Ethics Final Study Guide PDF

A state in which an individual is free from pain and fear/anxiety Tranquility (ataraxia) Types of Desires Necessary : required to produce life Unnecessary : those that are not needed for life, but are pleasant (= pleasing odors, taste, etc.) Natural vs. Unnatural Desires 1. Natural desir...

A state in which an individual is free from pain and fear/anxiety Tranquility (ataraxia) Types of Desires Necessary : required to produce life Unnecessary : those that are not needed for life, but are pleasant (= pleasing odors, taste, etc.) Natural vs. Unnatural Desires 1. Natural desires are tied to human nature 2. Unnatural desires are socially determined (for fame, wealth, etc) Types of Pleasures PHYSICAL MENTAL “ It is not possible to live pleasantly without living prudently and honorably and justly, nor again to live a life of prudence, honor, and justice without living pleasantly..” (146) The Soul is Material On False Beliefs False beliefs about the world can produce unnecessary pain, anxiety, or anguish Examples : we falsely believe (1) death is to be feared; (2) God will punish us, while alive or after death Death is Nothing to Us 1. Living involves sensation 2. Death is the annihilation of the subject 3. If there is no subject, then there is no sensation 4. Thus, we cannot experience death 5. But, one should only fear that which brings future pain 6. Thus, we should not fear death The Core of Socrates’ Ethics Virtue is sufficient for eudaimonia ( Apology ) Virtue is wisdom ( Crito , Protagoras , Charmides , Laches ) Each virtue entails the others (= if you have one, you have them all) ( Protagoras ) Death should not be feared ( Apology, Phaedo ) Virtue is sufficient for eudaimonia Types of Goods Instrumental Good = something that is good because it is a means to something else (money, e.g.) Intrinsic Good = something that is good in itself Neutrals = things that are neither good nor bad Stoics = virtue is the ONLY thing with intrinsic value; all other things are NEUTRAL The Rationality of Universe “ Nothing destitute of consciousness and reason can produce out of itself beings endowed with consciousness and reason; the universe produces beings endowed with consciousness and reason; hence, the universe itself is endowed with consciousness and reason” (Zeno) Normative Aspect of Nature Goodness of the universe consists in its harmony and rationality Thus, the good for mankind is to be in harmony with the universe/nature (phusis) Human Disharmony Conflict between what one desires and external circumstance 1. If we have complete control over external circumstances we could shape the world to fit our desires 2. If we had full knowledge of the order and process of the Universe we could shape ourselves to desire only what actually happens But, 1& 2 are impossible Conforming to Nature We should shape our character so we do not have any desires whose object is the existence or non- existence of some external circumstance ( e.g., do not desire to change the past) Conforming to Nature Ataraxia (“mental tranquility”)= brought about by state of character that is in harmony with the order and rationality of nature Popular Beliefs GOODS: life, health, pleasure, beauty, strength, wealth and fame EVILS: death, disease, pain, ugliness, weakness, poverty Stoics’ View DESIRE vs. PREFERENCE 1. The stoic ought not to desire any of these popularly valued things 2. Health is closer to natural condition than disease 3. Thus, health should be PREFERRED, but NOT DESIRED Theological Virtues Thomas Aquinas Human Virtue : (1) tied to the nature of a human being; and (2) leads to human happiness Theological Virtue: (1) directs human beings towards God and makes us vessels of God’s love towards others; (2) leads to divine happiness (“blessedness”) Faith the belief in God and in all He has said and revealed to us. In faith, a human being commits themselves entirely towards God. Hope ”to desire the kingdom of heaven and eternal life as our happiness, placing our trust in Christ’s promises...with the help of grace of Holy Spirit” Charity (1) “the love of God above all things for his own sake, and our neighbor as ourselves for the love of God.” (2) We are commanded to love others as Jesus loves (viz., unconditionally), which goes beyond the capacity of human love. Importance Charity animates all the other virtues and develops our spiritual freedom by elevating human love to divine love Here is an Example... Question II. Article 1 – Whether the Existence of God is Self-Evident? Objection 1. The existence of God is self-evident Aquinas then explains the reasoning behind the objection... things that are self-evident exist naturally within us (like the first principles of science). Demascene states that “knowledge of God is implanted in all of us”; therefore, the existence of God is self-evident Objection 2. Existence of God is Self-Evident Once one Conceives of it. Aquinas again explains the reasoning behind the objection one can deduce that every whole is