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187 Cards in this Set

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Social Contract Theory
The belief that people are free and equal by God-given right that this in turn requires that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the Declaration of Independence
Natural Law
A doctrine that society should be governed by certain ethical principles that are part of nature and as such can be understood by reason
Hobbes
Author of Leviathan argued that man’s natural state was war and that thus a monarchy was the best form of government
Direct Democracy
A system of government in which members of the polity meet to discuss all policy decisions and then abide by a majority rule
Indirect Democracy
A system of government that gives citizens that opportunity to vote for representatives who will work on their behalf.
Political Ideology
The cohort set of values and beliefs about the purpose and scope of government held by groups and individuals
Declaration of Independence
Declaration drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain
Virginia Plan
The first general plan for the Constitution proposed by James Madison. Its key points were a bicameral legislature, an electrode chosen by the legislature, and a judiciary also named by the legislature.
The Great Compromise
A decision made during the Constitutional Convention to give each state the same number of representatives in the Senate regardless of size, representation in the House was determined by population.
The “three-fifths” Compromise
Agreement reached at the Constitutional Convention stipulating that each slave was to be counted as three-fifths of a person for purposes of determining population for representation in the US House of Representatives.
Supremacy Clause
Portion of Article VI of the US Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed bu the states or by any other submission of government
Amendment Process
Process through which the constitution is changed. There are two methods of proposal, by two-thirds vote in house and senate or by national constitutional convention called by Congress at the request of two-thirds of the state legislatures (this method never has been used to propose an amendment) There are two methods of ratification the usual by legislatures in three-fourths of the states, and the second only used once by conventions in three-fourths of the states.
Separation of Powers
A way of dividing power among three branches of government in which members of the House of Representatives, members of the Senate, the presidents, and the federal courts are selected by and responsible to different constituencies
Checks and Balances: A governmental structure that gives each of three branches of government some degree of oversight and control over the actions of others
Necessary and Proper Clause
The final paragraph of Article I, section 8, of the US Constitution which gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution also called the elastic clause.
Federalist Papers
The series of eighty-five political papers written by John Jay, Alexander Hamilton and James Madison in support of ratification of the US constitution.
Bill of Rights
The first ten amendments to the Constitution.
Republican Government
The Founders read that republican government was one in which: The power of government is held by the people. The people give power to leaders they elect to represent them and serve their interests. The representatives are responsible for helping all the people in the country, not just a few people. More official term is direct democracy
Elite Theory
early all political power is held by a relatively small and wealthy group of people sharing similar values and interests and mostly coming from relatively similar privileged backgrounds
Pluralist Theory
The theoretical point of view held by many social scientists which holds that American politics is best understood through the generalization that power is relatively broadly (though unequally) distributed among many more or less organized interest groups in society that compete with one another to control public policy, with some groups tending to dominate in one or two issue areas or arenas of struggle while other groups and interests tend to dominate in other issue areas or arenas of struggle.
Political Ideology
The cohort set of values and beliefs about the purpose and scope of government held by groups and individuals
Public Opinion
Public consensus, as with respect to an issue or situation.
Declaration of Independence
Declaration drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain
Articles of Confederation: The compact among the thirteen original states that was the basis of their government. Written in 1776 the Articles were not ratified by all the states until 1781
Virginia Plan
The first general plan for the Constitution proposed by James Madison. Its key points were a bicameral legislature, an electrode chosen by the legislature, and a judiciary also named by the legislature.
The Great Compromise
A decision made during the Constitutional Convention to give each state the same number of representatives in the Senate regardless of size, representation in the House was determined by population.
Electoral College
A body of electors chosen to elect the President and Vice President of the United States.
The “three-fifths” Compromise
Agreement reached at the Constitutional Convention stipulating that each slave was to be counted as three-fifths of a person for purposes of determining population for representation in the US House of Representatives.
Amendment Process
Process through which the constitution is changed. There are two methods of proposal, by two-thirds vote in house and senate or by national constitutional convention called by Congress at the request of two-thirds of the state legislatures (this method never has been used to propose an amendment) There are two methods of ratification the usual by legislatures in three-fourths of the states, and the second only used once by conventions in three-fourths of the states.
Separation of Powers
A way of dividing power among three branches of government in which members of the House of Representatives, members of the Senate, the presidents, and the federal courts are selected by and responsible to different constituencies
Necessary and Proper Clause
The final paragraph of Article I, section 8, of the US Constitution which gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution also called the elastic clause.
"Take care that the laws be faithfully executed"
Presidential duty, not to execute laws but to see they are
Ratification of the Constitution
(1) submission of the Constitution to the Confederation Congress, (2) transmission of the Constitution by Congress to the state legislatures, (3) election of delegates to conventions in each state to consider the Constitution, and (4) ratification by the conventions of at least nine of the thirteen states.
