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“freedom to”
ex. the First Amendment: “the freedom of speech…or right of the people peaceably assemble” = the freedom “to” peaceably assemble
no unreasonable constraints may be placed on doing so
“freedom from”
ex. The Fourth Amendment: “the right of people against unreasonable searches and seizures” = the “freedom from” unreasonable searches/seizures
reciprocal implications
the idea that:
freedom “to” peaceably assemble —> freedom “from” anyone interfering with peaceable assembly
freedom “from” unreasonable searches —> freedom “to” be secure in “persons, houses, papers, and effects”
Rights
distinct from freedoms, others are obligated not to interfere with your rights
ex. you have a right to speak, others are obligated not to interfere with you doing that
Constraints
freedoms are limited by constraints
Kinds of constraints
7 total: legal rules, political principles, moral principles, social pressures or expectations, interpersonal pressure or expectations, psychological needs, physical limitations
Legal constraints
you do not have the freedom to take your neighbor’s car if there is a law against it
Political constraints
a subset of legal constraints
basic matters of justice and participation in the political order
ex. freedoms guaranteed by First Amendment
Moral constraints
you are not morally free to life —> you are morally obligated not to lie
Social constraints
you are not socially free to go naked in public —> if your aversion to others’ judgment or public ostracism prevents you from doing it
sources: peer pressure, customs,
Interpersonal constraints
social constraints but “one-on-one” or small group
ex. not cheating on your partner, not reneging on paying a bet
psychological constraints
you are not psychologically free to defeat your five-year-old sibling at chess if you cannot overcome your aversion to making them feel bad
can be based on a wide variety of psychological characteristics
needs: your need for companionship might prevent you from confronting a friend
love: your love for your children may prevent discipline
fear: your fear of pain might prevent you standing up for justice
physical constraints
you are not physically free to fly if physical laws prevent you from flying (ie gravity)
Constraints based on obligations vs not based on obligations
Based on obligation: legal rules, political principles, moral principles
not based on obligation: social pressure or expectations, interpersonal pressure or expectations, psychological needs, physical limitation
Normative Vocabulary
ex. words related to “obligated” are required, permitted, and forbidden
Non-normative vocabulary
ex. related to “obligated” necessary, possible, impossible
Necessary vs Required
everything that goes up must come down: necessary
every hoya must take two philosophy courses: required
Possible vs Permitted
can pigs fly: possible
can I go to the bathroom: permitted
Normative vs Non-normative constraints
Normative: legal rules, political principles, moral principles, Non-normative: social pressure, interpersonal pressure, psychological needs, physical limitations
Aristotle
384 BC-322 BC, one of the founders of Western philosophical tradition, student of Plato and tutor to Alexander the Great
responsibility
we are held morally/legally responsible generally for voluntary actions
exceptions: criminal negligence and “strict liability” (strict harassment laws)
Non-normative use of responsibility
“who caused this mess?” “the dog” —> the dog caused the mess, but should not be arrested
Normative use of responsibility
“who’s responsible for the accident?” “the other driver” —> this is a legal question (if you are drunk, you will be held responsible in car accidents)
Aristotle’s Definition of Voluntary Action
action must have its origin in the agent AND
agent must know the particulars in which the action consists
both must be true
Condition: Origin in the Agent
the opposite of “coming about by force” (ex. being carried off by the wind)
Test Cases
also border, edge, corner cases
test the limits of a proposed definitions
a paradigm is a clear case at the center of a definition
Test Case: Mixed Action
a ship’s captain threw cargo overboard to save the ship, did he do it voluntarily?
you are cornered on the street at 2AM by a man with a gun, he demands your wallet, you hand it over, did you do it voluntarily?
