Public Reason and Justice Concepts
49 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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?

<p>Create or amend a constitution (A)</p> Signup and view all the answers

During what events is constituent power often exercised?

<p>Revolutions or founding moments of states (B)</p> Signup and view all the answers

What is assumed in the absence of peace?

<p>A war of all against all (D)</p> Signup and view all the answers

What is necessary for a sovereign to enforce laws?

<p>A SWORD (sanctions) (A)</p> Signup and view all the answers

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

<p>Legal immunity from being tried or condemned (D)</p> Signup and view all the answers

What does tacit consent imply about laws?

<p>They are generally accepted if unobjected (D)</p> Signup and view all the answers

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

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

What happens if fundamental law is removed?

<p>The entire commonwealth is destroyed (A)</p> Signup and view all the answers

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

<p>Inflict sanctions upon failure to obey (D)</p> Signup and view all the answers

What is the nature of authority in a sovereign state?

<p>No authority is above the sovereign (C)</p> Signup and view all the answers

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

<p>They should be hidden to ensure impartiality. (C)</p> Signup and view all the answers

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

<p>To ensure consistency between personal judgments and moral principles. (C)</p> Signup and view all the answers

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

<p>Objective and subjective circumstances. (D)</p> Signup and view all the answers

What is an example of Narrow Reflective Equilibrium?

<p>Focusing on immediate judgments without external influences. (C)</p> Signup and view all the answers

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

<p>It ensures rules prioritize the safety of all road users. (B)</p> Signup and view all the answers

What happens if a conflict arises in Reflective Equilibrium?

<p>Either the principle or the judgment must be revised. (C)</p> Signup and view all the answers

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

<p>Conditions under which justice becomes crucial. (B)</p> Signup and view all the answers

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

<p>It serves as Rawls's method for justifying principles of justice. (C)</p> Signup and view all the answers

What happens every time the constitution is changed significantly?

<p>It becomes a new republic (C)</p> Signup and view all the answers

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

<p>The concept of the political (B)</p> Signup and view all the answers

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

<p>The Constitutional Assembly (B)</p> Signup and view all the answers

How does the Absolute Constitution differ from other types?

<p>It encompasses the whole of the state and social order (D)</p> Signup and view all the answers

What does Schmitt argue about a Relative Constitution?

<p>Some articles are more important than others (C)</p> Signup and view all the answers

Which of the following describes a Positive Constitution?

<p>It is the result of a political decision by the sovereign (C)</p> Signup and view all the answers

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

<p>Identify who is included or excluded within the state (B)</p> Signup and view all the answers

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

<p>Defining moments of exception or crisis (D)</p> Signup and view all the answers

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

<p>It contributes to stable governance and social cohesion (B)</p> Signup and view all the answers

What does Article 1 of the Italian constitution prioritize?

<p>Labor over property (A)</p> Signup and view all the answers

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

<p>Individuals have an intrinsic propensity for association. (C)</p> Signup and view all the answers

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

<p>Hobbes thinks individuals have no natural propensity for social life. (A)</p> Signup and view all the answers

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

<p>Emphasis on slavery as a viable option. (C)</p> Signup and view all the answers

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

<p>Majority rule based on popular acceptance. (D)</p> Signup and view all the answers

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

<p>Legitimacy derives from the consent of the governed. (C)</p> Signup and view all the answers

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

<p>Rational ignorance leads to emotional voting. (B)</p> Signup and view all the answers

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

<p>Voters often feel their influence is negligible, leading to uninformed decisions. (A)</p> Signup and view all the answers

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

<p>Recognition of limits that respect others' freedoms. (C)</p> Signup and view all the answers

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

<p>Constituent power operates without constraints. (C)</p> Signup and view all the answers

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

<p>It embodies the expression of the people's constituent power. (C)</p> Signup and view all the answers

What does Rawls suggest about the role of the constitution?

<p>It is a mechanism for preventing conflicts. (C)</p> Signup and view all the answers

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

<p>Jeremy Bentham (A)</p> Signup and view all the answers

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

<p>The people include multiple generations while voters are just the current electorate. (C)</p> Signup and view all the answers

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

<p>It reflects the political ideals of the people. (C)</p> Signup and view all the answers

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

<p>Constituent power involves setting rules freely with few constraints. (D)</p> Signup and view all the answers

What perspective on the constitution does Rawls hold?

<p>It translates higher divine law into legal language. (A)</p> Signup and view all the answers

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

<p>Natural rights are seen as arbitrary and not foundational. (B)</p> Signup and view all the answers

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

<p>The law should express the higher authority of the people's will. (D)</p> Signup and view all the answers

Flashcards

State of Nature

A state of nature where individuals lack any form of government or rules, resulting in constant conflict.

Sovereign

The ultimate authority in a society, possessing absolute power and responsible for creating and enforcing laws.

The Sword

The sovereign's power to enforce laws through sanctions, such as punishment or fines.

Sovereign Above Law

The idea that the sovereign is not bound by the laws they create, but rather stands above them.

Signup and view all the flashcards

Declaring War

The principle that the sovereign has the power to decide whether a war is beneficial for the society.

Signup and view all the flashcards

Fundamental Law

A core law that, if removed, would lead to the collapse of the entire society.

Signup and view all the flashcards

Tacit Consent

If a law is not challenged or protested, it is considered accepted by the people.

Signup and view all the flashcards

Command Theory of Law

A theory of law that defines law as a command issued by a sovereign, backed by the threat of sanctions.

