Harm Principle and Privacy Rights Quiz

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Questions and Answers

What is the essence of John Stuart Mill's no harm principle?

The essence of Mill's no harm principle is that the state should only intervene in individual actions if those actions prevent harm to others.

How did Bentham's view on sodomy laws differ from the natural law perspective?

Bentham argued that sodomy laws should be repealed as they caused harm to individuals who engaged in such acts, emphasizing the pursuit of utility and happiness over conformity to moral codes.

Describe the significance of Griswold v. Connecticut in terms of privacy rights.

Griswold v. Connecticut established the constitutional right to privacy by identifying 'zones of privacy' implied within the Bill of Rights, particularly related to contraception access.

What was the ruling in Bowers v. Hardwick, and how was it later corrected?

Bowers v. Hardwick upheld a Georgia law criminalizing sodomy, asserting that the constitution does not protect such conduct; it was later overturned by Lawrence v. Texas, which reinforced privacy rights in consensual sexual relationships. Signup and view all the answers

How did the 9th Amendment contribute to the understanding of individual rights?

The 9th Amendment acknowledges that the enumeration of certain rights in the Constitution does not deny other rights retained by the people, supporting the idea of a broader right to privacy. Signup and view all the answers

What was the significance of Evans v. Romer regarding LGBTQ individuals and the equal protection clause?

It ruled that Amendment 2, which barred LGBTQ individuals as a protected class, violated the equal protection clause due to targeting them with animus. Signup and view all the answers

How does the concept of gender performativity challenge traditional views of gender?

It posits that gender is not a fixed binary but is shaped by social norms and performed through individual behavior. Signup and view all the answers

What is the Nordic model concerning sex work and how does it differ from other approaches?

The Nordic model criminalizes clients while decriminalizing sex workers, focusing on reducing harm rather than fully criminalizing sex work. Signup and view all the answers

In what way did the case Reed v. Reed address sex discrimination?

It ruled that Idaho's preference for men as estate administrators lacked a legitimate government interest, thus establishing a precedent against sex discrimination. Signup and view all the answers

What argument does Pauli Murray make regarding sexual discrimination?

Murray argued that sexual discrimination should be understood in the context of 'Jane Crow,' highlighting the intersection of race and gender discrimination. Signup and view all the answers

What do the terms overinclusive and underinclusive laws refer to in legal context?

Overinclusive laws apply to individuals they shouldn’t, while underinclusive laws fail to cover all individuals they should address. Signup and view all the answers

What does the chilling effect refer to in the context of reproductive rights?

The chilling effect describes the fear of prosecution that can lead providers to deny or delay care, impacting access to reproductive services. Signup and view all the answers

How did the decision in Dobbs v. Jackson impact privacy rights in relation to same-sex marriage cases?

The logic used in Dobbs could be applied to challenge the rights established in Lawrence and Obergefell, threatening privacy protections. Signup and view all the answers

What does the term 'expressive association' mean in legal framework?

Expressive association allows individuals to gather and form groups based on shared beliefs, which is crucial for marginalized communities. Signup and view all the answers

What is meant by the term ‘double bind’ in relation to LGBTQ identities?

A double bind refers to the conflicting demands faced by LGBTQ individuals to conform to social norms while maintaining their identity, often leading to erasure. Signup and view all the answers

How does Critical Race Theory critique traditional feminist movements?

It challenges the focus on a white, middle-class experience and questions whether feminist theories adequately represent the interests of women of color. Signup and view all the answers

What did the Defense of Marriage Act (DOMA) establish in 1996?

DOMA defined marriage at the federal level as the union between one man and one woman and allowed states to refuse recognition of same-sex marriages. Signup and view all the answers

What is the significance of the term 'suspect classification' in legal discussions?

It refers to categories like race and sex that trigger heightened judicial scrutiny when laws discriminate against individuals in those categories. Signup and view all the answers

What does the concept of biopower, as described by Foucault, entail?

Biopower refers to the regulation of populations by modern governments through the intersection of political and biological power. Signup and view all the answers

Study Notes

Harm Principle and State Intervention

John Stuart Mill's harm principle dictates intervention only when preventing harm to others.
Lawrence v. Texas utilized this principle, arguing sodomy is a private act not harming others.
Natural law advocates for significant state intervention to uphold moral order.
Bentham opposed natural law, emphasizing utility, pleasure, and happiness as the driving forces behind human actions.
Bentham argued that sodomy laws should be repealed as they harm individuals and lack social benefit.
The goal of laws should be maximizing societal utility.
Hobbes believed the state's role is primarily protection, not individual betterment.
Sanger aimed to utilize Mill and Bentham's principles in planned parenthood.