as Aristotle states, it seems more voluntary, because you are choosing the lesser of two evils
Condition: Knowledge of the Particulars
Intuition: sometimes we excuse a crime if agent was ignorant about important aspects of what she was doing (giving poisoned medication without knowing it was poisoned)
Ignorance of particulars vs ignorance of universal
Ignorance of the particulars
not knowing some specific details about one’s action
ex. who is doing it, how he’s doing it
Ignorance of the universal
not knowing that what one is doing is wrong
Aristotle argues this is NOT an excuse
done in ignorance vs caused by ignorance
Drunk: caused by ignorance (you knew better)
Anger: done in ignorance (you did it in bad faith)
Aristotle argues that drunkenness and anger are NOT excuses
Involuntary vs Non-voluntary
involuntary: you feel pain and regret
non-voluntary: no remorse (ex. killing a cockroach)
Saint Thomas Aquinas
1225-1274, Italian, a leading medieval philosopher, grand synthesis of Roman Catholic theology and Aristotelian philosophy (leading thinker for the Jesuits)
Three Types of Ignorance
Concomitant, Consequent, Antecedent
Concomitant Ignorance
had you known what you didn’t, you would NOT have acted differently
you would have done the act regardless (NO pain/regret)
Indifference: stepping on cockroach by accident
Coincidence: you do something accidentally that you wanted to do anyhow
man wanted to kill enemy, but killed him in ignorance thinking he killed a stag
accompanies the act
Consequent Ignorance
ignorance for which you are responsible
willful ignorance: when you actively choose ignorance
“plausible deniability” mob boss
not showing pictures (hear no evil, see no evil)
not knowing what you can/ought to know: “neglectful ignorance”
not attending to what you should
not acquiring knowledge you should have
comes AFTER the act
Antecedent Ignorance
ignorance that leads you to act in a way you wouldn’t otherwise act
ignorance for which you are NOT responsible (the ONLY form of ignorance which is an excuse)
comes BEFORE an act
First Article: Intentional Action
voluntary action is intentional (action for sake of an end goal) —> this involves a rational component (you MUST know your end)
Second Article: Do Animals Act Voluntarily?
animals are not rational —> they cannot know their ends —> acting voluntarily requires knowing one’s end —> therefore, animals cannot act voluntarily
Rational vs non-rational voluntary action
perfect vs imperfect voluntary action
non-rational: apprehension or experience of the goal
ex. cats just eat
rational: understanding one’s goal AS a goal
ex. humans know the ways to go about satisfying hunger
Deliberation
the distinction between rational and non-rational knowledge of the end
What does deliberation presuppose?
there must be alternative means for attaining a given end
you must reflect on which alternative is preferable or the best one
Free vs natural judgment
animals act from natural instinct (hardwired) while humans act from free judgment (which involves deliberation)
Why does Aquinas think we’re free?
Article 4 of “On the Voluntary and the INvoluntary”
First part of the Second Part, Question 13, Article 6
First Argument: Terminology
violence: making something act contrary to its nature
the commanded act of the will: the action one wills to perform (can be compelled)
the immediate act of the will: the act of willing to perform the action (Can not)
the volition itself, the choice
First Argument: Aquinas’s Claim
the commanded act can be compelled
the immediate act cannot —> because choice cannot be compelled
Why can the immediate act not be compelled?
to choose (to have an act of the will) is to have an inclination from an internal principle
to be compelled is to be forced by EXTERNAL principle
therefore, choice can never be compelled
WHAT ABOUT BRAINWASHING?
Shaw experienced himself choosing, but he didn’t because it was compelled —> therefore, it wasn’t a true decision
Argument by definition
an argument based on defining the terms so that the conclusion is true
immediate act argument is an argument by definition
“No True Scotsman” Fallacy
A: No Scotsman puts sugar in his porridge
C: My uncle puts sugar in his porridge
A: Well, no true Scotsman does that
circular reasoning
Argument of Q. 13, Art.6
The will is able to choose anything that reason can regard as good
When confronted with a choice between two courses of action, reason can find a way to see both courses of action as good in some respect
therefore, the will is able to choose EITHER course of action
Aquinas’s Model of Free Choice
will: having an end or goal
election: choosing the means to your goal
appetite: to seek —> to will is to seek something (to move towards it)
Free Choice
deliberates or reflects rationally on how to achieve their ends (means)
that deliberation results in a choice to act a certain way
rationally
The Scope of Free Choice
deliberation concerns choosing means to end, so we cannot deliberate about our ends
but we CAN deliberate our ends by subordinating them (creating further ends)
The Last End
the ultimate or final goal of all human life
happiness
Why must there be a last end?