greater than its parts from knowing the nature of the whole and part. When one conceives of a thing that which nothing greater can be conceived and that which actually exists is better than that which mentally exists. Thus, once the term “God” is understood, it is manifest that his existence is self-evident. Aquinas now states his thesis... “ On the contrary, no one can mentally admit the opposite of what is self-evident, as the Philosopher states concerning the first principles of demonstration. But the opposite of the proposition God is can be mentally admitted: The fool said in his heart, There is no God (Ps Iii.I). Therefore, that God exists is not self evident” (21) Then, He explains it beginning with “I answer that...” “ I answer that , a thing can be self-evident in either of two ways: on the one hand, self-evident in itself, though not to us; on the other, self-evident in-itself, and to us. A proposition is self-evident because the predicate is included in the essence of the subject: e.g., Man is an animal, for animal is contained in the essence of man. If, therefore, the essence of the predicate and subject be known to all, the proposition will be self-evident to all...” Aquinas’ Proofs of the Existence of God (“The Five Ways”) Argument from Motion Argument from Efficient Cause Argument from Possibility & Necessity Argument from Gradation Argument from Design I. Argument From Motion 1. Everything is either potentially in motion or actually in motion 2. Nothing can be reduced from potentiality to actuality except by something already in a state of actuality 3. Nothing can be both actual and potential in the same respect 4. Thus, nothing can both potentially and actually be in motion in the same respect 5. Thus, nothing can move itself 6. Without a prior existing thing, there would be no motion 7. Thus, there is a first mover, and this is what we call “God” II. Efficient Cause 1. Nothing can be the efficient cause of itself 2. If something is an efficient cause of something else, then if that efficient cause does not exist, then the result is too 3. Efficient causes are ordered from a first cause 4. If there is no first-cause, then there are no ultimate effects 5. We see there are effects ---------------------------------------------------------------------------- 6. This, there is a first cause for all of them, God III. Possibility & Necessity 1. Things in nature are subject to generation and degeneration 2. All things are either necessary or contingent 3. If all contingent things always existed, then that which can not- be at some time is not 4. Thus, it would be possible that at one time nothing existed 5. But, existing things cannot come from nothing 6. Thus, God exists IV. Argument from Gradation 1. There is a gradient in things (more, less, hot, cold...) 2. Things are better or worse according to a standard 3. “Hotter” is a term used to state how far hot is to hottest 4. ”Good” or “Better” or “Best” are terms used to say how far something is to perfection 5. God is the standard of all good things -------------------------------------------------------------------------------------- 5. Thus, God exists V. Argument from Design 1. Things which lack knowledge (rocks, rivers, etc) aim at an end 2. These things achieve their end without knowledge 3. But, these things would not be able to achieve this without something directing them --------------------------------------------------------------------------- 4. Thus, there must be some intelligent being exists by whom all natural things are directed to their end, and this being is called “God” All Pleasures are Commensurable “ The utility of all these arts and sciences,—I speak both of those of amusement and curiosity,—the value which they possess, is exactly in proportion to the pleasure they yield. Every other species of preeminence which may be attempted to be established among them is altogether fanciful. Prejudice apart, the game of push-pin is of equal value with the arts and sciences of music and poetry. If the game of push-pin furnish more pleasure, it is more valuable than either” (Bentham, Rationale of Reward , Book 3 chapter 1) Bentham’s Circumstances of Pleasure 1. Intensity 2. Duration 3. Certainty 4. Remoteness 5. Fecundity 6. Purity 7. Extent Simpleton Problem If Bentham’s view of pleasure is correct, then those with more refined tastes would be more difficult to satisfy whereas those with simple tastes would be easier to satisfy. As a result, Bentham’s utilitarianism would say that the life of a simpleton would be better than the life of Socrates John Stuart Mill’s Utilitarianism Higher & Lower Pleasures Mill : Human beings “have faculties more elevated than the animal appetites and, once made conscious of them, do not regard anything as happiness which does not include their gratification.” Higher & Lower Pleasures Someone cannot be happy without the higher pleasures, since, “it is better to be a human dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied.” (Mill 8) Competent