Article III
establishes supreme court
Federalist Papers
The series of eighty-five political papers written by John Jay, Alexander Hamilton and James Madison in support of ratification of the US constitution.
Judicial Review
Judicial review refers to the power of American courts to determine whether the acts of all branches of government and government officials comply with the Constitution.
Bill of Rights
The first ten amendments to the Constitution.
Why no bill of rights in Constitution
The constitution itself provided for protection of citizen rights.
Opposition to Ratification of Constitution
Anti-federalists favored strong state governments and a weak national government and opposed the ratification of the constitution. They were small farmers, shopkeepers, laborers. They believed in the decency of the common man and in participatory democracy; viewed elites as corrupt, sought greater protection of individual rights. They wanted stronger state governments and published their response to the Federalist papers under the names Brutus and Cato.
Federal System
System of government where the national government and state governments derive all authority from the people.
Unitary System
System of government where the local and regional governments derive all authority from a strong national government.
Confederal System
The system under the Articles of Confederation was an example of a confederal government as was the Confederacy. Power rests in the local entities, like states, and the central or national government can only do what the confederal association allows it to. The basic assumption is the government closest to the people would be better fit to understand what needs to be done.
Enumerated Powers
Seventeen specific powers granted to Congress under Article I, section 8 of the US Constitution; theses powers include taxation, coinage of money, regulation of commerce and the authority t provide for a national defense.
Concurrent Powers
Authority possessed by both the state and national government that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law
McCulouch v. Maryland
(1819) The supreme court upheld the power of the national government and denied the right of a state to tax the bank. The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.
Gibbons v. Ogden
(1824)The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court’s broad interpretation of the Constitution’s commerce clause paved the way for later rulings upholding expansive federal powers.
Cooperative Federalism
The relationship between the national and the sate governments that began with the new deal.
Dual Federalism
A system of government where the states governed the people directly and the national government concerned itself with issues relating to foreign affairs
The New Deal
The New Deal is the name given to the series of programs implemented under President Franklin D. Roosevelt with the goal of stabilizing, reforming and stimulating the United States economy during the Great Depression.
Categorical Grants
Grants for which Congress appropriates funds for a specific purpose.
Block Grants: Broad grants with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services
New Federalism
refers to the transfer of certain powers from the United States federal government to the U.S. states. The primary objective of New Federalism is the restoration to the states of some of the autonomy and power which they lost to the federal government as a consequence of President Franklin Roosevelt's New Deal.
Unfunded Mandates
National laws that direct states of local governments ti comply with federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements
Full Faith and Credit
is mutual understanding between courts of the 50 states of the United States to recognize, honor and enforce one another's actions. The doctrine is rooted in the United States Constitution.

Section one of Article Four of the United States Constitution is known as the Full Faith and Credit Clause. It was primarily intended to provide for the continuity between states and enforcement across state lines of non-federal laws, civil claims and court rulings. Without this clause, enforcement of state-to-state extradition, portability of court orders, nationwide recognition of legal status, out-of-state taxation, spousal and child support, and the collection of fees and fines would all be impossible without separate federal action, or a similar action by the other states.
Prior Restraint
a legal term referring to a government's actions that prevent materials from being published.
Barron v. Baltimore
1833), was an important United States Supreme Court case. John Barron owned a profitable wharf in the Baltimore harbor. As Baltimore grew, sand accumulated in harbor making the waters shallower and restricting his business. He sued the city to recover a portion of his financial losses. The effect of the Court's decision in this case was that the freedoms guaranteed by the Bill of Rights, specifically the right against government taking property without compensation, are restrictions on the federal government alone, and that state governments are not necessarily bound by them.
Free Exercise Clause
is the second half of the Religion Clauses, which states in full:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
Establishment Clause
The first clause in the first amendment; it prohibits the national government from establishing a national religion.
Exclusionary Rule
Judicial created rule that prohibits police from using illegally seized evidence at trial.
Seditious Speech
Speech against government
Smith Act
of 1940 made it a criminal offense for anyone to "knowingly or wilfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing the Government of the United States or of any State by force or violence, or for anyone to organize any association which teaches, advises, or encourages such an overthrow, or for anyone to become a member of or to affiliate with any such association." It also required all non-citizen adult residents to register with the government; within four months, 4,741,971 aliens had registered under the Act's provisions.
New York Times v. Sullivan
(1964) the Supreme Court concluded that “actual malice” must be proved to support a finding of libel against a public figure.
Incorporation Doctrine
egal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. The Bill of Rights was incorporated by a series of United States Supreme Court decisions, mostly in the 1940's and 1950's.
Miranda v. Arizona
A landmark Supreme Court ruling that held the fifth ammendment require that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present
Gideon v. Wainwright
In the case, the Supreme Court unanimously ruled that state courts are required by the Sixth and Fourteenth Amendments to the Constitution to provide lawyers for defendants in criminal cases unable to afford their own attorneys.
