Studied by 246 people
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John Rawls ( 1921- 2002 )
Revived the discipline of political philosophy
theory of justice : the social contract & veil of ignorance
the social contract
a hypothetical agreement in an original position of equality
Original position of equality is reached..
when we go behind the veil of ignorance
veil of ignorance
If a person doesn't know his economical, financial, heath situation and is creating the laws, he will create it as fair as possible, because he doesn't know in which economic group of people he will belong to.
principles of justice
difference principle & equal basic liberties for all citizens
equal basic liberties for all citizens
each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty to others
difference principle
social and economic inequalities are to be arranged so that they are reasonably expected to be the greatest benefit of the least well off
4 rival theories of justice
Feudal /caste system
Libertarian
Meritocratic
Egalitarian
Feudal /caste system
fixed hierarchy based on birth. Based on accidents of birth.
Libertarian
free market with formal equality of opportunity . based on social , historical and economic biases and accidents
Meritocratic:
free market with fair equality of opportunity. Based on natural lottery, moral luck to have certain natural talents and abilities. ground on morally arbitrary facts
Egalitarian
Rawls’s difference principle. the only truly just system which is not based on any accidental facts or contingencies which are arbitrary from a moral point of view
moral desert
Rawls's general conclusion
idea that we deserve to be praised or rewarded for good behavior and blamed or punished when we act badly seems central to everyone's moral deliberation and practices.
entitlement
can only arise when certain rules of the game are in place. Once the principles of justice set the terms of social cooperation, people are entitled to the benefits they earn under the rules.
Minimal state:
only protection against force and theft
john Stuart mill
utilitarianism and Liberty
central concern
the limits of power that society and the state may legitimately exercise over the individual
the harm principle
an individual is accountable to society only for actions which may harm others
Domain of liberty:
Behavior that directly affects only oneself. it includes: Liberty of conscience, thought, feeling, opinion, tastes and pursuits, and freedom of association
no opinion should be suppressed because:
We can never be sure that a particular opinion is false.
confronting and refuting a mistaken opinion we gain something → a chance to strengthen the views we hold.
Essential value for Mill
individuality
why is liberty valuable for individuals
free development of their individuality is crucial to their well-being.
Experimentation
learning about the worth of different activities and ways of life
harm to others
legal
harm to self
social
crucial distinction of erasure between public and private
private acts in public can be prohibited
Whether this act can / does harm others ?
Isaiah berlin & two concepts of liberty
Negative and positive concept of liberty
Negative concept of liberty
Freedom is the Absence of physical interference and impediments to possible action
liberal
Positive concept of liberty
freedom is the presence of something: autonomy, self- determination, self direction, self mastery
illiberal /totalitarianism
violation of negative freedom:
you are directly interrupted and prevented from proceeding until you have complied with coercer’s demands. Our options for action are reduced
Violation of positive freedom
the coercer subjects your will to his. in suffering such subjection, you are revealed to be under external control. our autonomy is violated
republican concept of unfreedom
central concern : domination
freedom as non-domination
opposite of free regime
tyranny or despotism
Republican concept of Freedom
freedom as non interference
Someone dominates or subjugates another person to the extent that they:
have the capacity to interfere; on an arbitrary basis;
in certain choices another person is in a position to make.
Republican Vs negative liberty
republicans : one can be subject to domination without actual physical interference. Domination or non-domination is about the status of a person, not a particular action.
One be subject to interference but not dominated
These are non-arbitrary laws in two senses:
a) they are enacted by the processes of a proper constitution and rule of law
b) the laws are fully in accordance with the interests and values of citizens.
Republican Vs positive liberty
does not imply such a strong conception of citizenship
The rule of law, check and balances, and a working constitution are more important than direct and constant participation in politics
Equal natural rights
rights that each person has independently of the state and the law
implies that the government that violates individual rights lacks legitimacy
Political influence of the idea of natural rights
American Revolution (1765-1791)
Declaration of Independence (1776)
French Revolution and the Declaration of the Rights of Man and of Citizen (1789):
Universal Declaration of Human Rights (1948)
What is a right ?
justifiable claim, on legal or moral grounds, to have or obtain something, or to act in a certain way.”
A right is an entitlement
it is what is due to you. Rights can be rightly demanded, insisted upon
appropriate reaction when a right isnt met
indignation → but when a right is given there should be no gratitude bc it is what is owed to you
Legal rights
explicit in law and can be enforced through the courts
Institutional rights:
entitlements that derive from the rules of a particular organization
Moral rights
They are held to exist whether or not they are expressed in laws or rules.
moral rights often provide justification for legal rights.
positive rights
right to another person’s action: for every positive right, someone has a duty to do something
Negative rights
right to non-interference by others: for every negative right, other people have a duty not to do something. they are rights not to be interfered with – by other individuals or by the state.
civil rights
are rights against the state.
characteristics of a liberal state
include: freedom of religion, expression, movement, assembly, association, rights to equal protection of the law and equal treatment under the law, to a fair trial, to be presumed innocent until proven guilty, and the right against cruel punishment.
political rights
rights to participate in control of the state: the right to vote, to stand for public office, the right to organize political meetings, demonstrations and parties. These rights characterize the democratic state.
Economic rights
rights to benefits provided or guaranteed by the state.
