PHI 2630 Exam Review Spring 2013 Liberty What is paternalism A policy of practice of treating or governing people in a fatherly manner especially by providing for their needs without giving those rights and responsibilities What are some examples of paternalistic laws Laws that restrict a person s freedom for his her own good Promote morals health safety economic well being What are the three categories of paternalistic laws we discussed in class Be able to give examples of each type Promoting Morality Sexual behavior Divorce Pornography Promoting Health Safety Drug Use Seatbelts Vaccinations Promoting economic welfare Minimum wage Medicare social security What is conservatism Liberalism Be able to identify justifications for paternalistic laws from each of these viewpoints Conservatism Ideology that expresses a preference for institutions or practices that have been here for a history Does not support change Change should be gradual Justifications guide people Character Plato Aristotle Good society requires virtuous people Paternalistic laws Tradeoffs Burke Believes sometimes other values such as happiness peace dignity take precedence over liberty Tradition Burke Tradition is the product of reasoned choices Tradition is best guide to making choices that conform to our nature Respect for tradition engenders virtues dignity gravity humility needed for making choices Liberalism Value liberty Justice exploitation Coercion Do you have a choice Incompetence Are you able to choose Ignorance Do you know enough to choose Concern Are you being used Aristotle According to Aristotle how do we become virtuous people We become virtuous people by doing the right thing for the right reason What role does the law play in making people virtuous The law guides people to becoming virtuous people by molding children into good adults Most people obey necessity rather than argument and punishments rather than the sense of what is noble Laws train people for virtue In what way does Aristotle s view support the acceptance of paternalistic laws The laws promote goods and morals and requires individuals to practice these laws In doing so people are doing the right thing Good society requires virtuous people Requires formation of good habits Requires paternalistic laws to guide people Laws created not just for adults but to mold children into responsible adults Mill What are the three conditions of agency 1 coercion Do you have a choice 2 incompetence Are you able to choose 3 ignorance Do you have enough to choose What is the harm principle The only purpose for which power can be rightly exercised over any member of a civilized community against his will is to prevent harm to others In what way is the harm principle restricted To whom doesn t it apply What is the difference between a self regarding and an other regarding action Self regarding action is an action that only involves oneself An other regarding action is if it also affects others only with their free voluntary and undeceived consent and participation What is Mill s criterion for determining whether an action affects others enough to count as other regarding When a person is led to violate a distinct and assignable obligation to any other person or persons Ex Cop drinking on the job man unable to pay debts directs family he is supporting According to Mill why is it permissible to outlaw voluntary slavery By selling as a slave abdicates his liberty forgoes any future use of it beyond that single act no longer free principle of freedom cannot require that he should be free not to be free NOT FREEDOM to be allowed to alienate his freedom Drug Legalization Freidman Friedman claims that the drug war undermines human liberty and individual freedom what are the consequences of the drug war that Friedman thinks undermine human liberty and freedom By limiting people from experimenting with drugs we are limiting the choices and information that everyone should have People should have the option of wanting to live their own lives No amount is safe They do not tell us amount that is safe or unsafe Drug users are agents and do not threaten the right so of others more police more jails use of military in foreign countries harsh penalties for drug users and a whole lot of repressive measures the drug war cannot be won by those tactics alone without undermining liberty and freedom Friedman draws a connection between the war on drugs and violent crime including narco terror how would the legalization of drugs reduce crime and improve law enforcement More respect for government less likely to disrespect other laws Corruption of officers would not occur Injustice in society tyranny of the majority Racial profiling Imprisoned African Americans Would be gone Illegality creates obscene profits that finance murderous tactics of drug lords Illegality leads to the corruption of law enforcement officials Illegality monopolizes the efforts of honest law forces thus starved for resources to fight simple crimes of robbery theft and assault Bennett Why does Bennett reject the claim that drug use is self regarding How are non users harmed by the use of others Other people are harmed Associates of users family friends co workers customers as well as the victims of the users victims of accidents violence and crimes Other people in society have to pay for raised healthcare insurance costs When you buy crack or whatever you re supporting the other businesses drug dealers have What reasons does Bennett give to support his claim that legalizing drugs would increase harms to non users Turn into potential addicts easier because they would find drugs more accessible and legally condoned Where drugs are cheaper and easily obtained use and addiction skyrockets Bennett argues that criminal sanctions against drug use decrease the harms that drug users do to themselves How would users be further harmed if drugs were legalized Most addicts don t suddenly decide to get help remain addicts because treatment isn t available or they don t seek it out user don t enter treatment till forced usually by criminal justice system Bennett s argument focuses on the affects of drug legalization on human character how is argument Aristotelian Addicts were or already involved in crime before starting Addicts who have had treatment continue to commit crimes during recovery Aristotelian people s moral virtues are not just products of reason but of habit Nadelmann What three reasons does Nadelmann give to
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