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Questions and Answers
What does Justice Louis Brandeis warn against in his dissent?
What does Justice Louis Brandeis warn against in his dissent?
According to Joel Feinberg, what is essential for an act to count as a harm?
According to Joel Feinberg, what is essential for an act to count as a harm?
In John Stuart Mill's concept of liberty, what role does individual freedom play?
In John Stuart Mill's concept of liberty, what role does individual freedom play?
What does Mill's Harm Principle propose?
What does Mill's Harm Principle propose?
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How does Mill’s view on liberty compare to contemporary discussions on freedom of expression?
How does Mill’s view on liberty compare to contemporary discussions on freedom of expression?
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What is one major critique of the Hohfeldian incidents framework?
What is one major critique of the Hohfeldian incidents framework?
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Which concept is central to the argument that liberty should be preserved against benevolent threats?
Which concept is central to the argument that liberty should be preserved against benevolent threats?
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What might be a consequence of not adhering to Mill's Harm Principle?
What might be a consequence of not adhering to Mill's Harm Principle?
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What does Mill regard as a benefit of free speech?
What does Mill regard as a benefit of free speech?
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Which action is classified as ‘wrongful harm’ according to Feinberg?
Which action is classified as ‘wrongful harm’ according to Feinberg?
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How can truth be discovered, according to Mill?
How can truth be discovered, according to Mill?
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What distinguishes ‘harm’ from ‘wrongful harm’ in Feinberg's view?
What distinguishes ‘harm’ from ‘wrongful harm’ in Feinberg's view?
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What limits do Mill and other liberals place on freedom of speech?
What limits do Mill and other liberals place on freedom of speech?
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What is an example of non-harmful communication according to Feinberg?
What is an example of non-harmful communication according to Feinberg?
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What principle is central to Mill's argument for freedom of expression?
What principle is central to Mill's argument for freedom of expression?
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Which scenario exemplifies harm but not wrongful harm?
Which scenario exemplifies harm but not wrongful harm?
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What does Mill's Harm Principle primarily advocate for regarding individual freedom?
What does Mill's Harm Principle primarily advocate for regarding individual freedom?
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Which of the following statements aligns with Mill's view on self-harm?
Which of the following statements aligns with Mill's view on self-harm?
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What does Mill indicate about freedom of expression?
What does Mill indicate about freedom of expression?
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According to Mill's Harm Principle, which of the following actions is permissible?
According to Mill's Harm Principle, which of the following actions is permissible?
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What is a key element of Mill's view regarding state intervention?
What is a key element of Mill's view regarding state intervention?
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How does Mill differentiate between offending and harming others?
How does Mill differentiate between offending and harming others?
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Which principle underlies Mill's argument for individual sovereignty?
Which principle underlies Mill's argument for individual sovereignty?
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In the context of Mill's Harm Principle, which of the following best describes paternalism?
In the context of Mill's Harm Principle, which of the following best describes paternalism?
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Study Notes
Introduction to the University of Strathclyde
- University of Strathclyde, Glasgow
- Royal Charter since 1964
- Useful Learning since 1796
Rights and Liberty
- Topic 2 - L2235 Political Philosophy
- Presented by Dr Johann Go
Lectures 3 & 4
-
Lecture 3: Rights
- Nature of Rights
- Hohfeld's Typology of Rights
- Rights Conflicts
- Human Rights
-
Lecture 4: Liberty
- Nature of Liberty
- Berlin's Two Concepts of Freedom
- Limits of Liberty
- Freedom of Speech and Hate Speech
Brief Updates
- Readings
- Reduction in Essential Readings
- Duplicate book listings removed
- Office Hours
- Now by drop-in instead of appointment
- Thursdays 9-11 am
- MC419
- Class Rep
The Sheriff and the Innocent Man
- Slido poll question: Should the sheriff hang the innocent man to stop riots?
