enshrined in the Philippines as seen in Article II, Section 11 of the 1987 Constitution.
70
Albeit that dignity is an abstract concept, the application of this to our daily lives is very concrete and very real. It is one of the few concepts which is constitutionally enshrined in the Philippines as seen in Article II, Section 11 of the 1987 Constitution.
Dignity in Law
71
Sources of Dignity
. Theological Source 2. Ontological Source
72
Theological Source
This feature of dignity elevates man's status and makes him unique and justifies an anthropocentric view of the universe. Man's dignity is of the same nature as God's dignity, which makes it not subject even to one's own character and moral stature. This makes dignity, from this foundation, exclusive to humans.
73
This feature of dignity elevates man's status and makes him unique and justifies an anthropocentric view of the universe. Man's dignity is of the same nature as God's dignity, which makes it not subject even to one's own character and moral stature. This makes dignity, from this foundation, exclusive to humans.
Theological Source
74
Ontological Source
This means that if an animal for instance, would develop consciousness to a degree that it qualifies as sentience, then that would be given the same level of dignity that man has. The same argument can be applied in the fictional, but not entirely improbable, event of extraterrestrial contact which displays intelligence. Unlike the theological source, this means that dignity is not exclusive to homo sapiens.
75
This means that if an animal for instance, would develop consciousness to a degree that it qualifies as sentience, then that would be given the same level of dignity that man has. The same argument can be applied in the fictional, but not entirely improbable, event of extraterrestrial contact which displays intelligence. Unlike the theological source, this means that dignity is not exclusive to homo sapiens.
Ontological Source
76
legal ramification
is implementation of laws which secures the concept of dignity regardless of individual consent as this is an act of dehumanization of one's self.
77
is implementation of laws which secures the concept of dignity regardless of individual consent as this is an act of dehumanization of one's self.
legal ramification