philosophy term 2 final !

nonhuman animals and rights

• reciprocity argument:

  • claim: nonhuman animals do not have legal duties, therefore they cannot have legal rights

  • used to deny animals moral/legal standing

• 2 theories of rights:

  • interest theory:

    • rights = protections of important interests

    • if an entity has interests → it can have rights

  • will theory:

    • rights = protection of a domain of choice/autonomy

    • rights require capacity to make choices/control claims

• Laurence Tribe on the reciprocity argument:

  • the argument fails under both theories of rights

  • interest theory:

    • animals clearly have interests (pain, pleasure, survival)

    • unlike objects (rocks, tables)

    • therefore: they can be rights-bearers

  • will theory:

    • humans without choice capacity (infants, coma patients) still have rights

    • therefore: choice is not necessary for rights

numbers and morality (Taurek)

• central moral problem:

  • should we save more people over fewer, all else equal?

  • common intuition: yes (maximize lives saved)

  • Taurek challenges this assumption

• numbers do not morally matter in themselves

  • each person suffer individually, not collectively

  • you cannot justify:

    • one person suffering more

    • just because many suffer less

    • suffering is not additive

• compare:

  • one person suffers great pain

  • many people suffer small pain

  • claim:

    • no justification to impose greater suffering on one just to reduce lesser suffering for many

• implications:

  • rejects utilitarianism

  • suggests:

    • coin flip may be fair

    • numbers don’t decide

• problems:

  • ignores intuitive pull to save more lives

  • hard to apply in real-world policy

political authority and consent (Locke)

• Locke’s state of nature:

  • freedom: act as one wishes within natural law

  • equality: no one has authority over others

  • governed by law of nature:

    • no harm to life, liberty, or property

• legitimate authority requires consent:

  • people are naturally free and equal

  • cannot be subjected to government without consent

• express consent:

  • explicit agreement (ex: immigration oath)

• tacit consent:

  • implied through actions

  • examples:

    • using roads

    • owning property

    • living in the state

critique of consent theory (Hume)

• consent is rarely real in actual governments

• response to tacit consent:

  • people don’t see staying as a choice

  • leaving is often not feasible

    • poverty

    • language barriers

    • survival needs

  • analogy: like being forced onto a ship → staying ≠ consent

• rejects the “original contract” because:

  • too historically distant

  • changed over time → loses authority

  • cannot bind future generations

fair play theory (Hart)

• if others restrict their liberty for mutual benefit

• and you benefit → you must do your share

• focus on reciprocity and fairness

fair play theory refinement (Rawls)

• adds 2 conditions:

  • scheme must be just

  • benefits must be accepted (not merely received)

Simmons’ objection to fair play (PA and well example)

• benefits can be unwanted and unavoidable → recieving benefits ≠ having an obligation

• real obligations arise when the cooperative scheme is:

  • necessary - participation is essential for the scheme to function

  • fair - benefits and burdens are distributed justly

  • voluntary - individuals knowingly and willingly participate

• Simmons on accepting benefits (Rawls’ view):

  • to accept a benefit, an individual must:

    • have tried to get (and succeeded in getting) the benefit or

    • have take the benefit willingly and openly

  • Simmons: many government-provided goods are ‘open’ (cannot be avoided without significant inconvenience), meaning individuals cannot meaningfully accept them → no fair play obligation arises

• examples:

  • the well (free rider issue):

    • community digs a well collectively

    • Jones doesn’t contribute but takes water anyway

    • result: free rider - benefits without initial acceptance → no fair play obligation initially but intentional exploitation could raise moral concerns

  • the PA system (Nozick/Simmons on open goods):

    • town with 365 residents shares a PA system for news, stories, music

    • residents enjoy it passively but each must take a turn operating it

    • if you do not want to operate the PA system on your day, receiving the benefit (hearing broadcasts) does not automatically create an obligation to participate

democracy (Jones)

• a system of collective decision-making with equality

  • rule by the many

  • citizens influence decisions

• key features:

  • equal participation

  • free/fair elections

  • freedom of speech

  • access to information

  • right to run in office

• Plato’s criticism:

  • people are uninformed and self-interested

  • politics requires expertise:

    • democracy = rule of the ignorant

• Aristotle’s defence:

  • “the diner judges the meal, not the cook”

  • citizens experience outcomes

  • collective judgement can be valid

• intrinsic justification:

  • democracy is valuable in itself

  • based on freedom (autonomy) and equality

• instrumental:

  • democracy produces good outcomes

  • ex: better decisions and peace

property (Locke)

• private property:

  • self-ownership → own your labour

  • mixing labour with nature → creates property

  • labour = foundation of ownership

• limits property acquisition:

  • must leave enough and as good for others

  • cannot let goods spoil

  • prevents excessive accumulation

• money is an exception for these limits:

  • money doesn’t spoil → allows accumulation

  • people consent to inequality through exchange

• charity:

  • those in need have a right to survival

    • others must provide if necessary

convention theory (property, Hume)

• Social institutions such as justice, property rights, and government are not natural or based on promises, but rather are artificial solutions to coordination problems that emerge from shared-self interest  

• Conventions are stable, mutually beneficial, and unwritten rules that form when individuals recognize that cooperating allows for better outcomes  

justice (Rawls)

• original position:

  • hypothetical decision situation

  • behind veil of ignorance

  • no knowledge of:

    • wealth

    • status

    • abilities

  • ensures fairness

• why use the veil?

  • removes bias

  • ensures equality

  • treats people as moral equals

• two principles:

  • equal liberty principle: equal basic freedoms for all

  • difference principle: inequality allowed only if:

    • benefits least advantaged

    • equal opportunity exists

justice (Nozick)

• Entitlement theory focuses on historically, voluntary acquisition and transfer of property

• 3 principles:

  • just acquisition - dictates how people can rightfully come to own unowned natural resources

  • just transfer - dictates that a holding is just if it is acquired through a voluntary exchange, gift, or transfer from someone who already justly owned it

  • rectification - because the first two principles are not always followed (ex: theft, fraud, slavery), this principle is necessary to correct past injustices

• Wilt Chamberlain example:

  • if people voluntarily pay $0.25 to watch a talented individual and they then accumulate $250,000 from this, the resulting inequality is just, making enforced redistribution through taxation an unjust infringement on freedom

• Nozick’s rejecting Rawls:

  • redistribution violates liberty

  • taxation = forced labour

justice (Okin)

• justice is not merely public but must begin at home (private sphere), as the family is the primary placed where social norms and moral capacities are formed

• states that “a just future would be one without gender” where roles are not assigned based on sex

• defends the original position and veil of ignorance as powerful tools for feminist theory but criticizes him for failing to apply these principles to the family and gender-structured society