Judges All or almost all who have adequate experience of both decidedly prefer the one to the other -- even while knowing that it be attendant with a greater amount of discontent and “would not resign it for any quantity of the other pleasure which their nature is capable of” Objection to Utilitarianism In each action, a person does not have enough time to calculate the consequences of an act on the general happiness Mill’s Reply There has been ample time, namely, the whole past duration of the human species. During all that time mankind have been learning by experience the tendencies of actions, on which experience all the prudence as well as the morality of life be dependent (Mill 23-24) Mill’s Reply Fundamental Principle : Greatest Happiness Principle Secondary Principles : Every-Day Mora CATEGORICAL IMPERATIVE 1 st Formulation of the Categorical Imperative : act in such a way that you can will your maxim to be universal law If the maxim is contradictory, it will be impossible to will that the maxim to become universal law < b > A maxim that fails the categorical imperative test is a maxim that derives from inclination 2 Hypothetical Imperatives are informed by states of affairs in the world, the desires of the human being, etc. Categorical Imperatives are never informed by one’s wants, specific situation, conditions, etc. HOW TO TEST A MAXIM A Case of Promising : Pete knows that he is unable to pay back a loan from Joan, but he is in a bad spot because of some bad bets on some sports games and decides to ask anyway. Joan states that he must pay him back the four hundred dollars. Pete agrees, but knows he will never be able to pay the money back. 1. Can Pete will this maxim to be universal law? 2. What type of imperative governs Pete’s action? Why? PETE’S MAXIM IS CONTRADICTORY Maxim : A lying promise Universalize the Maxim : All people who make a promise ought to do so in order to get what they want Contradictory : false promises are successful only on the understanding that other people will fulfill the promise; if all people made lying promises, then the idea of promising would be incomprehensible Therefore, one ought not to make a lying promise HYPOTHETICAL IMPERATIVE UNDERLYING PETE’S ACT Pete’s Reasoning Inclination : I really want four hundred dollars in order to pay off some debts Hypothetical Imperative : Given his state of affairs, if Pete wants to receive four hundred dollars, then Pete ought to lie to Joan ACCORDING TO DUTY VS. FROM DUTY Duty : the necessity of an action done out of respect for the moral law (400) According to Duty : an act that is in accordance with what one ought to do, but fails to be done out of respect for the moral law From Duty : the m axim , the principle of volition, derives from a pure moral principle – viz., the command of reason MORAL WORTH OF AN ACTION Only an action that is done out of respect for the moral law and not because of the inclination of self-love has moral worth THE POLITICIAN Case : A politician is running for office so that he can be admired and to be remembered. In order to improve his poll numbers, he contributes 5 million dollars to a popular charity for children Question : is his action according to duty or from duty? ASSESSING THE ACTION Maxim : give to charity so as to appear generous; doing so will further a career that will achieve the goal of being admired Assessment : The act is in accordance with duty Why? - Because children are helped by the donation Source of Motive : inclination to promote the politician’s interest in being admired Moral Worth : None. The action is in accordance with duty but not from duty KANT’S RESTATEMENT 2 nd Formulation of Categorical Imperative : Act as to treat humanity, whether in thine own person or in that of any other, in every case as an end [in itself, and] never as means only Note : Kant thought that the 1 st Formulation and the 2 nd Formulation of the Categorical Imperative was the same Ethics Is an “attempt to determine which among these varieties of conduct is right and which of these... judgments is valid” (3) The systematic consideration of these questions is the subject of ethics Disagreement About What Ethics is “About” Some think ethics is the study of a Summum Bonum (e.g., the greatest happiness principle in utilitarianism) Some think ethics is the study of moral duties (e.g., Kantian deontology or “Intuitionism”) Ethics vs. Art (= Techne ) Art = systematic express knowledge of the right means to a given end. But Intuitionists say that ethics is about the “Rightness of the action itself and not any ulterior consequences” Thus, ethics is not an art Sidgwick’s View of Ethics Ethics is the “science or study of what ought to be, so far as this depends upon the voluntary action of individuals” Sidgwick’s Defense of his Conception “ [W]e are generally agreed that reasonable conduct in any case has to be determined on principles,” but there is a difference between people (5) Philosopher : “seeks unity of principle, and consistency of