Social Contract Theory
What is the state of nature?
A situation before civil society is formed
What is the categorical imperative?
A command of reason that grounds morality: you should only act on a maxim that you could will everyone else act on.
What is Marx's critique of rights?
Rights come from capitalism and protect the individual as an egoist
What is the greatest happiness principle?
Things are good insofar as they promote pleasure and minimize pain.
What is Dworkin's interpretive model of adjudication?
The law exceeds what is "on the books" - it also consists of a set of principles of political morality that provide the best interpretation of the law as written
According to Hobbes, why do people enter civil society?
To get out of the perpetual conflict in the state of nature.
What makes juridical laws distinct from ethical laws?
Juridical laws are externally motivating while ethical laws are internally motivating (out of duty)
What is ethical life for Hegel?
The unity of right and morality in a social context.
What is McKinnon's critique of liberal rights?
They do not take into account the unbalanced nature of gender relations in society. People can be politically equal but not socially equal.
What is Hart's critique of the command theory of law?
Gunman scenario + law does more than prohibit behavior
What are some differences between Hobbes' and Locke's view of the state of nature?
Hobbes - Perpetually violent
Locke - violent sometimes but including certain rights and laws that maintain peace
According to Kant, what is the universal law of right?
Any action is right if it can coexist with everyone’s freedom in accordance with a universal law,
For Marx, why is it that rights do not depend on religion?
Religion belongs to the private sphere and is disconnected from political life. Political secularism does not mean that everyone living in a state is also secular.
What is the tyranny of the majority?
The concern that the majority of a population will impose their preferences onto the minority.
What are Hart's three secondary rules?
1) Rules of Recognition
2) Rules of Change
4) Rules of empowerment/adjudication