Also known as welfare rights
These are rights to have one’s basic needs met. ex : rights to healthcare and education
social rights
These are positive rights: they are rights to receive something and entail a duty on the community, through the state, to provide these basic necessities.
characteristic of the welfare state
Human rights
moral rights of a fundamentally important kind held by all human beings, unconditionally and unalterably.”
they are Moral rights – people are held to have them whether or not they are recognized in law or in practice.
human rights are
fundamentally important – they are about basic interests, not trivial matters. to be held equally by all human beings, regardless of citizenship, nationality,
human rights are held by human beings ..
unconditionally and unalterably – they are rights people have simply as human beings. → no qualification required
How universal are human rights ?
Some object that universality of human rights conflicts with cultural diversity, that human rights are alien to some non-Western cultures, or that the claim to universality is merely arrogant Western moral imperialism.
Are human rights Absolute ?
absolute human rights are passive negative rights, namely, rights not to be acted upon in certain ways.
Conflicts of rights are unavoidable, so
rights cannot be absolute and may be overridden if necessary, in order to prevent a catastrophe or greater violations of rights.
Human rights in domestic politics
Rights set certain boundaries beyond which governments may not go in pursuit of their collective aims
Rights limit the legitimate power of government and protect individuals from having their fundamental interests sacrificed for the benefit of others.
Human rights in international affairs
Human rights set a minimum standard of decency required of all governments
A government’s right to govern its territory is thus not absolute, but limited by individuals’ human rights.
Hannah Arendt and the perplexities of human rights
if you claim to have rights as an abstract human being, not as a citizen of a particular state, who is obliged to realize and protect these rights ?
Hannah Arendt (1906-1975)
autonomy and dignity of politics
analysis of dark times: totalitarianism, the Holocaust and 20th century evil
Nature of Totalitarianism
Destruction of human freedom, spontaneity and plurality
attempt to realize the principle that everything is possible
Totalitarianism
unprecedented, novel regime → Totalitarianism entirely eliminates the distinction between private and public - your will and mind are also subjugated.
Three-Stage logic of total domination
the killing of the Juridical person in a human being.
The murder of the moral person in a human being.
The elimination of human individuality itself.
the killing of the Juridical person in a human being.
method : stripping people of their legal rights
The murder of the moral person in a human being
In this case, decision of conscience become impossible. The choice is no longer between good and evil, but between murder and murder
The elimination of human individuality itself.
Production of living corpses which proves that human beings as such are superfluous [unnecessary, easily disposable]. Human beings are reduced to animals or even lower creatures
right response to totalitarianism?
Liberals Say : freedom from politics (negative liberty)
Arendt disagrees : Totalitarianism is in fact a radical form of anti-politics
Authentic politics
collective debate, deliberation and persuasion. High degree of civic participation, adherence to law and constitutional government
Authentic politics is radically horizontal. : everything must be equal
Politics reveals our humanity:
reveals our who (uniqueness), not our what (abilities, character traits etc.)
true politics emerges for Arendt
it is sufficient that genuine politics emerged only rarely and momentarily
it is enough that humanity demonstrated only a few times what it can achieve politically
Viva Activia
labor, work and action
Labor
necessity, human survival. It corresponds to our most basic biological needs.
work
creates an artificial world which stabilizes, gives permanence and durability to our life
action
the only activity that takes places directly between human beings without an intermediary (matter or things). It corresponds to the human conditions of plurality and natality.
Key political conditions :
plurality and natality
plurality
each of us has a distinctive perspective on the world. can express by communicating in public
Politics arises between human beings.
Natality
not only birth in a literal sense, but It is our capacity to initiate, to start new processes and projects.
Plurality + natality =
essential conditions of authentic politics.
politics is not the same as rule or domination
politics is a form of no rule. It does not involve one individual or group ruling over others.
political equality (isonomy in Greek)
we debate and act with our peers. Isonomy is a political achievement, not a natural human condition.
Political (public) freedom
freedom to - it always has a worldly orientation
Freedom is inherently political - the essence of politics
true freedom can only be exercise and experienced together with others, our fellow citizens
Liberation is
always liberation from something or someone - whether from poverty or oppressive rulers
Liberation from oppressors may
be a necessary condition for freedom, but it is never a sufficient condition for the achievement of positive public freedom.
power vs violence
Power is not the same as possession of the instruments of violence.
Not command / obedience / rule over others
power
exists only as long as the group acts together. When political groups dissolve, their power disappears.
Violence is anti-political
Power can never grow out of violence
Technical rationality and rule-governed behavior
Here, rules by which we are guided can be explicitly formulated using strict scientific-rational methods.
Subjectivism / moral relativism.
Questions of ethical norms and political ends are assumed to be beyond rationality.
faculty of judgement
form of mental activity that is not bound to rules ; comes into play beyond the the confines of rule-governed intelligence.
must strive for general validity
types of judgement
Logical judgement
Perceptual judgement
Aesthetic judgement
Legal judgement
Historical judgement
Moral judgement
Political judgement
Logical judgement
an act of mind by which we affirm or negate propositions such as "all men are mortal"
Perceptual judgement
this table is brown
Aesthetic judgement
"This painting is beautiful"
Legal judgement
this man is guilty
Historical judgement
this event was consequential
Moral judgement
"This is the right thing to do", "This act was evil"
Political judgement
"This policy is just, or necessary, or advisable in the current circumstances"
Retrospective (past) judgement’s
judge past actions and decision→been very closely associated with legal judgements, or verdicts
prospective (future) judgements
judging is also something we do when we seek to decide about a future course of action. This calls for phronesis or practical wisdom
Note 
Flashcard (39)