Notes Phil 101 (Intro to Philosophy)
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This 3 page Class Notes was uploaded by Elizabeth Notetaker on Sunday September 4, 2016. The Class Notes belongs to Phil 101 (Intro to Philosophy) at University of Alabama - Tuscaloosa taught by Scott Hestevold in Fall 2016. Since its upload, it has received 6 views. For similar materials see Introduction to Philosophy in Political Science, Philosophy, & Religion at University of Alabama - Tuscaloosa.
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Date Created: 09/04/16
Locke 08/29/2016 o Divine Authority Theory- A govt is justified if and only if God endows the leaders with the right to dictate and enforce rules of conduct o In order to evaluate the usefulness or justness of government, we must first look at life in a state of nature o Locke’s Natural Law Theory of Ethics The state of nature: Anarchy No government constraints on you The law of nature: morality D1: Someone S lives in a state of nature (ie a state of anarchy) = the only rules of conduct that bind S are those of the natural law D2: N is the natural law (ie morality) N is the set of those rules of conduct dictated by god NL An action is morally obligatory if and only if that action is required by the natural law N= (Do not kill or harm others or others property, don’t commit suicide or harm yourself, do extract compensation from a wrongdoer that harms you (punish others for disobeying NL), etc…) a. If you have a moral right, you have a moral claim against other people- it would be wrong for someone to attempt to take or ruin it b. Moral objectivists believe there are moral facts about what is right and what is wrong ethical objectivism o Locke believes there are some advantages and disadvantages to government: Disadvantages of joining a government over anarchy To do whatever you think fit for the preservation of yourself and others within the law of nature To punish the crimes committed according to that law Advantages of government (disagreements to Wolff’s argument) Preservation of their property- in gov rule you have increased protection of yourself and your property There will be a common law- everyone’s held to the same rules There is an unbiased judge in charge of determining innocence and guilt, as well as appropriate punishment Power to back up and support these punishments What is the justification of gov? Social Contract Theory to justify gov- two people have the autonomy to enter into a contract. Contractual agreements are ways to waive rights Other justification: 1. you benefit from the social order upheld by common laws 2. If you benefit from the social order upheld by common laws, then you (tacitly) contract to be bound by those laws. 3. If you contract to be bound by those common laws, then you are obligated to obey those laws, and those who dictate and enforce the common laws thereby have the authority to do so. 4. Therefore you contract to be bound by our common laws (1,2) 5. Therefore you are obligated to obey the common law and those who dictate and enforce laws have the authority to do so (3,4) What kind? Classical Liberalism: A government is just if and only if it enforces those rules of conduct to which its citizens have contracted (consented), to protect themselves and their property from harm, to be enforced—rules that are consisted with Natural Law (i.e. morality). A right to liberty To be compensated when ur harmed To have wrongdoers punished Government is a protector, not a provider. To what extent? Proper government upholds only the rules citizens contracted to uphold the natural rights 1. The laws will be publicized and every single citizen is subject to that law 2. They are designed for no reason but the good of the people 3. They must not raise taxes without consent 4. Legislative powers may not transfer their power to anyone else Problems: 1. Tacit consent All laws? Bind at all? 2. Do you enter the contract freely? Do you understand it at the time you sign it?? 3. What is the proper extent of gov? Protector not provider “Peace, safety, and public good of the people.” o Slowly opening the door to more powerful gov 4. Are there property rights? 1. If there are property rights, then there is a correct account of the origin of property rights 2. There is no correct account of the origin 3. There are no property rights Someone S has a property right to x if and only if o Someone who had a right to x freely sold or gave x to S or o S constructed x from objects to which no one else had property rights
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