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  • Unit 2: Rights, the State, and the Free Market

    So far, we have predominantly considered theories of just action that base their criteria for justice on an action's consequences. Utilitarianism, as we have seen, provides a convincing justification for many of our moral intuitions, but even its more refined versions, such as the theory advanced by John Stuart Mill, start to seem unsatisfying once we realize that they reduce moral decisions to detached, rational calculations. If we want a completely adequate theory of just action, we may need to consider an alternative approach to justice and morality. Consequently, this course will continue to examine some other approaches to ethical questions which are not grounded in the consequences of an action. One such approach is represented by libertarianism, which argues that morality and justice are rooted in the natural rights of individual human beings. Consequences matter, of course, but they are always secondary to considerations of natural rights.

    Libertarianism centers on the relationship between individual freedom and the laws of the state. In this unit, we will look at arguments on both sides of this question. Plato, in the dialogue known as the Crito, gives arguments that claim the individual does not have a right to defy his or her government. In contrast, contemporary proponents of libertarianism like Milton Friedman and Robert Nozick uphold individual rights and liberties. John Locke argues that the contract we have with our government can always be rescinded. Locke’s arguments have been influential in the shaping of modern western democracies, in general, and the United States in particular.

    Completing this unit should take you approximately 15 hours.

    • Upon successful completion of this unit, you will be able to:

      • define the concepts of citizenship and civil government as described by Plato;
      • explain the libertarian perspective on property rights and wealth as described by Robert Nozick;
      • explain the connection between property and labor described by John Locke;
      • apply theories of freedom and distribution of wealth to specific situations; and
      • compare and contrast theories of distributive justice and economic principles among the philosophers Plato, John Locke, Robert Nozick, and Milton Friedman.


    • 2.1: Individual and the State: Plato's Crito

      • Watch this lecture, which gives a background for the social and political theory given by Plato in the dialogue between Socrates and Crito. Socrates explains to Crito why he feels that he must remain in prison and carry out the death sentence of the court of Athens. Crito hopes that Socrates will simply leave Athens and go to live in another Greek city-state like Sparta. Socrates feels this would be wrong; above all, Socrates respects the law (the government and the courts of Athens). To disobey the law is wrong, even if he feels the death sentence they gave him is unfair.

      • Read this description of Plato's theory of the forms. What does Plato mean by "forms"?; How does this relate to justice? What does the ideal state have to do with justice?

      • Read this summary of Plato's Republic. Pay particular attention to the summary of Books 6,7, and 8; the Theory of Universals; to the definition of justice; and to the Ideal City. What are the four types of government which Plato rejects, and why does he reject them?

      • Read Book V through Book VIII from this edition of Plato's Republic. For this and the following reading, pay attention to how both the translator of Republic and Mr. Kemerling treat the following concepts: justice, ideal forms, and the ideal city. Notice also the concept of the Ideal Form of the Good. What would a perfect city look like? Is this part of understanding justice and right in our own world?

      • In this reading Kemerling discusses how moral decision making is often concerned with issues of self-interest and justice. The ring of Gyges is used as a thought device to show the temptation to do what is in one's self interest when no negative consequences will occur. Then Socrates describes an ideal society in which citizens are given specific roles, in hopes that this will enable each individual to fulfill their proper function without self-interest and temptation.

      • In this reading the ideal society of The Republic is discussed in more detail. The role of women in the ideal society is changed, in exchange for giving up raising of their own children the women are given equal status. The role of the philosopher kings and queens is described, noting that those who rule in The Republic do not own private property so as to limit their tempation. Then the Allegory of the Cave is described, noting that the realm of the senses (inside the cave) is often misleading, and that the significant values and concepts of ethics reside in the realm of the intelligible (outside the cave.)

    • 2.2: Libertarianism as an Alternative Approach to the Question of Rights

      • Adam Smith notes the foundation of economic and business relationships, and describes how division of labor benefits the economy. Supply and demand create an economy that allows good products to succeed through the "invisible hand" of consumer choice and social benefits.

