LAWS302 Jurisprudence: Purple Zone: Individual and Subject - "What should you do?"

utilitarianism

Doing the greatest good for the greatest number of people

What ethical theory believes that the ends justify the means?

utilitarianism

What ethical theory believes that you can do bad as long as the outcome benefits the greater good?

utilitarianism

What ethical theory believes that actions are right or wrong solely based on their consequences?

utilitarianism

What ethical theory is a form of consequentialism?

utilitarianism

What does utilitarianism believe should be maximised through actions?

utility or preference satisfaction, or happiness

In utilitarianism, the more happiness created =

the better the act

In utilitarianism, all happiness is

equal. It doesn't matter who has it or how it is shared. What matters is strength/amount

What ethical theory is very rights-focused?

deontology

Deontology focuses on the

nature of the act itself and how it relates to our obligations to each other

What ethical theory believes actions are right or wrong, good or bad, based on whether they respect others' dignity, autonomy, humanity, etc, and uphold duties one has towards them

deontology

what is the opposite of a duty?

a right

What ethical theory believes consequences are largely irrelevant?

deontology. if the action causes harm or benefit doesn't matter if the rights have been upheld

the golden rule

Do unto others as you would have them do unto you

which ethical theory believes in always treating people as an end and never a means?

deontology

Which ethical theory believes that rational beings should never be instrumentalised?

deontology

Rationality/autonomy are intrinsic values… why?

Ethics relies on being able to freely and rationally choose what is good; it is only our wills that can be truly good; good is something we are personally responsible for through the use of our wills

how would utilitarians and deontologists respond to the trolley problem?

• Utilitarianism would say flick the switch to save the many and kill the one

• The deontologist would say don't touch the lever so that there is no blood on your hands; you are not responsible for someone else's decision; death isn't the problem; killing is

Which ethical theory is not concerned with the act at all

virtue ethics - it is concerned with the character of the actor

what is the key question for virtue ethics?

what kind of person should I be?

in virtue ethics, the conduct is criticised or praised based on =

what the actions reflect about the person

what is phronesis/prudence?

the art of choosing well

Examples of Aristotelian virtues =

phronesis, wisdom, courage, generosity, gentleness, honesty (about oneself), justice, fairness, magnanimity, fortitude

Examples of Aquinian virtues

prudence, temperance, justice, fortitude (in relation to others), faith, hope, virtue (in relation to God)

The chair example - you own a chair and are frustrated with it. What do the ethical theories say you can do about it?

• utilitarianism → you own the chair. If you want to destroy it, and this won't affect the happiness of anyone else, go for it; it is your chair

• deontology → destroying the chair breaches no duty to any other rational agent, provided it is your chair. Not necessarily a bad thing to do

• virtue ethics → don't destroy the chair; this is giving in to violence and frustration, which are not characteristics of the person I aspire to be; it is not a good thing to lose your cool; it doesn't reflect good character

what does conforming to the law mean?

not breaking the law for some other rational reason, not because it is the law

what does obeying the law mean?

taking the law as a reason for action

authoritative command

the idea that you are only truly obeying the law when you are told to do so, and not because it is a good idea to do so

persuasive argument

you are following a law because it is a good idea to do the thing, not because it is a law

the claim of political obligation

“Everyone within the jurisdiction of a legal system has a pro tanto [or ‘defeasible’] moral duty to obey every law of the system, just because it is the law.”

pro tanto

a moral consideration is genuine and carries weight, but it is not absolute. it can be overridden by other valid considerations if needed. ItA

philosophical anarchism

denial of the existence of a moral duty to obey the law

the premises and conclusion of philosophical anarchism

• Premise 1: the rational, responsible, autonomous (moral) individual should always and only make choices on the basis of reasons and reflection

• Premise 2: when one obeys an authority, one is acting on the basis of what they have been told / commanded rather than reasons and reflection, and suspends their reasonable judgement, even for a moment

• Conclusion: the rational, reasonable, autonomous (moral) individual should never obey authority (though sometimes they should comply)

according to philosophical anarchism, what can you never morally obey?

authority

which legal philosophy believes that taking responsibility for one’s actions means making the final decisions about what one should do, and that there is no such thing as a command?

philosophical anarchism

consent theory

you have a duty if you promise or consent to be bound, and a rational person would uphold their promise

what ways could consent be assumed or implied in consent theory?

implicit consent through participation in politics, reliance on civic institutions, benefiting from the law, staying in the country when you could leave

social contract theory

What would reasonable people consent to if you had the opportunity? that becomes the content of the law you should follow

General Structure of Social Contract

• A state of nature where there is no law or government (bad) and all are totally free (good?)

• a reasonable person would, in that context, would give up some freedom along with others giving up some freedom, to introduce order and therefore safety

• Freedom is given up by all for a better society; now bound to a central authority or sovereign