Political Science-II Political Obligations and Issues of Fair Play: A Critical Analysis Submitted By: Abhishek Choudhary (2034) Table of Contents Introduction Modern theories in the pursuit of explaining the provenance of political obligations tend to display a warranted skepticism of traditional consent theories. Twentieth century political philosophers expended much of their energy in drawing attention to the utter absurdity of such theories by attacking the idea that citizens in nation-states undertake obligations as a result of deliberate consensual acts, a premise not very hard to disprove. This lack of coherence provided by traditional theories on political obligations have compelled theorists …show more content…
SOURCES OF DATA The paper has used primary sources such as original versions of treatises by political thinkers, as well as secondary sources like articles and books written as explanations of original theories. NATURE OF PROJECT The author has utilized both descriptive and analytical instruments in the course of the paper. The examination of normative theories occurs in a descriptive fashion at the beginning of each chapter, but the author endorses these with analysis thereafter. MODE OF CITATION The NLS Guide to Uniform Legal Citation has been followed. HLA Hart AND the Genesis of the principle of fair play “ Although earlier Greek and Latin philosophers, in the tradition of Socrates, appealed to something resembling the principle of fair play, the classic formulation of the principle is the one H. L. A. Hart gave it in his seminal paper “Are There Any Natural Rights?”.3”He formulated the concept thus: “A third important source of special rights and obligations which we recognize in many spheres of life is what may be termed mutuality of restrictions, and I think political obligation is intelligible only if we see what precisely this is and how it differs from the other right-creating transactions (consent, promising) to which philosophers have assimilated it.” In another section, Hart goes on to explain the "special
Fair does not always mean equal. Fair and equal are not the same this can be illustrated in the similarities and differences between Harrison Bergeron by Kurt Vonnegut and Martin Luther King Jr's “I Have a Dream speech.”
Consent is defined by NHS Choices (2010) as: "the principle that a person must give
Shelby objects to the violation of reciprocity argument by asserting that such obligations only arise when the social structure is just. Furthermore, he asserts that civic obligations must be adhered to even in an unjust society, provided that the society does not exceed the limits
According to sense two, legal or institutional effectiveness takes precedence. In other words, a subject’s consent is limited to the scope of the rules of the institution. Faden and Beauchamp illustrate that even if a patient autonomously gives her consent, it does not follow that effective consent is given if the requirements of the institution are not met. Consequently, the authors propose that sense one and sense two should both contribute in defining informed consent. Using Jay Katz’s argument, Faden and Beauchamp argue that sense two should satisfy sense one for there to be some type of balance between the two.
Consent can be delivered in a numerous amounts of ways. It can be provided verbally, in script, or implied by behaviour or actions(Ruth Townsend, 2014).
To understand political power aright, and derive it from its original, we must consider what estate all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons as they think fit, within the bounds of the law of Nature, without asking leave or depending upon the will of any other man (...)
What is principle of justice in acquisition? Our book gives us an analogy concerning basketball player, Wilt Chamberlain that was used by Nozick. The idea
Kennan breaks moral responsibility down to two entities: government and individual. He argues, “Government is an agent, not a principal. Its primary obligation is to the interests of the national society it represents, not to the moral impulses that individual elements of that society may experience” (Kennan, 34). Kennan also argues that morality is only conceptually possible
Williams, Bernard, 1973. ‘Integrity,’ in J.J.C. Smart and Bernard Williams, Utilitarianism: For and Against New York: Cambridge, 108–117.
Moreover Devlin asserts that moral legislation is crucial to maintain a social bond. He maintains that society has a right to protect its own existence by barring behavior that threatens that existence. This is distinctly divergent from Mill's perceptions on paternalism.
In this essay I will assess and evaluate Mill’s concept of justice through the principles of utility. I will argue to defend Mill’s attempt to reconcile justice with the utilitarian principles he has explained by first summarizing these concepts and by proving utility.
One of the main reasons why human rights have been put in place is to protect the public life and public space of every individual being. One fundamental characteristic of human rights is that they are equal rights; they are aimed at providing protection to every person in an equal way. These rights have been entrenched through laws that are passed by states and international conventions. Human rights laws have evolved over time, and have been shaped by several factors, including philosophical theories in the past. This paper looks at the theories of two philosophers, Emmanuel Kant and John Stuart Mills, and how their teachings can be used to explain the sources of human rights. Kant’s moral philosophy is very direct in its
Dicey AV, Introduction to the Study of the Law of the Constitution, (10th edn, 1959)
There are three main terms I will be referencing in this paper. The first is consequentialism. Consequentialism is, at heart, a framework