method” Non-Philosopher : “holds different principles at once, in more or less confused combination” Task of Ethics: Harmonize Different Principles & Methods “ [M]en, in so far as they attempt to make their conduct rational, do so, naturally and habitually, upon different principles and by different methods” (6) “ [T]hese methods must be reconciled and harmonized, or all but one of them rejected. The common sense of men cannot acquiesce in conflicting principles” (6) Many Think Ethics is Based on a Hypothetical Imperative Hypothetical Imperative : one ought to do X, Y, Z, etc. if one has a desire for A 1. Assume : someone has a desire for personal Happiness 2. That person ought to develop virtues or satisfy some desires and not others Problem : this makes the end of ethics OPTIONAL Utilitarians “ [A]ll the rules of conduct which mean prescribe to one another as moral rules, to be partly consciously and partly unconsciously prescribed as a means to the end of the happiness of the community” (7)  Moral rules are relative to the individual in individual circumstances The end, however, is “unconditionally prescribed” The Problem with Utilitarianism Most people do not think that “all men, by a universal law of their nature, are always aiming at the general happiness” (8) COMMON SENSE LIMITS THE STUDY OF PRINCIPLES TO THOSE THAT ARE REASONABLE: 1. HAPPINESS 2. VIRTUE (OR “PERFECTION”) 3. MORAL DUTIES POPULAR VIEW Ethics is concerned with the terms virtue, vice, duty, right, ought, good, & bad POPULAR VIEW It’s about good conduct, which is the domain of practical philosophy MOORE BUT WHAT DOES “GOOD” MEAN? GOOD IS UNDERSTOOD IN MANY WAYS “ I am doing good right now” “ I had a good dinner yesterday” “ Books are good” - “Pleasure is good” CAN “GOOD” BE DEFINED? Moore’s View 1. It cannot be defined 2. One can only say “good is good” 3. “Good” is a simple notion, just as “yellow’ is 4. “Good” like “yellow” has no parts REDUCTIVE DEFINITION? Someone might say “yellow” is a kind of light-vibrations that stimulate a normal eye Moore : but this is not what we mean when we say “yellow,” for these vibrations are not what we see (10) THE NATURALISTIC FALLACY Any attempt to define the word “good” in terms of some natural quality-–i.e., a naturally occurring property or state, such as pleasure BENTHAM 1. The greatest happiness principle is the proper end of human action 2. “Right” means “conducive to general happiness” (18) “ ORGANIC WHOLE” Regarding his claim that the notion of “good” does not have parts, Moore uses the term “organic whole” in a special sense: ” [This term denotes] the fact that a whole has an intrinsic value different in amount from the sum of the values of its parts...The term will not imply any causal relation whatever between the parts of the whole in question. And it will not imply either, that the parts of inconceivable except as parts of that whole...” (36). “ ORGANIC WHOLE” 1. Good is a moral property that cannot be analyzed, and cannot be scientifically tested/verified 2. Questions of intrinsic goodness can only be settled by appeal to moral intuitions 3. Intuitions are self-evident propositions which recommend themselves to moral thought 4. Intuitions are immune to direct or indirect proof 5. Moral Intuitionists (=deontologists) believe right actions can be intuited; Moore believes only ENDS (=what is good) can be intuited MOORE’S OBJECTIVE “ I am not attacking the doctrine that ‘ Pleasure alone is good as an end or in itself’: I am not attacking the doctrine that ‘Pleasure is good as an end or in itself, nor am I attaching any doctrine whatever as to what are the best means we can take in order to obtain pleasure or any other end” (62) “ I quarrel only with the reasons by which they seem to think their conclusions can be supported ” (62)  “ A correct conclusion may always be obtained by fallacious reasoning... it is his ethical philosophy alone with which I am concerned” (63) MOORE TARGETS M I L L’ S DEFENSE OF UTILITARIANISM (1) “ Pleasure and freedom from pain are the only thing desirable as ends (2) “ To think of an object as desirable (unless for the sake of its consequences) and to think of it as pleasant are one and the same thing” MILL ON “ U LT I M A T E ENDS” “ Questions of ultimate ends are not amenable to direct proof. Whatever can be proved to be good, must be so by being shewn to be a means to something admitted to be good without proof” Moore : I agree M I L L’ S KEY CLAIM “ Questions about ends are. In other words, questions what things are desirable” Moore : Mill is using the words “desirable” or desirable as an end” as absolutely and precisely equivalent to the words ‘good as an end’ M I L L’ S PROOF OF PLEASURE ALONE IS GOOD AS AN END Mill: “The only proof capable of being given that a thing is visible, is that people actually see it. The only proof that a sound is audible, is that people hear it...In like manner, I apprehend, the sole evidence it is possible to produce that anything is desirable, is that people do