Political Philosophy Theorists

What are Hart’s three insights of Utilitarianism? Which does he reject? Why does Fuller reject Hart’s positivism (citing the Dissolute King and Nazi Wife)?

• Hart’s 3 Insights:

  1. Separability Thesis: Law and morality are distinct.

  2. Analytic Jurisprudence: Analyze legal concepts logically, not sociologically.

  3. Imperative Theory: Law is a command backed by a threat (Austin's view).

• Hart’s Rejection: Rejects the Imperative Theory because it ignores that people accept rules internally, they don't just fear punishment.

• Fuller’s Rejection: Argues law has an Internal Morality. If procedural standards fail, it isn't law.

• The Dissolute King (Rex): Fails to make law because his rules are secret, retroactive, or inconsistent.

• The Nazi Wife:

  • Hart: The law was valid but evil; punish her retroactively.

  • Fuller: The Nazi statutes lacked internal morality, so they were never laws; her actions were not legally protected

Explain Dworkin’s "Law as Integrity." How does it compare to Holmes (Realism), Posner (EAL), and Woo (Unitary Executive)?

• Law as Integrity: Law includes principles (moral standards), not just rules.

• Interpretation: Judges are like authors of a Chain Novel—decisions must "fit" precedent and provide "moral justification".

• Vs. Holmes (Realist): Holmes sees law as a prediction of courts ("Bad Man" theory). Dworkin sees it as a system of rights.

• Vs. Posner (EAL): Posner focuses on wealth maximization. Dworkin argues rights "trump" efficiency.

• Vs. Woo: Woo emphasizes executive power. Dworkin emphasizes judicial constraints.

What are the central tenets of Posner’s Economic Approach to Law (EAL)? What is the strongest objection to it and his reply?

• Tenets: Humans are rational wealth maximizers.

• Value: Determined by willingness to pay.

• Goal: Judges should interpret law to maximize efficiency/wealth.

• Strongest Objection: Rights-Based Objection (e.g., EAL could justify slavery if the master pays enough).

• Posner’s Reply: Wealth maximization acts as a proxy for utility and generally yields just results in the long run.

What are Radin’s four guiding principles? What "double binds" does this approach help dissolve?

• 4 Principles:

  1. Pragmatist Truth: Truth is tentative/evolving, not absolute.

  2. Embodied Perspectivism: Knowledge comes from lived experience (the body).

  3. Dissolution of Dichotomies: Reject splits like mind/body or reason/emotion.

  4. Consciousness Raising: Learning through group dialogue.

• Double Bind: A choice where both options oppress women (e.g., Commodification: banning surrogacy hurts poor women financially; allowing it sells women's bodies).

• Solution: Context-specific solutions rather than universal rules.

What are the three greatest sources of oppression according to Goldman? How does she respond to the objections that Anarchism is impractical and violent?

• 3 Sources of Oppression:

  1. Religion: Oppresses the mind.

  2. Property: Oppresses needs (labor).

  3. Government: Oppresses conduct.

• Solution: Direct action and rejecting external authority.

• Objection 1 (Impractical): She argues the State creates disorder; Anarchy is natural order.

• Objection 2 (Violent): She argues the State is the real source of violence; revolutionary violence is just self-defense.

Compare Rawls’ "Justice as Fairness" (Veil of Ignorance, 2 Principles) with Hospers’ Libertarianism. What are their objections to each other?

• Rawls:

  • Veil of Ignorance: Choose justice without knowing your status.

  • 2 Principles: Maximum Liberty & The Difference Principle (inequality must help the poor).

• Hospers:

  • Self-Ownership: We own ourselves absolutely.

  • State Role: Only protects against force/fraud. No redistribution.

• Objections:

  • Rawls on Hospers: Unfairly lets luck/birth determine survival.

  • Hospers on Rawls: Taxing the rich for the poor is "forced labor".

Compare Rawls’ political theory with A’la Mawdudi’s political theory of Islam. What grounds their dispute?

• Rawls: Assumes Pluralism and requires Separation of Church and State.

• Mawdudi: Proposes Theo-democracy. No separation of church/state.

• Sovereignty:

  • Rawls: Sovereignty lies with the People.

  • Mawdudi: Sovereignty lies with God (Allah); the state is a caliphate.

• Dispute Root: The source of legitimate authority (Secular Reason vs. Divine Command).

Describe the 4 approaches (Libertarianism, Sufficientarianism, Prioritarianism, Limitarianism). Why does Robeyns argue for Economic Limitarianism?

• The 4 Approaches:

  • Libertarianism: No limits (Hospers).

  • Sufficientarianism: Everyone needs a "floor" (enough), no ceiling.

  • Prioritarianism: Prioritize the worst off (Rawls).

  • Limitarianism: There must be a hard ceiling on wealth.

• Robeyns’ Arguments:

  1. Democratic: Super-wealth undermines political equality.

  2. Unmet Needs: Surplus money is morally required to solve urgent poverty/climate issues.

Explain Taylor’s critique of Atomism and Held’s critique of the Social Contract. Why do they prioritize Community and the Mother/Child relationship?

• Taylor (Communitarian):

  • Critiques Atomism (Liberal view of isolated individuals).

  • Argues we are socially constituted; freedom only exists within a community, so we have a duty to sustain it.

• Held (Feminist):

  • Critiques Social Contract for assuming selfish "economic men".

  • Argues the Mother/Child relationship (care, non-voluntary, permanent) is a better model for social ties than a contract.

What is the traditional question of philosophy vs. Foucault’s question? How does disciplinary power function?

• Traditional Question: "Who has the right to rule?" (Sovereignty) .

• Foucault’s Question: "How does power actually function?" (Mechanics) .

• Methodology: Analyze power from the bottom up (capillaries).

• Disciplinary Power: Functions through surveillance and normalization (e.g., Panopticon, school timetables) to create "docile bodies".

How do Bartky and West appropriate Foucault’s analysis for feminism and race theory?

• Bartky (Femininity): Women act as their own "inmates" in a Panopticon, self-surveilling to meet beauty standards (dieting, makeup).

• West (Race): Analyzes how scientific discourse created racial categories to justify white supremacy.

• Goal: To expose the "genealogy" of these powers and create a revolutionary future.