Political Philosophy Overview
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Questions and Answers

According to Hobbes' Contract Theory, what happens without a societal agreement?

  • A war of 'all against all' occurs. (correct)
  • Individuals become self-sufficient.
  • Individuals experience total freedom.
  • A peaceful coexistence is established.

What does Hobbes identify as the source of justice?

  • The desires of the majority.
  • The law issued by a sovereign. (correct)
  • The moral values of the society.
  • The individuals within society.

What does sovereignty represent in the context of positive law?

  • The restriction of power under law.
  • The representation of the will of the people.
  • The ultimate, unrestricted power. (correct)
  • The ability to enforce fairness.

What is the implication of tacit consent regarding laws?

<p>It implies that no one objects, indicating acceptance of the law. (C)</p> Signup and view all the answers

What was H.L.A. Hart's main criticism of John Austin's theory?

<p>It is too simplistic for complex legal orders. (C)</p> Signup and view all the answers

What does the term 'reasonable' imply in the political context?

<p>A willingness to cooperate fairly and acknowledge others' claims to justice. (B)</p> Signup and view all the answers

What is the 'Liberal Principle of Legitimacy'?

<p>Political authority is only justified if it can be agreed upon by all reasonable individuals. (A)</p> Signup and view all the answers

What does 'Overlapping Consensus' refer to in a diverse society?

<p>An agreement among citizens with varied beliefs on basic political principles. (D)</p> Signup and view all the answers

What is described as 'Modus Vivendi'?

<p>A practical arrangement among conflicting groups to ensure peace without shared morals. (A)</p> Signup and view all the answers

What is meant by 'Public Reason' in political discussions?

<p>Political discussions grounded in universally understood principles, excluding personal or religious beliefs. (C)</p> Signup and view all the answers

What is the first principle of Rawls' theory of justice as fairness?

<p>Equal basic rights and liberties (B)</p> Signup and view all the answers

Which of the following best describes Schmitt's Absolute Constitution?

<p>A form that transcends legal norms (A)</p> Signup and view all the answers

What does the Difference Principle entail according to Rawls?

<p>Inequalities are justified if they benefit the least advantaged (A)</p> Signup and view all the answers

How does Schmitt view the Relative Constitution?

<p>As a collection of legal provisions and articles (D)</p> Signup and view all the answers

What characterizes Schmitt's Ideal Constitution?

<p>It aims to oppose historical political regimes (B)</p> Signup and view all the answers

What is the primary focus of the political concept of justice?

<p>Creating a fair society through its institutions (D)</p> Signup and view all the answers

What does Rawls argue is necessary for a constitution to be considered legitimate?

<p>It expresses fairness and justice that everyone can agree on (A)</p> Signup and view all the answers

Which aspect is NOT part of the political concept of justice?

<p>A focus on individual moral beliefs (D)</p> Signup and view all the answers

What role do existing historical vocabularies play in the political concept of justice?

<p>They are intentionally excluded from the discussion (D)</p> Signup and view all the answers

What is a key characteristic of a well-ordered society according to the political concept of justice?

<p>Allowing freedom of expression across all groups (D)</p> Signup and view all the answers

What distinguishes Dworkin's principles from rules?

<p>Rules can be enumerated and allow prioritization. (A)</p> Signup and view all the answers

Which statement best reflects H.L.A. Hart's perspective on legal positivism?

<p>Hart maintains that only the content of norms is relevant to law. (B)</p> Signup and view all the answers

What is the main focus of L.L. Fuller's philosophy regarding natural law?

<p>Separating religious beliefs from the concept of natural law. (D)</p> Signup and view all the answers

How does soft legal positivism differ from hard legal positivism?

<p>Soft legal positivism accepts extra-legal norms. (C)</p> Signup and view all the answers

According to Dworkin, what role does interpretation play in law?

<p>Interpretation is necessary to maximize the potential of the legal system. (B)</p> Signup and view all the answers

What is required for constituent power to come into play according to Rawls' principles?