actually desire it...No reason can be given why the general happiness is desirable, except that each person, so far as he believes it to be attainable, desires his own happiness.” Mill: “That each person’s happiness is a good to that person, and the general happiness, therefore, a good to the aggregate of all persons” (66) MOORE: MILL COMMITS THE NATURALIS TIC FALLACY Any attempt to define the word “good” in terms of some natural quality-–i.e., a naturally occurring property or state, such as pleasure SO, MILL IS S AY I N G... “ Good” means “desirable,” and you can only find out what is desirable by seeking to find out what is actually desired. DESIRABL E VS. VISIBLE Moore : (1) “ [But] ‘desirable’ does not mean “able to be desired” as ‘visible’ means ‘able to be seen’. The desirable means simply what ought to be desired or deserves to be desired; just as the detestable means not what can be but what ought to be detested (67) (2) Mill is attempting to establish the identity of the good with DESIRABLE VS. VISIBLE In other words, if we take 1. “ Visible means able to be seen” Then, in order to be analogous, Mill needs to hold that 2. “ Desirable means able to be desired.” But, this is not what “desirable” means. Desirable must mean something that ought to be desired M I L L’ S PROOF RESTS ON A FALLACY Mill has established a normative conclusion about what we ought to do (= ought to bring about the greatest amount of happiness to the greatest number ) on the basis of a descriptive claim that humans do desire their own happiness. The only thing Mill has established is that the general happiness is good because we Are able to desire it The Theory of Moral Sentiments Adam Smith 08/28/2024 Sample Footer Text 1 08/28/2024 Sample Footer Text Smith on Reason- Based Ethical Theories Freedom and nature are better guides to a harmonious society than the reason based ethical theories ( = Kant, deontology, etc) 2 Sympathy SMITH : “How selfish soever man may be supposed, there are evidently principles in his nature, which interest him in the fortune of others, and render their happiness necessary to him, though he derives nothing from it except the pleasure of seeing it. Of this kind is pity or compassion, the emotion which we feel for the misery of others, when we either see it, or are made to conceive it in a very lively manner. That we often derive sorrow from the sorrow of others, is a matter of fact too obvious to require any instances to prove it; for this sentiment, like all the other original passions of human nature is by no means confined to the virtuous and the humane, though they perhaps may feel it with the most exquisite sensibility. The 08/28/2024 Sample Footer Text 3 How Sympathy Works 1. We use our imagination to conceive of ourselves in someone’s situation 2. We represent to ourselves the thoughts, emotions, and feelings that they feel 3. Since we cannot actually feel what they feel, we use past experience of our own impressions of our senses in similar circumstances to feel with them 08/28/2024 Sample Footer Text 4 Is Smith Anticipating “Brain Synchrony”? Sympathy does not arise from the view of the passion, [but rather] as from that of the situation that excites it (16) Socializing brings content to the observation of passion 08/28/2024 Sample Footer Text 5 Sympathy Does not Require Parallel Emotions Someone living an entirely wretched life may smile and dance Someone in the throws of a drug addiction may even feel proud But, “the compassion of the spectator must arise altogether from the consideration of what he himself would feel if he was reduced to the same unhappy situation” (19) 08/28/2024 Sample Footer Text 6 We Even Feel Sympathy with Those Who are No Longer Alive “ We sympathize even with the dead, and overlooking what is of real importance in their situation, that awful futurity which awaits them, we [represent to ourselves...] to be laid in the cold grave, a prey to corruption and the reptiles of the earth; to be no more and though of in this world, but to be obliterated, a a little time, from the affections, and almost from the memory, of their dearest friends and relations” TYPES OF JUSTICE 1. Commutative : not “messing with other people’s stuff” 2. Distributive : making a becoming use of what is one’s own 3. Estimative : estimating objects properly INJUSTICE IS AN INJURY TO A SPECIFIC PERSON Appropriate object of condemnation and/or punishment INJUSTICE ON THE BODY POLITIC A society cannot subsist long unless the laws of justice are tolerably observed No social intercourse can take place among men who do not generally abstain from injuring one another (106) This is why injustice is punished to the degree to which it undermines social cohesion or safety COMMANDS FROM OUR SUPERIORS SMITH: “A superior...with universal approbation, oblige those under his jurisdiction to behave, in this respect, with a certain degree of propriety to one another. The laws of all civilized nations oblige parents to maintain their children, and children to