Signup and view all the flashcards

Veil of Ignorance

A thought experiment where individuals design a just society without knowing their own characteristics or position in society.

Signup and view all the flashcards

Impartiality in Justice

The principle that no one can advantageously manipulate the system based on their own personal attributes.

Signup and view all the flashcards

Reflective Equilibrium

A process of reasoning where individuals seek consistency between general moral principles and their specific judgments about justice.

Signup and view all the flashcards

Narrow Reflective Equilibrium

A type of Reflective Equilibrium that considers personal beliefs and immediate judgments.

Signup and view all the flashcards

Wide Reflective Equilibrium

A type of Reflective Equilibrium that incorporates broader philosophical views and moral perspectives.

Signup and view all the flashcards

Circumstances of Justice

The conditions that create the need for justice, where resources are relatively scarce and individuals have conflicting interests.

Signup and view all the flashcards

Objective Circumstances

The condition where resources are limited, but not entirely absent, leading to potential competition.

Signup and view all the flashcards

Subjective Circumstances

The condition where people have different goals and desires, leading to potential conflicts.

Signup and view all the flashcards

State Presupposes the Political

The state exists because of the concept of the political, which involves defining who belongs and who doesn't. This line, often based on identity, creates the "friend-enemy" distinction.

Signup and view all the flashcards

Absolute Constitution

The constitution is not just a legal document but a foundational principle that defines the very essence of the state, shaping its identity and continuity over time.

Signup and view all the flashcards

Relative Constitution

The constitution is a collection of legal rules that have varying levels of importance. Some articles are more significant than others, reflecting fundamental values and priorities.

Signup and view all the flashcards

Positive Constitution

The constitution is the outcome of a conscious political decision made by those who hold the power to create it. The act of creation itself is a defining moment.

Signup and view all the flashcards

Constitution as Form of Forms

A constitution is a "form of forms", a document that transcends individual governments and provides a framework for the state's evolution and stability.

Signup and view all the flashcards

Friend-Enemy Distinction in Emergency

The friend-enemy distinction becomes most prominent during times of crisis, when the state's survival and security are at stake.

Signup and view all the flashcards

Two Forms of the Sovereign

A sovereign who creates the constitution can be either a dictator, whose authority is unquestioned, or a "lord of exception", with the power to decide who and what falls outside the normal rules.

Signup and view all the flashcards

Sovereign Dictator

The Constitutional Assembly, acting on behalf of the people, had the authority to create the constitution without being challenged. Its power was absolute.

Signup and view all the flashcards

Lord of Exception

The "lord of exception", much like a state of emergency, can determine who and what remains exempt from the regular laws or rules.

Signup and view all the flashcards

Schmitt's Concept of the Constitution

Schmitt's concept of the constitution emphasizes its centrality to the state's identity and its role in defining the political community. It transcends mere legal provisions and shapes the state's essence.

Signup and view all the flashcards

Public Reason

The idea that a person's political reasoning, based on shared values like justice and fairness, should be accessible and understandable to all members of the community.

Signup and view all the flashcards

Nonpublic Reason

Arguments or justifications for a position that rely on specific beliefs, principles, or values held by a particular group, like a religious community, academic field, or social organization.

Signup and view all the flashcards

Constituent Power

The power that the people have to create or change a Constitution.

Signup and view all the flashcards

Constitutional Legitimacy

The power that the people hold is the foundation of a Constitution's legitimacy - it shows the government is based on the will of the people.

Signup and view all the flashcards

Citizens as the Source of Political Authority

The people are the source of political authority, meaning they have the ultimate say in how they're governed.

Signup and view all the flashcards

Rousseau's view on human nature

A natural inclination for humans to form social bonds and live in communities.

Signup and view all the flashcards

Hobbes's view on human nature

The belief that individuals in their natural state have no inherent desire to live in society.

Signup and view all the flashcards

Rawls's 'moral power' concept

The ability of an individual to form their own conception of what constitutes a good life, and to change this concept as needed.

Signup and view all the flashcards

Rawls's concept of individual autonomy

Respecting the right of every individual to have their own autonomy, meaning their ability to act in accordance with their own chosen 'good' life.

Signup and view all the flashcards

Rawls's limitation on individual freedom

The idea that individuals' freedom is limited by the need to ensure that their pursuit of their 'good' life does not infringe on the freedom of others.

Signup and view all the flashcards

Rousseau's view on legitimacy

A form of democracy where the legitimacy of the government stems from the will of the majority of the people.

Signup and view all the flashcards

Locke's view on legitimacy

The idea that the legitimacy of a government comes from the consent of those governed.

Signup and view all the flashcards

Rawls's concept of 'rational ignorance'

Rawls's criticism of the concept of consent, arguing that people often vote emotionally instead of rationally.

Signup and view all the flashcards

Higher Law

The fundamental principles that guide the organization and functioning of the state, typically enshrined in a written constitution.

Signup and view all the flashcards

Ordinary Law

The specific laws enacted by the legislature or parliament within the frameworks set by the constitution, which govern people's actions and conduct.

Signup and view all the flashcards

Instrumental View of the Constitution

The view that the constitution is an instrument of the government, intended to prevent conflicts and maintain order in society.

Signup and view all the flashcards

Rawl's View of the Constitution

The view that the constitution is the translation of a higher moral law into political and legal language, reflecting the collective values and aspirations of a people.

Signup and view all the flashcards

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 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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

What is Law? What is Politics? PDF

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.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser