DOC 2 Midterm Study Guide.docx
DOC 2 Midterm Study Guide.docx

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University of California - San Diego
Dimensions of Culture
Robert Horwitz

Dimensions of Culture 2 – Justice Professor Robert Horwitz Study Guide for Midterm Introduction: Concept of Justice - Injustice: Falsely accused of some things that people haven't done simply because of the way people were born (the ideas of “outsiders” of a group) - Due Process of the 14th Amendment - Justice and fairness can be used interchangeably - Substantive Justice  What is done in practice  The actual thing that you earn, things that you deserve  Based on fundamental beliefs of what is fair and who is to be treated as a human being - Procedural Justice  What’s written in law  Legal procedures to appeal and make one's case  It's the due process of law  Included in the Constitution. For example: right to be notified to an action against you, right to a fair trial, right to appeal etc. - Rule of justice can only be applied to beings that are alike according to ethical likeness  Justice claims equality that everybody is ethical alike and should be treated the same way  But in reality, one's race, gender, and class determines if he/she is included in the legal community - Equal Protection guaranteed by 14th Amendment - Justice: Getting what you deserve, reflects as a collective body of the political community Social Contract: - A fundamental agreement/contract to leave the state of nature in the creation of a political system - It means: Individuals matters (who counts), limitation on government power - Expansion of who gets to count (of who is ethical alike)  People who fall outside of circle of justice: Excluded groups of class, gender and race, extremists like communists and atheists  Law is how a political system is structured Liberalism: Limitation of power of government on violating individuals freedom Isaiah Berlin: talks about two kinds of liberty - Negative Liberty: Freedom from  Freedom of the individual from constraints of the government  Parallel to Procedural justice - Positive Liberty: Freedom for  The ability of individuals to define themselves of their intension for their lives  Parallel to Substantive justice Natural Law - People use natural law to justify their action to make it seem compelling and universal - Might make right. Athenians don't need to conform with Malians’ view of justice because they are more powerful and it's the "Natural Law" - Natural Law dictates the way we act because it's in accordance of our nature - Appeal to natural law that cover all instances, to make our argument universal - Appeal of the colonists to the natural law to justify their revolution against England - Natural law: Blacks and women are inferior St. Thomas Aquinas - A guy who made an argument that god is the author of nature - Against original sin Equality/Liberty: - Tension between equality and liberty - Liberals fall on equality side - Conservatives fall on liberty side Retribution: Justice as retribution - Old Testament - Eye for eye, tooth for tooth - Fair/Equal Measure of Punishment  Punishment has to match the crime Rehabilitation - New Testament - About forgiving: God determines what is just/unjust - Implicit appeal to your aggressor. In forgiving, show what is just and proper mode of behavior - Job's story:  Satan challenge God to test Job  We don't know God's plan. Only God knows what is our fate Contingent/Transcendent - Transcendent: A universal argument - Three ways of making a transcendent argument: Appeal to God/Natural Law/Reason(Human's view of justice) - Melian: Might makes right, Violation of Natural law causes bad things to happen - Nature compels that we act in a certain way - Or else it's just your own preference - Example of Transcendent argument: Athenians appealed to nature that it's the natural law that tells them that they should conquer the weak Jim Crow - Sit-ins, demonstrations against the Jim Crow Law - MLK: Obliged to violate the law, there are just/unjust laws. Obligations to disobey unjust laws  An unjust law is a human law that is not rooted in eternal law and natural law.  Arguing clergymen are supporting order over justice  Human dignity: We are all creatures of God. Treating people differently based on their skin colors is a violation of that is a violation of God's law/the moral law - All laws that violate human dignity is unjust Whenever human laws violate God's law must be disobeyed in a civil manner(non-  violence) (Think Matthew) Moral coercion  Law is related to, but is not the same as justice  Laws can be tool of powerful group that embed their own powers then call it law/just  Idea of America as God's emissary of freedom  Embodying freedom  Going back to Jonathan Edwards  America has to realize its purpose of its creation by God: to give all freedom and human dignity Great Chain of Being - Measure how much spirits there are in every entity - More spirit you have, the higher you are in the great chain - Orders of those things guarantees the social order - It’s based on strict hierarchy that bad things happen when there is an unbalance Divine Right of Kings - Kings are chosen by God and the laws they make are God's will - No consent from the community During the Enlightenment period:  Escaping from God and focuses about human reason  Moving away from religion and divine right of kings  Human ideas are what matters, they have the capacity to reason  Reason stands against religious revelation as the source of knowledge  Trying to figure out How do we establish a political institution that doesn't rely on God's law  God guarantees social order by saying this is God's will and there is a great chain of being if one disrupts it causes problems  Understanding of how to achieve social order Rationalism - Distancing from original sin (people are naturally brutal, evil and war-like) - We can fix things through human reason Thomas Hobbes - Life as being nasty and short because state of nature is one where one works for their self interests and violence is the result