we act because of our appetite towards end goals
Weakness of the will
the inability to act on your decisions (also called “incontinence”)
incontinent actions are voluntary —> incontinence is a failure of freedom
Voluntary Action vs Free choice
voluntary action: doing something on purpose
free choice: choice formed through rational deliberation
ex. you don’y eat a banana split by accident, but you may have gone against your better judgment
Lust (“concupiscence”)
the will is weak when it doesn’t consent to the judgment of reason
when one chooses to do what they WANT to do, but KNOWS they should not
Voluntary Action from Unfree Choice
giving in to a desire in contravention of your better judgment
results in voluntary action: you are doing what you choose to do (acting on purpose)
an instance of unfree choice because the will doesn’t consent to the judgment of reason
What if We Don’t Deliberate?
animals don’t deliberate —> if we don’t deliberate we are no better than animals —> then we do not act voluntarily in rational ways
therefore if we do not deliberate, we should not be held responsible for what we do any more than animals should
BUT, we CAN and OUGHT to deliberate (ignorance of the universal)
The Goal of An Argument
to provide reasons for a position on a controversial issue
Monty Python: a connected series of statements to establish a deifnite propositions, an intellectual process
How Arguments Work
premise: anything that must be taken for granted, NOT supported by other statements
conclusion: the position or thesis
argument (connecting statements): the argument connects the premises to the conclusion
Connecting Statements
intermediate conclusions: like a subtotal
statements of logic/reasoning in argument
Logic of an Argument
the way in which the premises are intended to support the conclusion
argument tries to convince you that given the premises, the conclusion is likely to be true
“Otherwise” can be reformatted into
“not”
Terminology of Arguments
“If…then”: conditional
“If”: antecedent
“then”: consequent
NO MATTER THE ORDER
Contingent vs Necessary
necessary: something that must happen (cannot fail to happen)
an unsupported physical object near surface of the earth will fall
contingent: something that is possible but not necessary
facts are contingent, ex. it is 32 degrees
deliberation is among contingent actions
Is Free Choice Choice that is Not determined?
we have knowledge so we can act from judgment
we have the rational power to compare options
the options we compare are contingent, not necessary
so our choice of option to pursue is not determined
def: free choice is choice that is not determined
therefore we have free choice
Providing Reasons to Reject a Premise
offer your own argument whose conclusion is the negation of the premise
choose target carefully ex. hard to negate “a stone has no knowledge”
Determinism: The Objection
the thesis that all natural events or happenings are rigorously caused by what precedes them
our actions and choices are natural events
hence, when we choose, our choices are determined by what precedes them
therefore, the options among which we choose are necessary, NOT contingent
Challenging the Conclusion
you cannot just say no, but you can argue that if the conclusion was true, then it is impossible or implausible consequences will follow
Statement of the Logic
ex. “in order to make tis evident”
reductio ad absurdum
trying to show that something is impossible or implausible
Objecting to the Logic of an Argument
show that premises can be true while the conclusion is false
ex. judgment requires knowledge, animals have knowledge, so animals can act from judgment
just because judgment requires knowledge doesn’t mean that it is SUFFICIENT for knowledge
False Dichotomy (or False Dilemma)
ex. you’re either first or last
Ad hominem
“you’re a crook”
happens a lot in politics
Genetic Fallacy
when you object to the origin of an idea or the argument, rather than the idea itself
Statistical Arguments
ex. if party out of power tends to gain seats and the Democrats are out of power —> democrats will gain seats
but not always true, they are “likely”
Hasty Generalization
basing a statistical conclusion on an insufficiently robust example
ex. everyone in this room is smart, therefore all human beings must be smart (130 people is not enough)
Biased Sample (Cherry Picking)
everyone in this room is smart
therefore…
we are all Georgetown students (bias)