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PHIL 2103 October 1, 2013.docx
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Department
Philosophy
Course
PHIL 2103
Professor
Jay Drydyk
Semester
Fall

Description
John Locke • Three so far: • Utilitarian • Libertarian • Basic rights Social Contract Laws: • Why talk about social contracts? • What was John Locke’s argument? • What was Locke’s “Law of Nature”? • What justifies it? • What human rights will it justify? • 20th-century social contract theory of justice: John Rawls Social Contract Arguments: • Why talk about social contracts? • What was John Locke’s argument? • What was Locke’s “Law of Nature”? • What justifies it? • What human rights will it justify? • 20th-century social contract theory of justice: John Rawls Why Talk about Social Contracts? • Legitimacy of social arrangements • Alternative to divine right of Kings • Legitimacy by consent • Problems • No actual history? • No actual consent? Why talk about social contracts? • Solution: to leave state of nature… • What would free, equal & rational people consent to? • No other arrangement would be more free, equal, or rational • Legitimacy based on freedom, equality, and rationality (not divine right) Social Contract pattern of argument • Assumptions about individuals • Assumptions about rationality • Sub-conclusion • What social arrangements those individuals would consent to • Final conclusion • Those arrangements are legitimate/just Individuals are: • Free • Equal • In actual power? • In moral worth? • Rational • Self-seeking? • Moral? • Fair? Rationality • Choosing what is best for oneself •Hobbes, egoists •Choosing what is best for oneself, consistent with Moral Law •Locke •Choosing what is best for oneself, but doing so fairly •John Rawls Social Contract Arguments: •Why talk about social contracts? •What was Locke’s argument? •What was Locke’s “Law of Nature”? •What justifies it? •What human rights will it justify? •20th-century social contract theory of justice: John Rawls Individuals: All are •Free independent •Equal not made by God to be subordinate to others •Rational … Locke's Rationality: •Choosing what is best for oneself … •Consistent with Law of Nature •not harming others •life •liberty •property •“preserving” others Locke's Conclusions •The social arrangements that free, equal & rational people would accept include: o Law (expressing Law of Nature) o Impartial judiciary o Law enforcement o Representative government o Property freedom •How could any government emerge without these features? o No consent o Consent w/o freedom or equality o Absence of rationality •Therefore these are required in any legitimate government. o Any other is less free/equal/rational Social Contract Arguments: •Why talk about social contracts? •What was John Locke’s argument? •What was Locke’s “Law of Nature”? •What justifies it? •What human rights will it justify? •20th-century social contract theory of justice: John Rawls Crucial premise, law of nature: •Other views of rationality lead to other contracts •Hobbes •Rawls •What justifies it? o Paragraph o Two arguments •“The state of nature … not one another’s pleasure …” •“and being furnished … goods of another.” Locke's first argument for law of nature •… all being equal and independent, no one ought to harm another in his life, health, liberty, or possessions: for men being all the workmanship of one omnipotent, and infinitely wise maker; … they are his property, whose workmanship they are, to last during his, not one another’s pleasure: Locke's first argument: 1. All men are eq
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