Privacy Rights and Constitutional Interpretations

Griswold v. Connecticut and Roe v. Wade established the constitutional right to privacy, based on the "penumbras" implied within the Bill of Rights.
The Ninth Amendment acknowledges rights not explicitly listed in the Constitution.
Eisenstadt v. Baird broadened privacy rights from marriage to individuals.
Several cases relied on the precedent of earlier rulings (Roe v. Wade, Planned Parenthood v. Casey, Lawrence v. Texas, Obergefell v. Hodges).
Bowers v. Hardwick initially upheld anti-sodomy laws, later overturned by Lawrence v. Texas.
Romer v. Evans challenged laws targeting LGBTQ+ individuals, using "animus doctrine" (hostile intent). Scholars contested interpretations of the ability for laws based on traditional beliefs.
Modern reconciliation separates sexual identity from sexual conduct.

Gender and Sexuality

Gender absolutism views gender as a fixed binary, contrasted by gender performative theory which sees it as socially constructed.
Free market approaches treat sex work as legitimate commerce, emphasizing rational choice and societal well-being of inclusive policies.
Posner argues state regulation should focus on preventing harm (like sex trafficking) and improving efficiency.
Nordic models criminalize clients while decriminalizing sex workers.
McKinnon's work critiques sexuality as male-dominated, with women devoid of agency, a viewpoint criticized for reductionism.
Reed v. Reed, Frontiero v. Richardson, and Weinberger v. Wiesenfeld were early cases challenging sex discrimination in the legal system.
Pauli Murray connected sex discrimination to the "Jane Crow" framework.
The feminine mystique explores the discontent experienced by women adhering to expectations of the suburban housewife image.
Post-liberal approaches recognize and account for differences between genders.

Intersectionality and Power Dynamics

Intersectionality recognizes the interplay of race, class, sexuality, and gender in the legal and social landscape.
Critical Race Theory examines race and law, challenging a perceived white feminist perspective.
Biopower, as conceptualized by Michel Foucault, involves how governments regulate populations through political-biological interactions.
Rubin's "charmed circle" describes socially constructed norms for heteronormative relationships.
Abolitionist frameworks aim to dismantle oppressive systems rather than reform them.
Double binds, such as pressures on LGBTQ+ individuals to conform, and simultaneously to hide their identity, create difficult circumstances.

Legal Frameworks and Scrutiny

Legal frameworks vary from liberal approaches focusing on universal laws to post-liberal approaches acknowledging societal differences.
Suspect classification, stemming from the Fourteenth Amendment, triggers heightened scrutiny in discriminatory laws.
This was seen in cases like US v. Windsor (invalidating DOMA) and Boystock v. Clayton (heightened scrutiny for laws discriminating based on sexual orientation).
Three levels of scrutiny exist in legal challenges: rational basis, intermediate scrutiny, and strict scrutiny.
Overinclusive and underinclusive laws are contrasted conceptually.
Expressive association recognizes and values the ability of marginalized groups to associate and organize, but it can also be applied to exclusion of specific groups.
Double discrimination is a concept that addresses scenarios where bisexual individuals face discrimination from both heterosexual and LGBTQ+ communities.
Subconscious sex refers to the deeply internalized sense of one's own sex or gender.
DOMA (Defense of Marriage Act) defined marriage federally as between one man and one woman, allowing states to ignore same-sex marriages performed elsewhere.
Goodridge v. Department of Public Health legalized same-sex marriage in Massachusetts through state court decision, acknowledging it as a fundamental right.
Same-sex marriage challenges present the separation of church and state, concerns, and a "slippery slope" argument.
Economic and legal harms result from the denial of same-sex marriage rights (healthcare, inheritance, parenting issues).

Dobbs v. Jackson and Subsequent Impacts

Dobbs v. Jackson overturned Roe v. Wade, significantly narrowing the right to privacy.
State responses to the Dobbs ruling varied widely, resulting in a patchwork of abortion laws across the US.
The aftermath resulted in elevated surveillance, concerns about digital privacy, and provider dilemmas and a 'chilling effect' in conversations surrounding reproductive care.

Modern Issues and Debates

Transgender minors and restroom access are complex and contested legal issues.
The Masterpiece Cakeshop case highlights differing interpretations of free association vs. legal rights of LGBTQ+ individuals.

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Description

Test your knowledge on John Stuart Mill's harm principle, significant court cases like Lawrence v. Texas, and the constitutional right to privacy as established in Griswold v. Connecticut and Roe v. Wade. Explore the philosophical underpinnings of state intervention and individual rights through the perspectives of prominent thinkers such as Bentham and Hobbes.