<p>The existing regime has been resolved (A)</p> Signup and view all the answers

What differentiates higher law from ordinary law in Rawls' constitutionalism?

<p>Higher law reflects the people's constituent power, while ordinary law does not (A)</p> Signup and view all the answers

Which characteristic defines a democratic constitution in Rawls' view?

<p>It reflects the ideals of self-governance by the people (B)</p> Signup and view all the answers

In the context of Rawls' principles, what is the significance of the separation of powers?

<p>It prevents any one individual from having political power (C)</p> Signup and view all the answers

According to Rawls, who holds ultimate power in a constitutional democracy?

<p>Three branches of government in a specific relationship (A)</p> Signup and view all the answers

What does legal positivism assert about the origin of law?

<p>Law is based on the sovereign's will. (B)</p> Signup and view all the answers

What is the primary distinction made by legal positivism regarding law and morality?

<p>Law and morality are separate entities. (D)</p> Signup and view all the answers

According to natural law, what must be included in the content of the law?

<p>Elements of morality. (B)</p> Signup and view all the answers

How does legal positivism define law as a system?

<p>A closed logical system distinct from other subjects. (C)</p> Signup and view all the answers

What do moral judgments lack according to the principles of legal positivism?

<p>Legal authority. (D)</p> Signup and view all the answers

Which type of secondary rule governs changes in status, such as contracts and wills?

<p>Rule of Change (A)</p> Signup and view all the answers

According to Locke, what is essential in a commonwealth to prevent it from being worse than the state of nature?

<p>Individual freedoms (A)</p> Signup and view all the answers

What is the perspective of contemporary natural law regarding the validity of law?

<p>It relies on the moral merit of its norms. (A)</p> Signup and view all the answers

Which of the following best describes sovereignty?

<p>The supreme power in a political entity. (A)</p> Signup and view all the answers

What is suggested as a broader concept related to the workings of the law?

<p>Justice (C)</p> Signup and view all the answers

What does the normative sense of law refer to?

<p>Law as it should ideally be (B)</p> Signup and view all the answers

According to the content, when is law considered defective?

<p>When it fails to regulate political and social life (B)</p> Signup and view all the answers

What distinguishes regulative rules from constitutive rules?

<p>Regulative rules limit freedom, while constitutive rules do not. (A)</p> Signup and view all the answers

What is implied by Karl Schmitt’s viewpoint on community goals?

<p>Communities must prioritize some goals over others. (B)</p> Signup and view all the answers

Which statement about constitutional rights is accurate?

<p>Constitutional rights combine both regulative and constitutive elements. (C)</p> Signup and view all the answers

What does the 'Veil of Ignorance' concept require individuals to do?

<p>Create rules for society without knowing their own personal circumstances. (B)</p> Signup and view all the answers

What is 'Justice as Fairness' primarily concerned with?

<p>Equal rights and opportunities, especially for those in need. (D)</p> Signup and view all the answers

What is the main goal of Rawls's concept of Reflective Equilibrium?

<p>To balance and adjust moral principles for consistency in beliefs. (D)</p> Signup and view all the answers

Which of the following best describes the 'Original Position'?

<p>A thought experiment for establishing societal rules without personal identity. (B)</p> Signup and view all the answers

What does the 'Fact of Pluralism' acknowledge?

<p>The presence of diverse viewpoints and beliefs in society. (A)</p> Signup and view all the answers

How does Rawls differentiate between justice and utilitarianism?

<p>Utilitarianism seeks the greatest happiness for the greatest number by focusing on outcomes. (B)</p> Signup and view all the answers

In what context does Rawls argue that justice becomes particularly important?

<p>When resources are limited and groups have conflicting interests. (D)</p> Signup and view all the answers

What aspect does Rawls emphasize when discussing intentions vs outcomes?

<p>Intention is within individual control, making it crucial. (D)</p> Signup and view all the answers

Flashcards

Hobbes' State of Nature

A hypothetical scenario where there are no laws or government, leading to chaos and a 'war of all against all'.

