Phil 190R – Fall 09 Quiz #2 - Questions on Rawls, Part I
Unless otherwise noted, answer T or F.
1. In Rawls’ A Theory of Justice (TOJ) rights trump happiness (understood as want satisfaction).
2. Most of TOJ is devoted to strict compliance theory as opposed to partial compliance theory.
3. The Original Position is comparable to the State of
(a) Both are hypothetical contracts understood as made outside of any existing state.
(b) People agreeing to the contract are assumed to be motivated by self-interest alone.
(c) The parties in both are under a veil of ignorance.
(d) The parties in both are assumed to be morally equal.
(e) The outcome of the two types of contracts (a legitimate state in Hobbes, Locke and Rousseau; the principles of justice in Rawls) is thought to be universally agreed upon.
(f) In neither of the two types of theories is agreement based on utilitarian moral theory.
4. As Rawls uses the term “intuitionism” – which he thinks characterizes the morality of most people as well as some philosophers – he means the theory that at the most fundamental level there are two or more basic moral principles, but there is no rule or principle for determining which basic principle takes priority in cases of conflict.
5. So defined, Rawls’ TOJ is a version of intuitionism.
6. Throughout TOJ Rawls focuses on social institutions rather than relations among individuals. One reason he does this is because institutions profoundly affect who we are and how we think about ourselves.
7. Rawls’ first principle of justsice is that everone is guaranteed the right to equal basic liberties. Which of the following would be among the basic liberties.
(a) freedom of religion and moral beliefs
(b) freedom to choose one’s marital partner, friends and career path
(c) the right to a fair trial when accused of a crime
(d) the right to do whatever one wants with one’s property
(e) freedom to express one’s beliefs in a public forum
(f) freedom to tell lies in a public forum
(g) freedom to own (some part of the) means of production
(h) freedom to accumulate as much wealth as one wants, as long as legal means are used
8. Basic liberties are inalienable.
9. Rawls’ argument for the basic liberties is that they are essential social conditions for the exercise of our capacity to be rational and just.
10. A state that made K-12 education mandatory would be in violation of Rawls’ basic liberties principle.
11. It is a requirement of justice that everyone be equally entitled to the same basic liberties but it is not a requirement of justice that the basic liberties be of equal worth to each person.
12. The one exception to 11 above is the political liberties.
13. In a well-ordered democracy, majority will can justifiably impose restrictions on the basic liberties for the sake of greater prosperity.
14. By the “priority of liberty” Rawls means:
(a) Basic liberties are more important than prosperity.
(b) Basic liberties are so important they must be without any restrictions.
(c) None of the basic liberties can be sacrificed (in a well-ordered society) for the sake of gains called for by the second principle of justice.
(d) Absence of coercion is of greater value than satisfaction of wants or preferences.
15. Rawls maintains that the basic liberties principle can be effectively realized in a state that does not necessarily have high levels of income and wealth.
16. The basic liberties can be justifiably restricted when their exercise offends some people’s moral concerns, such as limiting the right of Nazi party members to hold a public parade because it offends Jews and others.
17. For Rawls, a just society would not allow a person to sell their right to vote in exchange for an increase in the social minimum. The most important reason for this is:
(a) it would corrupt the political process.
(b) some persons would be likely to sell their vote too cheaply.
(c) it is inconsistent with the value of self-respect.
(d) voting is mandatory in a just state.
18. Rawls defines liberty negatively as the absence of deliberate coercion and constraint. It is useful here to distinguish two different kinds of coercion based on its source: state coercion or state-sanctioned coercion as opposed to coercion from a private source such as a spouse or employer. Call the former societal coercion. It is obviously the type of coercion and constraint that matters most from the standpoint of social justice. Which of the following would be instances of societal coercion and therefore, restrict a person’s social liberty.
(a) Jones, an avowed atheist, is prevented from attending church service by the presiding cleric because he is an atheist. Jones sues the church in court for the right to attend church services but loses his suit.
(b) The state imposes a tax on the general citizenry to support all
churches that are on an official state list, including those of the christian, jewish
and moslem faiths.
(c) State law protects the right of workers to organize a labor union at their place of work by gathering the signatures of the workers in the plant, a majority of whom want a union. Garcia, an employee at the plant, attempts to gather signatures in hopes of forming a union. He is fired by management for doing so. He sues to get his job back but loses the suit.
(d) The Prescots home-school their own children. State law permits home-schooling but the children are required to pass a state exam every two years that would show they are learing at an appropriate rate for their age. The Prescots refuse to let their children take the exam on the grounds that some of the questions are objectionable. Does the mandatory exam restrict their societal liberty?
19. Given Rawls’ basic liberties principle, which, if any, of (a)-(d) above in item 18 would be unjustified restrictions on social liberty?
20. For Rawls, having the basic liberty to do X is one thing, the worth of that liberty to the agent is quite another. Who among the following pairs of persons in
the
(a)
(b)
(c) Right to a fair trial for a person accused of the crime of assault: an affluent middle-class white male or an african-american in the low-income bracket.
(d)
21. Rawls: Justice as fairness does not require that all of the basic liberties be of equal worth to all persons (the political liberties excepted).
22. Rawls: The difference principle helps to equalize somewhat the relative value of the basic liberties to all persons.