Crim C10 - Week 4 notes
Crim C10 - Week 4 notes Crm/Law C10
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This 6 page Class Notes was uploaded by Edward Avakian on Saturday April 23, 2016. The Class Notes belongs to Crm/Law C10 at University of California - Irvine taught by William Thompson in Spring 2016. Since its upload, it has received 6 views. For similar materials see FND CRM, LAW & SOC in Criminology and Criminal Justice at University of California - Irvine.
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Date Created: 04/23/16
Crim C10 Lecture 7 Week 4 04/19/2016 ▯ John Rawls 1- Veil of ignorance (not knowing what position you should be born into) o Certain rights are absolutely protected under the veil of ignorance 2- Difference principle o People shouldn’t benefit from mere accidents of birth o We shouldn’t treat people differently from happenstance o Treat people with equality ISSUE: Whether innate talent falls within this category; certain people are born being extraordinarily good-looking and make money by being a model/actor; Rawlsian dispute = do they deserve that or is it morally arbitrary difference? o Rawls says yes, it is morally arbitrary; certain people just have a greater endowment; not something you deserve, it’s a benefit you get; not fair that people in that position should gain more wealth and fame as a result o We do have to recognize that some of the wealth and income they acquire has to be spent for the benefit for the rest of the community (i.e., taxation). Libertarians wouldn’t accept this; you should have the benefit of whatever work you have You have to ask both questions: is it a society that I would want to live in and does the law treat people differently based on morally arbitrary characteristics? ▯ ▯ Theories of wealth distribution—based on Rawl’s “difference principle” Feudal o Fixed hierarchy (top-down control) o King/queen controlled everything o He could pass down power and land to dukes/duchesses/lords o King would be very rich; peasants would be very poor (be only as rich as the lords above them allowed them to be) o Utilitarian view – fine for few people at the top; terrible for peasants below them o Libertarian view – what about human rights? How much liberty do you have if you live in a feudal society? You’re dominated by the people who live above you (control came from the top-down; people who were at the bottom had no control of government); they would want to engage in whatever business/commerce they wish to engage in; not a great system at all o Rawlsian view – living in such a system is not what you would reasonably choose due to the hierarchical aspect of it Libertarian o Formal equality & unfettered capitalism o What type of system would you like to see? Libertarians want some sort of formal equality (constitutional rights = rights of life, liberty, property, pursuit of happiness); everybody can engage in business and commerce as they would like; government provides certain limited protections and setting up a free market wherein people can engage in business; people can choose how to use their talents and abilities o Price gouging would be okay (someone sells bottle of water for $100 to someone who is dying of thirst) o Rawlsian view – libertarians are being naïve; you need some government intervention to achieve fairness; in order to achieve true egalitarian, you need some leveling of inequalities due to arbitrary differences Meritocratic o Government regulation to achieve “fair equality” o No price gouging o Some government intervention Egalitarian o Based on Rawls’ “difference principle” o Fine for government to take money away from people who make too much o Taxation is perfectly justified for wealth redistribution if the wealth was gained by arbitrary differences ▯ ▯ Feudalism Morally arbitrary Coercive ▯ ▯ Unfettered capitalism Endowment effects o Libertarians say there will be a free market; the critics say well, some people are born into richer families, some are born into poorer families o If you’re born into richer family, you get some endowment from that – better schooling, better jobs, prestigious employment (unfair starting point) Monopoly and coercion o The libertarians say it’s a free market o Critics say how free is it? Suppose you’re born in a town where it’s a small town in the south where the only industry is the production of cotton mills; either work at a farm sharecropping where the owners are going to charge a whole lot to use their land or you can work at the cotton mill (be paid however much the owner of the mill wants to pay you— coerce their employees) o Libertarians would say you can leave the town and go elsewhere o Critics say that it’s often not that free; you have to make choices based off of economic necessity Fraud o We see mild forms of this in credit card agreements; people are led to think they are getting one thing but get something else ▯ ▯ Rise of regulatory state Wages and hours o Unfettered capitalism = requiring people to work many hours (bakers in New York to work 14-16 hours a day); at the time there weren’t many jobs o Get government involved to set minimum wages and maximum hours at which people could work o Libertarians view – government taking away liberty for employers by having them set minimum wages and maximum hours of pay o Lochner v New York (1905) D said the law is unconstitutional, inconsistent from what the framers of our country intended for our constitution Claimed his constitutional rights have been violated; interference with his basic liberty (5 amendment) Supreme Court agreed taking a libertarian approach by agreeing that the government can’t regulate hours and wages Supreme Court at the time was conservative and libertarian at the time o The courts interpretation of the liberty clause began to loosen up later on and more government regulation was allowed (5 th amendment) You can deprive people of certain liberties when they violate the law and send them to jail o Mueller v Oregon (1907) Women were working in assembly lines with wood Introduction to utilitarian thinking to Supreme Court Oregon bill regulated the number of hours women could work to 12 hours; seen as a progressive reform Interstate commerce o Interstate commerce commission ICC (first federal administrative government agency) o Railroads became involved in agricultural commerce (most efficient means of transportation = strong bargaining tool) Raise rates to exploitative levels or what the farmers thought were exploitative levels since they had a monopoly on transportation Anti-Trust Legislation o Power to break up monopolies Food and drug act o Federal agency to regulate the purity of food and drugs to keep people from freely choosing to purchase some dangerous food or drug Failed New Deal Economic Legislation o NIRA o Agricultural Adjustment Act o 1) Roosevelt was president for 4 terms; appointed many Supreme Court justices who were more progressive in their opinions o 2) Roosevelt threatened the Supreme Court; workload was very high; increased justices to 17 from 9 to reduce workload; conservatives were appalled; Supreme Court became more progressive ▯ ▯ Crim C10 Lecture 8 Week 4 04/22/2016 ▯ Liberty in the Constitution We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. 5th Amendment: No person shall be....deprived of life, liberty, or property, without due process of law 14th Amendment: Nor shall any State deprive any person of life, liberty, or property, without due process of law ▯ ▯ When should government limit economic liberty? Preventing harm to others o Fraud/deceit o Externalities, e.g., pollution o Nuisance o Exploitation, e.g., of children, incompetents Preventing unfair bargains? o Traps for unwary—e.g., deceptive credit practices; consumer protection o Superior bargaining position Gouging Monopolies Civil Rights o Employment o Housing o Hotel & restaurants o College admission Discrimination against the disadvantaged Discrimination in favor of disadvantaged Economic redistribution? o Public health and welfare Rights arguments Utilitarian arguments o Remediation for discrimination, bias o Reducing endowment effects ▯ ▯ The Case of Equality John Rawls (1921-2002) o Veil of ignorance o Difference principle ▯ ▯ Rawls on inequality Are you entitled to the benefits of your talent and hard work? Do high achievers owe a debt to society for their success? ▯ ▯
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