maintain their parents, and impose upon men many other duties of beneficence. The civil magistrate is entrusted with the power not only of preserving public peace by restraining injustice, but of promoting the prosperity of the commonwealth, by establishing good discipline and by discouraging every sort of vice and impropriety; he may prescribe rules, therefore, which not only prohibit mutual injuries among fellow-citizens, but command mutual good offices to a certain degree” (98) W H AT WOULD SMITH S AY ABOUT SOC JUSTICE? Social Justice = the fair balance of the distribution of wealth, opportunities, and privileges within a society In order to ensure equal distribution of wealth and equal opportunities, social justice advocates use taxation, social insurance, public health, labor laws, & market regulation. Example : Plato’s Republic : “every member of the community must be assigned to the class for which he finds himself best fitted” Would Smith support or oppose social justice institutions? SELF- COMMAND “ The most perfect knowledge of [the rules of beneficence and justice] will not alone enable him to act in this manner: his own passions are very apt to mislead him; sometimes to drive him and sometimes to seduce him and violate all the rules which he himself, in all his sober and cool hours, approves of. The most perfect knowledge, if it is not supported by the most perfect self-command, will not always enable him to do his duty” (280) SELF-COMMAND & THE 2 TYPES OF PASSIONS (280) 1. Passions that require self-command to restrain for even a moment (”drive away from duty”) Examples : fear and anger 2. Passions which are easy to restrain for a single moment or short period of time; but which, by their continual and almost incessant solicitations, are...very apt to mislead into great deviations (“seduce away from our duty”) Examples : the love of ease, pleasure, applause, and other selfish gratifications CORRESPONDING VIRTUES DERIVED FROM SELF-COMMAND OVER PASSIONS 1. Self-command over the first set involves (a) fortitude, (b) manhood, (c) strength of mind 2. Self-command over the second set involves (a) temperance, (b) decency, (c) modesty, and (d) moderation MAGNANIMIT Y & ITS VENERATION BY OTHERS “ The man who, in danger, in torture, upon the approach of death, preserves his tranquility unaltered, and suffers no word, no gesture to escape him which does not perfectly accord with the feelings of the most indifferent spectator, necessarily commands a very high degree of admiration” (281) “ If [someone] suffers in the cause of liberty and justice, for the sake of humanity and the love of his country, the most tender compassion for his sufferings, the strongest indignation against the injustice of his sufferings, the warmest sympathetic gratitude for his beneficent intentions, the highest sense of his merit, all join and mix themselves with the admiration of his magnanimity, and often inflame that sentiment into the most enthusiastic and rapturous veneration.” (281) SMITH’S THREE CARDINAL VIRTUES Beneficence : is required, but not universally, and is not subject to punishment when neglected, but praised when done well Justice : is a negative duty, one which can fulfill by laying in bed; the violation of this duty does warrant punishment and condemnation Self-Command : is a self-regarding virtue which makes all other virtues possible No Justice in the State of Nature If there is no common power, then there is no law If there is no law, then there is no justice and injustice These are qualities that relate to mankind in society, not nature Desire Towards Peace Motivated by fear of violent death Also by desire for industry and provisions of life 1st Law of Nature Desire Peace: Every man ought to endeavor to secure peace, as far as he has hope of attaining it, and if he cannot obtain it, he may seek and use all the advantages of war 2nd Law of Nature Contract into Peace: A man be willing, when others are so too, as far-forth as for peace and defense of himself he shall think it necessary, to lay down his right to all things, and be contented with so much liberty against other men, as he would allow other men against himself (XIV.5) 2 nd Law of Nature “ Lay Down Right ” = divest oneself of the liberty of hindering another of the benefit of his own right to the same (XIV.6) Ways to “Lay Down Right” = Renouncing or transferring this right to others One has a duty not to violate this voluntary contract with others Contract def = mutual transference of rights Sufficient condition for a contract to be void = reasonable suspicion that the other party will not uphold its end of the contract The Social Contract into Civil Society Central Power = ensures the validity of contracts; enforces their performance State = establishes a condition where mutual trust is reasonable Are Contracts made through Fear Valid? Yes. Fear motivates many different contracts 3 rd Law of Nature = that men perform their covenants made, without which covenants are made in vain, and but