      • Read Chapter II of Book IV: "Of Restraints Upon Importation from Foreign Countries of Such Goods as Can Be Produced At Home," from Adam Smith's "An Inquiry into the Nature and Causes of the Wealth of Nations". In this chapter, Smith describes his concept of "The Invisible Hand". His economic theory focuses on "laissez-faire" economics, the free market, self-interest, and competition in which the best quality goods are the ones that will be successfully sold. This creates an "invisible hand" that, according to his theory, keeps the economy healthy and benefits everyone.

      • Read this article, which provides an overview of Milton Friedman's life, his economic theory, and his political positions.

      • Read this article, which also shows the relation between Milton Friedman's economic theories and broader ethical matters.

      • In this video, a variety of examples of taxation are discussed. The potential for taxation to lead to a variety of social problems (for example, taxation of molasses leading to smuggling and other illegal activities, at specific times in history) are discussed. Capitalism is contrasted with merchantilism, and the history of tariffs and government intervention in economics is discussed.

      • Robert Nozick offered philosophical arguments defending the same type of freedom Friedman advocates. Notice that he is critical of utilitarianism.

      • Anarchy, State, and Utopia, Nozick's most influential work, offers his suggestion of the best type of government. List the ways Nozick's ideal government would differ from Plato's.

    • 2.3: John Locke and Fundamental Individual Rights

      • In this video, the personal rights discussed in Locke's Second Treatise of Government are described. People have the right to life, liberty, and property but they do not have the right to destroy other's property or to destroy themself by taking their own life. Locke refers to the Law of Nature and Law of Reason.

      • As you read, consider the European movement laid the groundwork for the ideals of American governments. From where did John Locke think governments derive their authority to rule?

      • Read this overview of Locke's political theory. What is the role of government with regards to property?

      • Read Chapters 1-5 of Locke's Second Treatise on Civil Government. How does Locke describe the state of nature in Chapter 2, Section 4? Look to Chapter 2, Section 6, for a discussion of limitations on the state of nature. In Chapter 5, Sections 26-30 attempt to answer how it is that Locke thinks we claim ownership of the goods of the earth.

      • In this video starting at 2:13, the government theory of Locke is discussed. For Locke, taxation is acceptable as long as it suits the greater aims of society, but the role of individual natural rights must be preserved.

      • Read Chapters 8-11 of Locke's Second Treatise on Civil Government. In Chapter 8, sections 95-99, how is it that Locke thinks a community or a government is formed? Why does Locke think human beings would agree to this in Chapter 9?

      • Read Chapters 18 and 19 of Locke's Second Treatise on Civil Government. In what ways does Locke explain that a government might be dissolved?

    • Unit 2 Discussion

      • Post and respond to the following topics on the course discussion board, and respond to other students' posts.

        1. One of the most controversial areas of government power in recent years is eminent domain law. In eminent domain cases, a family may find themselves without their home, because their local government decides it is needed for a new building project or oil pipeline. Given what you now know about Locke's theory of property, is this a legitimate power of the government? Why, or why not? Explain your response.
        2. Is the theory of property advanced by Locke the only possible theory of property? Consider how Locke's theory relates to Native American conceptions of man's relationship to the land. Is it possible that Locke's theory can be misused to justify inappropriate policies?
        3. A complicated area of international law involves intellectual property rights. Some argue that with the advent of the internet, material should be made more widely available and intellectual property should become an outdated concept. Do you agree or disagree, given the theories of property and labor in this unit?
    • Unit 2 Assessment

      • Take this assessment to see how well you understood this unit.

        • This assessment does not count towards your grade. It is just for practice!
        • You will see the correct answers when you submit your answers. Use this to help you study for the final exam!
        • You can take this assessment as many times as you want, whenever you want.