POLISCI2537: Midterm

What groups are studied in political theory

• political institutions

• political practices

• political forms of organization

What is being studied in political theory

• what groups and whether these groups can be justified

• how these groups should be arranged

• the decisions these groups should make

What are political scientists asking

They are asking descriptive questions and are asking how the world is

Are political scientists objective

Yes

What are political theorists asking

Normative questions and are asking how the world should be

Are political theorists objective

No

What are normative questions

Dont have falsifiable answers

What is falsifiable

Can be proven to be false

What are conceptual questions

Often contested, leading to disagreement that cannot be resolved

What types of questions are political theorists primarily interested in and why

Conceptual and normative questions which cannot be resolved or proven right or wrong

BC most political decisions are normative

What tools does political theory provide us with

1. Clarifying values being invoked

2. Drawing attention to unstated assumptions

3. Drawing attention to alternative possibilities

What theory is much of political theory known as

Ideal theory

What is ideal theory

Everybody complies with the principles and knows that everyone else will comply

• very unrealistic 

What are the two parts of an argument

1. premise

2. conclusion

What are premises

Statements in support of the conclusion

What is the conclusion

The claim a person is trying to prove

What are the steps to evaluating a debate

1. Break the argument down

2. Ask: do the premises support the argument?

3. Ask: are the premises reasonable/ acceptable/ true?

Why does the state need to be justified

State has monopoly on legitimate use of coercion

• the monopoly needs to be justified for it to be legitimate

What is procedural legitimacy

Its decisions are democratic 

What is outcome legitimacy

The state does what is best for its citizens

What do Bentham and Utilitarians believe

Legitimacy depends on whether a law contributes to the happiness of its citizens

What is political obligation

Each of us are under a moral obligation to obey every law that provides us with a content-independent reason for doing so 

What is political obligation NOT

• why we legally have to obey the law

• why we actually obey the law

What does each of us mean (Each of us are under a moral obligation to obey every law that provides us with a content-independent reason for doing so)

Every person present in the political community

What does content-independent reason mean (Each of us are under a moral obligation to obey every law that provides us with a content-independent reason for doing so )

Functions independently from the nature, character, or content of the action to be performed

What is philosophical anarchism

A theory that believes that there is no content independent moral obligation to obey the law

What are the 2 versions of philosophical anarchsim

A priori

A posteriori

What is the consent theory

Citizens are obliged to obey the law because they have consented to do so

What are objections towards the consent theory

Express consent

Tacit consent

What is express consent

Doesnt generate obligations in many people

What is tacit consent

Has a very weak link to the obligation to obey

What is a priori

When it is impossible to provide a satisfactory account of any obligation to obey the law

What is a posteriori

When a satisfactory account of the obligation to obey the law has not yet been found 

What is the fair play theory

Those who have received their fair share of benefits of a just practice have an obligation to take their fair share of its burdens

• Those who have gotten to benefits of living in a law abiding society have an obligation to shoulder the burdens of obeying the law

What are the objections of the fair play theory

Mere receipt of benefit

What is the mere receipt of benefit

When you receive a (unchosen) benefit it seems insufficient to put anyone under an obligation to contribute to it 

Who are 2 scholars that disagree with fair play theory

Nozick

Simmons

What is the radio programme

• Nozick

• Voluntary actions justify outcomes, no one is forced to benefit or contribute

What is the receiving vs accepting a benefit

• Simmons

• Most citizens only receive but do not accept to receiving state benefits

What is the associative duties theory

People acquire political obligations simply in virtue of belonging to their political community and identifying with it

What are objections to associative duties

1. are families and polities relevantly similar?

2. does the associative theory confuse being under an obligation with feeling that one is under an obligation?

3. does the associative theory imply that identifying with an unjust polity would mean that one had the obligation to obey it?

What is the natural duties theory

We have a natural duty to obey the law that is derived from a general duty to support just or nearly just institutions

What are objections to the natural duties theory

• will not justify an obligation to obey the law in unjust states

  • not content-independent

• is it possible for the duty to support reasonably just institutions generate an obligation that binds the citizens of a state to its particular laws and instutions?

  • particularity requirement

How do we meet the particularity challenge

• Each citizen to acknowledge and act upon a special obligation to support the just institutions under which they live

What is a pluralist account

Combines all 4 theories

• consent

• fair play

• natural duties

• associative

What is civil disobedience

a public, conscientious and non-violent breach of a law that aims to bring about change in a law or government policy

Why is civil disobedience not the same as a legal protest

Because a civil disobedience breaks the law

Why is civil disobedience not the same thing as a revolution

Because it respects the law

• if someone gets arrested they will accept getting arrested

What is direct civil disobedience

Law being broken is the same law that is regarded as unjust

What is indirect civil disobedience

A different law is being broken

What is conscientious (civil disobedience)

Motive for disobedience must be a sincere belief that a law is unjust or unfair

What is public (civil disobedience)

Public act and is communicative

• appealing to the sense of justice of others

• must take responsibility for breaking the law

What is the no violence perspective of non violence (civil disobedience)

