Public Reason and Justice Concepts

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Questions and Answers

What is the primary focus of public reason?

Specific religious doctrines

Fundamental justice and basic rights (correct)

Group-specific moral norms

Private academic goals

Who are the main participants in nonpublic reason?

All citizens

Civil rights activists

Officials and judges

Members of specific churches, schools, or unions (correct)

What basis does nonpublic reason typically rely on?

Constitutional principles

Public opinion and sentiment

Comprehensive doctrines and moral truths (correct)

Shared political values

What does constituent power enable citizens to do?

Create or amend a constitution Signup and view all the answers

During what events is constituent power often exercised?

Revolutions or founding moments of states Signup and view all the answers

What is assumed in the absence of peace?

A war of all against all Signup and view all the answers

What is necessary for a sovereign to enforce laws?

A SWORD (sanctions) Signup and view all the answers

What is a defining characteristic of the rights of the sovereign?

Legal immunity from being tried or condemned Signup and view all the answers

What does tacit consent imply about laws?

They are generally accepted if unobjected Signup and view all the answers

Which concept states that property is a man-made creation?

Legal positivism Signup and view all the answers

What happens if fundamental law is removed?

The entire commonwealth is destroyed Signup and view all the answers

What must a sovereign be able to do according to command theory?

Inflict sanctions upon failure to obey Signup and view all the answers

What is the nature of authority in a sovereign state?

No authority is above the sovereign Signup and view all the answers

What does personal details like gender, class, or intelligence imply in the context of justice?

They should be hidden to ensure impartiality. Signup and view all the answers

Which of the following best describes the purpose of Reflective Equilibrium?

To ensure consistency between personal judgments and moral principles. Signup and view all the answers

What are the two main conditions under which justice becomes necessary?

Objective and subjective circumstances. Signup and view all the answers

What is an example of Narrow Reflective Equilibrium?

Focusing on immediate judgments without external influences. Signup and view all the answers

How does the concept of a veil of ignorance work in designing traffic laws?

It ensures rules prioritize the safety of all road users. Signup and view all the answers

What happens if a conflict arises in Reflective Equilibrium?

Either the principle or the judgment must be revised. Signup and view all the answers

What does the term 'Circumstances of Justice' refer to?

Conditions under which justice becomes crucial. Signup and view all the answers

What is a key aspect of the importance of Reflective Equilibrium?

It serves as Rawls's method for justifying principles of justice. Signup and view all the answers

What happens every time the constitution is changed significantly?

It becomes a new republic Signup and view all the answers

What concept does the state presuppose according to the provided content?

The concept of the political Signup and view all the answers

What is an example of a sovereign dictator in the context of constitution creation?

The Constitutional Assembly Signup and view all the answers

How does the Absolute Constitution differ from other types?

It encompasses the whole of the state and social order Signup and view all the answers

What does Schmitt argue about a Relative Constitution?

Some articles are more important than others Signup and view all the answers

Which of the following describes a Positive Constitution?

It is the result of a political decision by the sovereign Signup and view all the answers

What does the friend-enemy distinction primarily serve to do?

Identify who is included or excluded within the state Signup and view all the answers

What signifies the role of a 'lord of exception' in constitutional creation?

Defining moments of exception or crisis Signup and view all the answers

Why is the identity-forming nature of the constitution significant?

It contributes to stable governance and social cohesion Signup and view all the answers

What does Article 1 of the Italian constitution prioritize?

Labor over property Signup and view all the answers

What is Rousseau's view on the individual's natural inclination towards social life?

Individuals have an intrinsic propensity for association. Signup and view all the answers

How does Hobbes's view of the state of nature differ from Rousseau's?

Hobbes thinks individuals have no natural propensity for social life. Signup and view all the answers

Which of the following concepts is NOT part of Rawls's view of the individual?

Emphasis on slavery as a viable option. Signup and view all the answers

According to Rousseau, legitimacy in governance stems from which principle?

Majority rule based on popular acceptance. Signup and view all the answers

What is Locke's significant idea concerning the legitimacy of governance?

Legitimacy derives from the consent of the governed. Signup and view all the answers

What is Rawls's counter-argument to Locke's view on consent?

Rational ignorance leads to emotional voting. Signup and view all the answers

How does the concept of rational ignorance affect voting behavior, according to Rawls?

Voters often feel their influence is negligible, leading to uninformed decisions. Signup and view all the answers

In Rawls's view, an individual's freedom is constrained by what condition?

Recognition of limits that respect others' freedoms. Signup and view all the answers

What is the main distinction between constituent power and constituted power according to Rawls?

Constituent power operates without constraints. Signup and view all the answers

Which of the following best describes higher law according to Rawls?

It embodies the expression of the people's constituent power. Signup and view all the answers

What does Rawls suggest about the role of the constitution?