empty words, and the right of all men to everything remaining, we are still in a condition of war Justice vs Injustice Justice = performance of covenant Injustice = failing to perform covenant 14 Locke & Founding Fathers 1. The Lockean rights to life, health, liberty and possessions are negative natural claim-rights (Natural Law) 2. The American God-given rights to life, liberty, and the pursuit of happiness are also natural negative claim-rights (Natural Law/God’s Will) French Revolution 1789-1799 French people overthrew the absolute monarch Louis XVI In 1789 the National Constituent Assembly drew up the Declaration of the Rights of Man and of the Citizen  This document stated the principles of the revolutionary movement in terms of “natural rights” 16 Article 1 Men (all men) are born and remain free, and equal in respect of rights. Social distinctions cannot be founded, but upon common utility Bentham’s Objection : no man has ever been born free in the state of nature. All men are born to subjection to their parents. Thus, there is no natural equality among men 17 Article 2 The end in view of every political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression. Bentham’s 1 st Objection : if this implies that govts were brought about by formal association of consent, then all other originations of govt is illegitimate. But no government ever was brought about this way. Thus, all governments (on this assumption) would be illegitimate (209-10) Bentham’s 2 nd Objection : contracts come from government; government does not come from contracts. Rights without a government are no rights at all , since rights have a function relative to a political community 18 Bentham on Natural Rights “ Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense—nonsense upon stilts ” “ Natural rights” is just a hasty generalization Basing an insurrection on natural right is contradictory: the justification of the insurrection justifies future insurrection against that very government U.S.S.R. Constitution (1936) Article 118. Citizens...have the right to work, that is, are guaranteed the right to employment and payment Article 119. Citizens...have the right to rest and leisure. The right to rest and leisure is ensured by the reduction of the working day to seven hours for the...majority of the workers...annual vacations with full pay Article 120. Citizens...have the right to maintenance in old age...or loss of capacity to work. This right is ensured by the extensive development of social insurance of workers and employees at state expense, free medical service... and the provision of a wide network of health resorts for the use of the working people. 19 20 Notice the Difference from Lockean / American Natural Rights The legal rights advocated in the U.S.S.R. constitution are positive claim-rights 1. Right to employment 2. Right to rest and leisure 3. Right to maintenance in old age 4. Right to unemployment pay 5. Right to free medical services 21 Criticism of Positive Rights At whose expense are these positive rights provided? “Jobs, food, clothing, recreation (!), homes, medical care, education, etc, do not grow in nature. These are man-made values...and [condemn others to continuous coercion by the state]” if some men are entitled by right to the products of the work of others, then...those others are deprived” of the right to own the product of their labor. These men are subjected to involuntary servitude (63) 22 Criticism of Positive Rights “ [A] right does not include the material implementation of that right by other men; it includes only the freedom to earn that implementation by one’s own effort.” In other words, a right to happiness is, e.g., a right to pursue happiness, not have it provided from others Individual rights act as a limitation on the political power of the state and are the means of subordinating society to moral law (62) The United States & Rights “ The United States regarded [the individual] man as an end in himself: society is the means by which man can live in peace and order in voluntary coexistence with others.” The individual is not to be sacrificed to the projects of others through appropriating the fruits of his labor II. THE VALUE OF DEBATING FALSE CLAIMS A. Value of Combating “Truth-Prejudice.” Although the expressed opinion is false and received opinion is true, received opinion requires constant challenge and defense so that it is not held as a blind prejudice  B. Maintaining Meaning. Although the expressed opinion is false, the very meaning of a true statement may be lost if it becomes a mere “formal profession”. It forces those who hold true beliefs to reconsider or justify reasons for those beliefs THE VALUE OF JUSTIFICATION 1. There is false opinion or true opinion 2. One may be given a set of true beliefs and yet not understand “the connections” between them 3. There is no such thing as true knowledge or false knowledge THE VALUE OF JUSTIFICATION MENO:...It makes me wonder, Socrates...why knowledge is prized far more