Social Contract

Individuals voluntarily agree to give up some freedom in exchange for the protection and order of a society.

Sovereignty

The ultimate power in a society, often associated with a ruler or government, not bound by any higher authority.

Tacit Consent

Implicit agreement to a law or rule by not objecting to it, even without explicit consent.

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Hart's Criticism of Austin

H.L.A. Hart argued that Austin's theory was too simplistic, as people obey laws not just for fear of punishment, but also because they believe the laws are legitimate.

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Well-Ordered Society

A society where everyone agrees on the same principles of justice and institutions uphold these principles.

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Rational vs. Reasonable

Rational actions prioritize self-interest. Reasonable actions involve fair cooperation and acknowledging others' claims to justice.

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Burden of Judgment

Factors that can lead reasonable people to different or even conflicting conclusions on moral and political issues.

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Liberal Principle of Legitimacy

Political power is only justified if used in a way that all reasonable people can accept.

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Overlapping Consensus

When citizens with different beliefs can agree on basic political principles, even if they disagree on deeper moral or philosophical issues.

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Political Concept of Justice

A theory focusing on creating a fair society by analyzing a society's main institutions (political, economic, social) and defining principles for a just system, independent of specific traditions.

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Fairness in Justice

The goal of political justice is to create a system where everyone has a fair chance at a good life, regardless of their social background or beliefs.

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What makes law law?

Rawls argues that a constitution is legitimate if its core principles are fair and just, based on reasoning that can be broadly agreed upon, regardless of personal beliefs.

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Legitimacy of Law

A law's legitimacy depends on its foundation in universally agreeable principles of justice, not just a convenient compromise.

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Broad Agreement in Law

A just law should be based on principles that people from different backgrounds and beliefs can agree on, not just a reflection of one group's views.

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Dworkin's Argument

Dworkin believes that law is inseparable from what it ought to be, meaning legal decisions involve moral considerations and should strive for the best outcomes.

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Dworkin's Rules vs. Principles

Dworkin distinguishes between rules, which are clear, enumerated, and prioritized, and principles, which are more abstract and can't be easily listed. He emphasizes the importance of principles in legal interpretation.

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Hart's Soft Positivism

Hart's approach to legal positivism recognizes the influence of moral values and social context in law-making, while still emphasizing the importance of official legal sources.

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Hard Legal Positivism

Hard positivism strictly separates law from morality, emphasizing the authority of official sources. Only the content of a norm matters, not its moral merit.

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Soft Legal Positivism vs. Hard Legal Positivism

Soft positivism acknowledges the influence of moral values and social context in law-making, while hard positivism strictly separates law from morality, prioritizing official sources.

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Political Liberalism

A political philosophy that emphasizes individual rights, freedoms, and limited government. It seeks to establish a just society based on fairness.

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Rawls' Theory of Justice

A theory that focuses on creating a fair society through two main principles: equal basic rights and liberties, and the Difference Principle, which allows inequalities only if they benefit the least advantaged.

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The Difference Principle

One of Rawls' principles of justice, stating that any inequalities in a society must benefit the least advantaged members.

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Absolute Constitution

Schmitt's concept of the constitution as a fundamental and unchanging set of principles, shaping all other legal norms.

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Relative Constitution

Schmitt's understanding of the constitution as a specific collection of legal provisions and articles.

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Rules of Change

These rules govern changes in legal status, such as contracts, wills, or marriage.

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Rules of Adjudication

These rules establish procedures for resolving conflicts and include things like establishing courts.

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Rules of Recognition

These rules define the legitimacy of a legal system and decide what laws are valid.

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Locke's Natural Law

Locke argued that a ruler's power shouldn't be absolute and that individual freedoms are key in a well-functioning state.

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Contemporary Natural Law

This view emphasizes that laws must be morally just to be valid and that understanding the law requires understanding its moral implications.

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Constituent Power (Rawls)

A special kind of power exercised by a people to create or fundamentally change their government. It's only activated when an existing regime breaks down or needs a major overhaul.