Rights
- Rights are entitlements to perform or not perform certain actions
- Examples: right to vote, refuse medical treatment, emergency assistance, not be assaulted
Hohfeldian Incidents
- Wesley Hohfeld's four components of rights:
- Claim
- Privilege
- Power
- Immunities
Claim Rights and Liberty Rights
- Hohfeld's distinction for understanding rights:
- Claim Rights (positive rights)
- Liberty Rights (negative rights)
Claim Rights
- Entail positive duties on others
- Examples: right to healthcare, food
Liberty Rights
- Unlike claim rights, do not entail duties on others
- Examples: right to freedom of speech, sex
Are all rights really claim rights?
- Some philosophers believe all rights include duties/responsibilities on others (e.g., Henry Shue)
- Distinction between claim rights and liberty rights is arguable.
What's the point of rights?
- Interest Theory of Rights (e.g., John Tasioulas, Joseph Raz): Rights protect individual interests
- Will Theory of Rights (e.g., H.L.A Hart): Rights limit what the state and others can do to/for us
Utilitarianism
- A theory that the right action is the one producing the greatest good for the greatest number
- Utility (happiness) is the measure of good
- Philosophers such as: Bentham, Mill, Sidgwick, and Peter Singer
Utilitarianism and Rights
- Utilitarianism often conflicts with rights
- Greatest good for the greatest number may require sacrificing some interests
Rights Conflicts
- Rights conflict in different ways:
- Rights vs. Rights conflict
- Rights vs. Utility Conflict
Rights-Rights Conflicts
- Most philosophers agree that rights can conflict with other rights.
- Examples: Right to swing arm vs. nose beginning, right to movement vs. health
Dealing with Rights-Rights Conflicts
- Specificationist Approach: Rights do not conflict once further specified
- Balancing Approach: Weighing conflicting rights
Problems with Specificationism
- Specifying rights to an incredible detail makes them less robust
- Possibly collapsing into contextual considerations
Balancing Approach
- Balancing conflicting rights, more important right prevails.
Critics of Rights
- Some argue rights are "nonsense” or limited (e.g. Libertarians like Robert Nozick)
- Some concern about proliferation of rights without principled reason
Human Rights
- Viewed with suspicion by some philosophers but hugely influential politically and legally.
Critiques of Human Rights
- Expansionism: More things becoming human rights
- Unprincipled: Not clear what makes something a human right
- Animal Rights: Argues that human rights don't take animals' interests seriously.
Liberty
- Used interchangeably with freedom
Berlin's Two Concepts of Freedom
- Negative Freedom – freedom from
- Positive Freedom – freedom to
Negative Liberty
- Freedom from external interference
- Examples: someone without others interfering freely, someone with compulsion without others' interference
Positive Liberty
- Freedom to achieve one's goals, self-mastery
- Examples: drug addict limited from achieving goal, someone without money lacking certain freedom to go to university
Critiques of Negative Freedom
- Freedom must be robust, lack of money can limit choices
- Capability to achieve goals is critical
Freedom and Money
- Not having money can make one unfree.
Critiques of Positive Freedom
- Negative freedom is better
- Positive freedom can give the state too much power
The Limits of Liberty
- Freedom is valuable, strong reasons needed to restrict it
Mill's Harm Principle
- Only purpose to use power over somebody is to prevent harm to others
- Individual is sovereign over their own body and mind
- Harm = wrongful setback to interests
Freedom of Speech
- Mill defends freedom on grounds of truth discovery through discussion
- Limits to freedom may exist because of harms (e.g., yelling fire)
Hate Speech
- Often a grey area in freedom of speech discussions
- Issues with hateful speech targeting minority groups, potentially harmful
Sample Exam Questions
- What are rights and when are they justifiable to breach?
- When should the state restrict our liberty?
Summary
- Rights and liberty are important in political philosophy
- Components of rights (claims, privileges, powers, immunities)
- Conflicts between rights, and rights vs. utility
- Methods to resolve these conflicts
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Description
Explore the intricate concepts of rights and liberty in political philosophy. This quiz covers key topics such as the nature of rights, Hohfeld's typology, and the limits of liberty, all presented in the context of a university lecture. Test your understanding of these fundamental principles within this academic framework.
