1
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- Rawls reflective equilibrium
- The veto feature and rights
- Right to equality
- Concern and respect in design of society
- Concern essentially Utilitarian
- Interests of mine v interest in me
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2
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- Importance of self-respect
- Social respect as agent
- Concepts, judgment, plans, self-control
- Authority on one’s own interests
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3
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- Explain Dworkin’s distinction between principle and rule in
adjudication. (Look back at Model of Rules I and II).
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4
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- Metaphor of a card game with trumps
- 2 of trump beats a king
- An individual’s rights can trump social goals
- Democracy is a form of equal concern and respect
- Gives equal weight to everyone’s desires and goals
- Gives respect to each person as qualified to choose a way of life a=
nd
political actions that sustain it
- Needs some trumps for minority rights (later)
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5
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- Not by intelligence or accuracy
- Majoritarian fallacy
- Right to choose but do not necessarily choose rightly
- Churchill quip: only better than all the others
- We still have a right to a democracy
- May be blind wisdom of the masses
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6
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- Only of educated/privileged/landed
- Conception of social interest and sharing that interest
- William Buckley requirement on voting
- Only need your conception of the good life
- ability to assess who might best promote that
- The rest done by the voting mechanism
- Individual decision inputs to social decision procedure
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7
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- Double voting
- What justifies respect for education/law as professions?
- The legislature balances interests
- Of persons or economic structures
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8
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- Distinction of external and personal preferences
- Personal preferences: that I can live this way of life
- External preferences: promote my way of life
- Make it so that others live like I want to
- Offends me that they don’t
- Undermine the basis of self respect when minority conception of good
life
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9
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- Outvoted in balance of personal interests
- Majority promotes their way of life in policy
- Makes it possible or prevents alternatives?
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10
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- Counted in the democratic mechanism
- No easy way to filter out
- Not only get to live that way but to prevent living in alternative =
ways
- Religious belief the classic example
- Increase the votes in favor of that way
- Also homosexual marriage
- Access to information/pornography/art etc
- Democracy needs an institutional structure that filters out external
preferences
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11
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- Dworkin’s theory of competence
- Judiciary v legislature
- Legislature should make policy decisions
- Distribution, investment, building, schools, funding, taxes etc.<=
/li>
- Judiciary should confine itself to principle
- Not commerce and results
- Limits on pursuit of majority policy
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12
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- Judicial activism and history of "self-restraint" doctrine=
- Shouldn't make laws
- But should make decisions on principle
- External-personal preferences a related guide
- Judiciary should be active in protecting individual liberty
- Not in stopping welfare legislation
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13
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- Dividing up the questions to be answered by different branches of
government
- Which institution suited to that kind of decision
- Now, what legislative standards follow from the analysis?
- What laws should legislators make?
- Focus on one negative claim
- Should not legislate “morality"
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