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Higher Law vs. Ordinary Law

Higher law is the supreme expression of the people's will, like a Constitution. Ordinary law is made by the elected representatives, like Congress, and is subject to the higher law.

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Democratic Constitution

A constitution that reflects the people's desire to govern themselves democratically. It's usually written and includes a Bill of Rights, establishing basic liberties.

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Separation of Powers (Rawls)

In a constitutional democracy, no single branch of government, like the executive, legislative, or judicial, holds all the power. Each branch has its own responsibilities, preventing tyranny.

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Ultimate Power (Rawls)

The ultimate power in a constitutional democracy does not rest solely with any one branch. It's shared and balanced between the executive, legislative, and judicial branches, each with specific powers.

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Descriptive Law

Law as it actually exists, focusing on its practical application and effectiveness.

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Normative Law

Law as it should be, focusing on what the law ought to achieve and its ideal purpose.

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Defective Law

Law that fails to regulate and govern political and social life effectively.

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Regulative Rules

Rules that limit or control existing actions, restricting freedom.

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Constitutive Rules

Rules that create new actions and behaviors, expanding freedom.

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Just Principles

Fundamental guidelines that define a fair and equitable society, focusing on the importance of diverse beliefs and opinions.

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Veil of Ignorance

A hypothetical scenario where individuals have no knowledge of their personal characteristics or societal position when creating rules for society.

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Reflective Equilibrium

A continuous process of refining moral principles to create consistency in beliefs about justice. It involves balancing and adjusting principles to ensure coherence.

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Original Position

A philosophical thought experiment that simulates the state of nature, where individuals create societal rules without knowing their own identity or place in society.

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Justice as Fairness

The concept that equal rights and opportunities are key to a just society, emphasizing fairness for those in need.

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Circumstances of Justice

The conditions under which justice is relevant, including limited resources and diverse groups with conflicting interests.

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Reasonable Pluralism

The acceptance and value of various beliefs and doctrines in a free society, acknowledging the diversity of viewpoints.

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Fact of Pluralism

The acknowledgment that multiple viewpoints and beliefs exist within a society, emphasizing their importance for a just society.

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Grundnorm

The fundamental norm or ultimate source of legal validity in a legal system, according to Kelsen's legal positivism. It's the foundation upon which all other laws are based and cannot be questioned.

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Legal Positivism: Law's Origin

This theory argues that the law is created by the sovereign's will, emphasizing the origin of law. Think Hobbes, Schmitt, and Austin.

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Natural Law: Law's Content

This view emphasizes that laws must contain a moral element to be truly just. Its focus is on the substance of the law.

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Separation of Law and Morality

Legal positivism argues that law and morality are separate things. One can exist without the other and should be evaluated independently.

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How are Legal Judgments Different?

Legal judgments are based on logical reasoning within a closed legal system, while moral judgments rely on broader ethical principles and cannot be established through purely logic.

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Study Notes

Different Views of Positive Law

  • Hobbes: Life in the state of nature would be chaotic. That's why individuals decide to form a society in order to have protection. It's a war of all against all. To assume peace is essential.
  • Hobbes' insights from his work:
    • Justice is injustice comes from the law: law is a command with sanctions issued by a sovereign.
    • Sovereignty = ultimate power, unrestricted; it can't be under a fundamental law.
    • Tacit Consent: If no one objects to a law, that means just everyone accepts it. This is why people should obey rules because there's fear of punishment (sovereign).
    • The sovereign needs to be obeyed & doesn't obey anyone else.
  • H.L.A. Hart's Criticism of Austin: Hart feels that Austin's theory is too simplistic for the new legal orders. Individuals obey rules because they trust the legitimacy.

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Explore key concepts in political philosophy including Hobbes' Contract Theory, justice, and the principles of legitimacy. This quiz covers the essential theories and criticisms of prominent thinkers like H.L.A. Hart and John Rawls. Test your understanding of these fundamental ideas that shape modern political thought.

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