JusticeReviewHandout[1] - Review Handout MR 22 Justice,...

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Review Handout MR 22 Justice, Fall term 2003/04 Utilitarianism: Bentham and Mill - Should Dudley and Stephens have been found guilty of murder? - What calculations does Bentham say you need to make to arrive at the correct solution? Are these calculations possible? If not, why not? - Note that Bentham describes a political community as a body with various parts, and suggests that the interests of such a community is the sum of the interests of the individuals comprising it. Is a community nothing more than the sum of its parts? If not, why not? - What is the relevant community then performing utilitarian calculations: nation, humanity, sentient animals? - Can utilitarianism support any notion of individual rights? How would this be done? - What does Bentham assume about human nature? Mill? - Are all human desires commensurable? Or should a moral theory distinguish the noble from the base? How does Mill distinguish between higher and lower pleasures? Is his account persuasive? - Is Mill really a utilitarian? If yes, how so? If not, why not? Libertarianism: - What is a “patterned distribution,” and why do Libertarians object to it? Among merit (hard work), value, luck, and random outcomes produced by free choice, which is the most just way to distribute goods, or does justice call for another method of distribution? - What is the minimal state? Why does anything more than a minimal state violate people’s rights, on Nozick’s view? - Why can’t the minimal state engage in taxation? Why does Nozick say taxation is on par with forced labor (slavery)? Is there a difference between the two? - Make sure you know the meaning of the phrases “justice in acquisition” and “justice in transfer.” What is required for acquisition to be just? For a transfer to be just? Are either of these even possible in the “real world?” - What does equal treatment call for? Equality of opportunity, equality of outcome, or something else altogether? Does equal treatment conflict with equal results, as Hayek argues? Locke and Property Rights: - What, for Locke, constitutes the basis for legitimate government? Is government legitimate because it serves certain ends, or because it was arrived at by a certain procedure? - What constitutes consent for Locke? Distinguish between explicit and tacit consent. Must there have been an original, historical “social contract” for a society to have been legitimately founded, or is it enough that we can tell ourselves a sort of “origin story” that imagines such a social contract?
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- What is the state of nature? Where does the law of nature come from? How are people equals in the state of nature? Describe the ways that we can leave the state of nature (via the state of war, or via the social contract which leads to civil society). -
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This note was uploaded on 04/07/2008 for the course MORAL REAS 22 taught by Professor Sandel during the Fall '05 term at Harvard.

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JusticeReviewHandout[1] - Review Handout MR 22 Justice,...

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