if humans are left by themselves - His book Leviathan suggests a model of a dictator to rule the country, that fear of the monarch that keeps the social order, model of a dictator that rules the country - To guarantee social order we give up our freedom - Absolute monarchy/order vs. Chaos because self-interest Related Reading: John Locke, The Second Treatise of Government John Locke's Theory - John Locke’s argument moves away from God and monarchy, based on human reason and Natural Law - State of Nature is the state of freedom/equality/abundance/independence  God leaves the world to the Common for us to be industrious, individuals transform nature through labor - His labor theory of value: By working on nature, we improve nature and that becomes their own properties   The fruit of labor only belongs to one who works  Labor is what adds value to the Common Desire to protect property, that's when people start leaving the state of nature, give up  their freedom, and enter into social contract and make laws/body politics/government agencies that bind ourselves is what keeps the social order - Authority sets on law but not on people. You can't submit to laws that majority of people don't submit to - Creates a legitimate government through the use of reason, creates an entity larger than ourselves - Government can only go so far in intervening individuals' lives (liberalist ideal – limited government) because we only give up part of our freedom. Power must be checked and balanced. - Just derives from the consent of the people - To counter the religious argument of original sin - If there are transgression, people in the state of nature have the right to punish the wrongdoers, but part of the problem with the state of nature: Self-love  Victim can't be the judge in the prosecution because self-love will get into the way - All men are in the state of nature until they agree to leave it, that's the social contract  Social contract limits our freedom and ends up being laws and government Enclosure Acts: - Enclosure Acts: Allows the nobles to enclose common lands in England - When one encloses land he/she makes it more productive - Begins the creation of property rights Adam Smith - Writes about capitalism - Same concept: Labor adds value to nature and to the "nation" - Associated with Laissez-Faire Alienate - Take a piece of the common to detach it - Locke: it's okay when you improve it Spoilage - Limit of property/appropriation of the common - It is the act of diminishing the resources for everybody else when you take so much that you can't use it - Gold/Silver/Money doesn't spoil changes the way we trade so we can have as much as we can because God gives nature to the industrious - Inequality of the productive raises the wealth of the whole Restraint and Reparation: - Restraint from committing crime again by appropriate punishment - Reparation for the party that has done wrong Related Reading: James Boyld White In the Declaration of Independence: - Universal audience that is addressed here - Appeal to Natural Law - In fact, equality that the Declaration of Independence addresses is only to white Christian men with property - Declaration of Independence: Moves from gentlemen tone to rebellious In the Constitution: - The American social contract  About how we understand ourselves as a political identity - Created a stronger central government than the period of Article of Confederation - Universal Appeal of men of good will - Justifies the revolt of the British Crown - About who can do what in the government - Structure of the power/social contract: Limit of the legislature, who can levy tax, etc. - Establishment of a Republican government: Separation of power, checks and balances - Balance doesn't come initially. Key institution is the legislature when the colonists were fighting England - Articles of Confederation has no binding of legislative power(the legislative branch has too much power between the time Articles of Confederation and the signing of Constitution), simply binds the states together - Bill of Rights represent the will of Anti-Federalists  Democratic of power of government  Everybody should have the right to pursue happiness and state laws should not intervene Related Reading: Federalist Paper No. 10 and No. 78 Federalists: - Arguing a new social contract that legislature needs to be checked - Elevation to the judiciary - Ideas of checks and balances of power Anti-federalists: - Strong states power and no central authority - Protection of property - Reminds the people that our rebellion against England is to against unaccountable sovereignty, against monarchy, strong central authority Result of the debate between Federalists and Anti-Federalists: Model of the Constitution: Anti-monarchy, decentralized central government, weak bond of states/federation, Strong legislative power Related Reading: Federalist Paper No. 10 Faction - Definition: Interest groups who act according to their interest - Factions Fight for government to rule in their favor - Another way to talk about class - Danger of faction: Factions push the government to serve their short term interests(against the long-term goal of the government) - Madison: Factions compete for power, slows down the process of legislature, safer form of democracy - Basis of interest groups: People who share a common interest on money and property  Formed because of unequal access of property Ambition - Men of ambition start to occupy the legislature to get power - Men who want representation to get things they want - States began to pass laws that are too democratic and neglected the good of the whole Natural Aristocracy - People who naturally raise to the top, people who have bigger brains, the merchants - They are getting crowded out because of too much democracy in the state legislature Cultivated Gentlemen - Mainly talking about the federalists - Men that are not given title by the King Democracy: Direct/ Representative - Madison: Against direct democracy in which anybody can mobilize othe
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