• MLK Jr = we should be as pure as the ends we seek

• Rawls = pragmatic reasons

What is the moderate view of non violence (civil disobedience)

Psychical and psychological harm is NOT okay but self harm, property damage, etc is OK

• must be directly related to the law/ policy that is seen as unjust

• Brownlee

What is the extreme view of non violence (civil disobedience)

Direct violence against others could be justified 

• Morreal

What is the natural law theory

Justification for civil disobedience

• injustice must be serious and longstanding

• civil disobedience must be the last resort

  • already used proper political channels in a democracy

Who agrees with the natural law theory

MLK Jr

What are some objections towards the natural law theory

Concerns about anarchy and others putting themselves above the law

• therefore, civil disobedience should never be justified

What are some other reasons people may justify civil disobedience

Using any justifications for political disobedience

Who created the 2 kinds of liberties

Berlin

What are the 2 kinds of liberty

1. Positive liberty

2. Negative liberty

What is negative liberty

The absence of a constraint is usually imposed by others

What are the constraints on freedom for negative freedom

Actual external interference

What is positive freedom

People can be constrained not only by external factors but also by internal factors and social/ material factors

What is the master of one’s self

Implies there are 2 selves: higher and lower

What is your higher self

What you actually want to do

What is your lower self

Short term satisfaction

When are we positively free according to positive freedom

When we become a master of one’s self: our higher self

What is republican freedom

Freedom as a non-domination

• does not require actual interference 

• requires awareness of vulnerability on both sides

  • the powerless

  • the empowered

What is domination

The capacity to interfere on an arbitrary basis in certain choices that someone else could make

What are the anti-powers for republican freedom

1. democratic decision making

2. university policies/ regulations

3. labour/ tenant laws

What are the 2 groups that debate poverty and what do they believe

1. Socialists

   1. The poor (under capitalism) are less free than the rich

2. Libertians

   1. The poor are no less free than the rich

What do libertians argue

1. Freedom is compromised by interference from others, not by a lack of means

2. However, lacking money is a lack of means, not an interference from others

3. Therefore, poverty does not imply a lack of freedom

What do some libertians argue about the goverment?

4. The primary task of the government is to protect freedom

5. Relief of poverty is not part of the primary task of the government

What are the 2 socialist strategies

Strategy #1: Freedom requires not only the absence of interference but also the presence of abilities

• rejects negative liberties

Strategy #2: Poverty leads to interference from others

• accepts positive liberties

What does Amartya Sen believe 

Socialist strategy #1:

• well being is constitued by various functions

  • health, happiness, self respect

• a person has the capability to achieve a functioning if they are effectively able to do so

• if a person lacks the capability to achieve a functioning they are unfree

What does Berlin believe

That a lack of money is a lack of means to exercise freedom but not the lack of freedom itself

What did GA Cohen believe

• Socialist strategy #2

• People are made unfree by the interferences of others

  • to lack money is not merely to lack the means to do something but to lack the freedom to do that thing

• Ticket argument

What are reasons to value free speech

• Enables democracy

• Allows truth seeking

• Promotes autonomy

Who aligns with truth seeking and what does he believe

Mills

• Dead dogma

What is dead dogma

A belief that people accept unthinkingly, without understanding or questioning it

• happens if society silences opposing views

• without debate, truth loses its meaning and people cant truly appreciate why its true

Free speech as a negative freedom

Speech is free when others do not interfere with your ability to express yourself

Free speech as a positive freedom

Speech is free when the circumstances for expressing yourself are in place

What are the options for limiting free speech

1. No limits

2. Limits on harmful speech

3. Limits on offensive speech

4. Limits on speech inconsistent with democratic citizenship

Mill’s harm principle

Don’t say something that will cause direct harm to others

Feinburg’s offense principle

Argues in favour of limiting very offensive speech

• however, penalties for offensive speech should be lower than that of harmful speech

What are Feinburg’s considerations for limiting offensive speech

1. Extent, duration, and social value of speech

2. Ease of avoiding speech

3. Motives of speaker

4. The number of people who are offended

5. The intensity of the offensive speech

What are other effective tools for limiting speech

Legal sanctions and shaming

What is Mills terrified of

Social pressure

What is no platforming

Either the refusal of a university to give a speakers place to speak or protests by students that make speech impossible

What are the two arguments that support no platforming

1. It is a permissible violation of free speech

2. It is not a violation of free speech because you can still speak, just not at the university

What is the challenge with the definition of hate speech

Not having an over or under-inclusive definition of hate speech

Why is the challenge of hate speech a challenge

Because our definition of hate speech is what will be used to enforce laws against it

However, we have different intuitions as to what counts as hate speech

Reasons hate speech follows the harm principle

1. Hate speech could entice violence

2. Discrimination

3. Attacks on dignity 

   1. It is time for you to face degradation and exclusion from the society that currently shelters you - waldron

What is Boonin’s stance on hate speech

Hate speech should not be banned because it is already effectively prohibited by other legislation