It is a mechanism for preventing conflicts. Signup and view all the answers

Which philosopher is mentioned in relation to the concept of natural law?

Jeremy Bentham Signup and view all the answers

How does Rawls differentiate between 'the people' and 'the voters'?

The people include multiple generations while voters are just the current electorate. Signup and view all the answers

What is a characteristic of the democratic constitution as outlined by Rawls?

It reflects the political ideals of the people. Signup and view all the answers

According to Rawls, what is the relationship between constituent power and starting anew?

Constituent power involves setting rules freely with few constraints. Signup and view all the answers

What perspective on the constitution does Rawls hold?

It translates higher divine law into legal language. Signup and view all the answers

What is the primary argument against natural rights as per the content provided?

Natural rights are seen as arbitrary and not foundational. Signup and view all the answers

How does Rawls view the relationship between law and the people?

The law should express the higher authority of the people's will. Signup and view all the answers

Study Notes

Descriptive VS Normative Views of Law

Descriptive sense of law focuses on observable facts (what the law is).
Normative sense of law focuses on what the law should be (how it ought to function).

What is Politics?

Politics is the process by which societies prioritize goals and make decisions about how to allocate resources.
Politics is a crucial element of social life.

What is Law?

Law is a normative order that regulates social interaction.
Law serves to enable social and political life.
Law uses rules to establish rights and obligations.

Regulative VS Constitutive Rules

Regulative rules govern pre-existing actions.
Constitutive rules create new actions.
Constitutive rules are essential to establishing new social structures.

Rights and Constitutive Rules

Constitutions are often considered constitutive rules, creating rights and shaping societies.

Legal Positivism VS Justice-tracking Law

Legal Positivism prioritizes the origin and source of a law when determining if it's valid.
Justice-tracking law prioritizes the content (substance and merit) of the law for validity.

Thomas Hobbes: Contract Theory

Hobbes argued that justice and its absence come from law.
Sovereignty is the source of law, having absolute power.
Hobbesian society avoids conflict by creating absolute authority figures.

John Austin's Command Theory of Law

Law is a command from a sovereign backed by sanctions.
The sovereign is not subject to the law and obedience to it is habitual.

H.L.A. Hart's Criticism of Austin

Not all rules are commands (some lack sanctions).
Habitual obedience doesn't fully explain law’s authority, especially in cases of succession.
Law requires primary norms enabling a sovereign.

Political Law

Public law concerns the relationships between citizens and the state.
Private law concerns the relationships between individuals.

Hans Kelsen's Grundnorm

The Grundnorm is the highest norm that validates the entire legal system.
The concept is highly theoretical.
The Grundnorm is a presupposition.

John Locke's Natural Law Theory

Locke proposed a natural law approach to rights.
Natural rights imply pre-existing rights that should not be violated.
Governments derive legitimacy through the consent of the governed.

Ronald Dworkin's Natural Law Theory

Dworkin argued that law's validity depends on its inherent moral merit.
Law's validity depends on moral merit.

Rawls's Theory of Justice

Rawls created a theory of justice emphasizing justice as fairness.
The theory explains how free and equal citizens can cooperatively create political institutions.
Two principles of justice: basic liberties & the difference principle.

Rawls's Overlapping Consensus

Overlapping consensus means people's diverse beliefs can support shared civic ideals.
It’s a necessary condition for political legitimacy in a pluralistic society.

Public Reason

Public reason is the shared mode of political discussion used by citizens in a democracy.
Public reason allows for consensus to form on principles of justice.
In public reason, the fundamental considerations and values are political values, not individual values.

The Veil of Ignorance

The veil of ignorance creates a hypothetical situation where individuals don't know their social status, allowing them to determine justice without bias.
It helps people conceive of justice without bias and favors the least advantaged.

Reflective Equilibrium

Reasoning that balances general moral principles against particular moral judgements.
Reflective Equilibrium aims for consistency and coherence in understanding justice.

The 22 Rawlsian Key Terms (and their definitions)

Original position - a hypothetical situation in which unbiased rational individuals formulate principles of justice for society.

The Well-Ordered Society

A society whose members adhere to a shared understanding of fundamental principles of justice.

Rational VS Reasonable

Rational actions prioritize self-interest.
Reasonable actions prioritize cooperation and mutual benefit.

The Burdens of Judgment

Explains why reasonable individuals can disagree on moral and political principles despite their shared values and willingness to cooperate.
Factors include conflicting evidence, diverse life experiences, and varied conceptions of the good.

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Description

This quiz explores key concepts of public and nonpublic reason, including the role of constituent power and the nature of authority in a sovereign state. It also addresses the implications of personal details in justice and reflective equilibrium. Test your understanding of these fundamental ideas in political philosophy.