highly than [true] opinion, and why they are different SOCRATES: [...Consider the following analogy...] To acquire an untied work of Daedalus is not worth much, like acquiring a runaway slave, for it does not remain, but it is worth much if tied down...What am I thinking of when I say this? True opinions. For true opinions, as long as they remain, are a fine thing and all they do is good, but they are not willing to remain long, and they escape from a man’s mind, so that they are not worth much until one ties them down by [giving] an account of the reason why (97c9 - 98a2). TRADITIONAL DEFINITION OF KNOWLEDGE Definition : Knowledge is Justified true belief “ S knows that P” if and only if... (a) S believes that P (b) P is true (c) S is justified in believing that P LIBERTY-LIMITING PRINCIPLE Harm Principle : the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm against others Note : mere offense at the expression of an idea does not count as a harm CIRCUMSTANCES MATTER 1. Inciting a Riot : the “opinion that corn dealers are starvers of the poor, or that private property is robbery, ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer, or when handed about among the same mob in the form of a placard” (Chapter 3, On Liberty) 2. Fighting Words (SCOTUS) : permits the regulation of speech that is a “personally abusive epithets...that are inherently likely to provoke violent reaction” (Feinberg, 23) HARM PRINCIPLE & REGULATION A citizen’s liberty of thought and action should be limited by law and social norms only for the sake of preventing harm to society (as a whole) or an individual Thus, Mill opposes paternalism, the view that law and society may limit a person’s liberty of thought or action for his or her own sake CENSORSHIP Censorship : the act of examining books, plays, news reports, motion pictures, radio and television programs, letters, cablegrams, etc., for the purpose of suppressing parts deemed objectionable on moral, political, military, or other grounds Note : Censorship is a form of coercion 2 Coercion : the deliberate interference of other human beings by other human beings within an area in which one could otherwise act (Berlin, 1969: 122) THE PHILOSOPHER’S PROGRESS (1) A child receives conventional moral training which consists in both true and false beliefs  (2) As an adult, one encounters puzzling moral questions, hard cases, or inconsistencies and loses one’s complacency (3) One begins to systematize one’s moral beliefs in order to discard false beliefs and construct a consistent belief set (4) Stage of moral expertise: person can define moral terms and can determine moral action even in difficult situations (Kraut, 230-1) BAD FAITH Jean-Paul Sartre Being & Nothingness JEAN-PAUL SARTRE 1905-1980 French Existentialist Philosopher & playwright  Being & Nothingness was the seminal text for existentialist movement in the 20 th century NOTHINGNESS Freedom brings nothingness into the world Being can generate only being and if man is inclosed in this process of generation, only being will come out of him. But “[i]f we are to assume that man is able to question this process-i.e., to make it the object of interrogation-he must be able to hold it up to view as a totality. He must be able to put himself outside of being” (24) FREEDOM Freedom precedes essence in man and makes it possible; the essence of the human being is suspended in his freedom. There is no difference between the being of man and his being-free (26) 4 FREEDOM “ Action necessarily implies as its condition the recognition of a “desideratum”; that is, of an objective lack or again of a negatité” (Sartre 1943) “ A factual state, even poverty, does not determine consciousness to apprehend it as a lack. No factual state, whatever it may be, can cause consciousness to respond to it in any one way. Rather, we make a choice about the significance of that factual state for us, and the ends and motives that we adopt in relation to it” (SEP) 5 = the attitude where “consciousness instead of directing its negation outward turns it toward itself” (48) BAD FAITH = to lie to oneself BAD FAITH IS NOT A LIE A liar utilizes for his own profit the ontological duality of himself and hiself in the eyes of the Other A PERSON WITH BAD FAITH IS NOT A LIAR - a liar knows the truth - a liar does not seek to hide his deception from himself - telling untruths without knowing (or being mistaken) is not lying BAD FAITH - to hide a displeasing truth or present as truth a pleasing untruth - one is hiding the truth from oneself – consciousness affects itself with bad faith by pretending it’s not free ( viz., acting as if one is a being-in-itself, instead of a being for-itself) REDUCTIVE M AT E R I A L I S M , F O R E X A M P L E... Reductive Materialism = all things are material and can be explained by analyzing them down to the most basic scientific elements SARTRE : This philosophy is in bad faith, since it defines each of us by means of our facticity, all of which has little to do with our freedom. 10