Miller v. California
(1973) Court set out a test that redefined obscenity. Lower courts must ask “whether the work depicts or describes in a patently offensive way sexual conduct specifically defined by state law. Also was determined “whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Griswold v. Connecticut
(1965) Bill of rights cast penumbras (unstated liberties on the fringes or in the shadow of more explicitly stated rights) thereby creating zones of privacy, including a married couples right to plan a family. Right to contraceptive
Roe v. Wade: (1973) The supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th amendment.
14th amendment
Women Vote
Gritlow v. New York
(1925) Supreme Court notes that the states were not completely free to limit forms of political expression.
Bowers v. Harwick
(1986), was a United States Supreme Court decision that upheld the constitutionality of a Georgia sodomy law that criminalized oral and anal sex in private between consenting adults. Seventeen years later the Supreme Court directly overruled Bowers in the Lawrence v. Texas, 539 U.S. 558 (2003) decision and held that such laws are unconstitutional. (See judicial review.)
Texas v. Johnson
was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag in force in 48 of the 50 states
Mapp v. Ohio
All evidence obtained by searches and seizures in violation of the Constitution is inadmissible in state court
Furman v. Georgia
ecision that ruled on the requirement for a degree of consistency in the application of the death penalty. Jackson v. Georgia and Branch v. Texas, death sentences for rape, had the same result applied to them as part of a combined decision and ruling.
Schenck v. US
cision concerning whether the defendant possessed a First Amendment right to free speech against the draft during World War I. The defendant, Charles Schenck, a Socialist, had circulated a flyer to recently drafted men. Clear and present danger
Scott v. Sanford
* No Negroes, not even free Negroes, could ever become citizens of the United States. They were "beings of an inferior order" not included in the phrase "all men" in the Declaration of Independence nor afforded any rights by the Constitution.
* The exclusion of slavery from a U.S. territory in the Missouri Compromise was an unconstitutional deprivation of property (Negro slaves) without due process prohibited by the Fifth Amendment to the United States Constitution. This is the first appearance in American constitutional law of the concept of "substantive due process," as opposed to procedural due process.
* Dred Scott was not free, because Missouri law alone applied after he returned there.
White Primary
A method of electoral discrimination against African-American, Latino, and other minority voters widely used in the South until the U.S. Supreme Court intervened in the early 1940s. States and party organizations previously had great leeway to set their own rules regarding participation in primary elections which nominate party candidates. In the South which was overwhelmingly Democratic, victory in the primary was tantamount to winning the election. To preclude minority political participation, segregationist authorities imposed a variety of discriminatory rules on voters such as limiting voting in primary elections to whites only.
Grandfather Clause
Voting qualification provision in many southern states that allowed only those whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test
Brown v. Board of Education
(1954) US Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the 14th amendment’s guarentee of equal protection marked the end of legal segregation in US
Plessy v. Ferguson
: (1896) Plessy, 1/8 black tried to sit in a white’s only car and was removed. He argued ot was against discrimination. Supreme Court did not side with him separate but equal
Civil Rights Act of 1964
Legislation passed by Congress to outlaw segregation in public facilities and racial discrimination in employment, education and voting created the Equal Employment Opportunity Commission.
Voting Rights Act of 1965
utlawed the requirement that would-be voters in the United States take literacy tests to qualify to register to vote, and it provided for federal registration of voters in areas that had less than 50% of eligible voters registered.
Affirmative Action Policy
Designed to give special attention or compensatory treament to members of a previously disadvantaged group
Regents of the University of Ca v. Bakke
as a landmark decision of the Supreme Court of the United States on affirmative action. It bars quota systems in college admissions but affirms the constitutionality of programs giving advantage to minorities
Women’s rights convention
held in Seneca Falls, New York on July 19 to July 20, 1848, was the first women's rights convention held in the United States, and as a result is often called the birthplace of the feminist movement.

Different groups at different times have turned to founding documents of the United States to meet their needs and to declare their entitlement to the promises of the Revolution of 1776. At Seneca Falls, New York, in the summer of 1848, a group of American men and women met to discuss the legal limitations imposed on women during this period. Their consciousness of those limitations had been raised by their participation in the anti-slavery movement; eventually they used the language and structure of the Declaration of Independence to stake their claim to the rights they felt women were entitled to as American citizens in the Declaration of Sentiments.
Articles of Confederation
The compact among the thirteen original states that was the basis of their government. Written in 1776 the Articles were not ratified by all the states until
1781Supremacy Clause
Portion of Article VI of the US Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other submission of government
Social Contract Theory
free and equal consent to be governed John Locke
Hobbes
Leviathan man’s natural state was war monarchy
Natural Law
natural ethical principles
Direct Democracy
Everyone votes
Indirect Democracy
Elected reps vote
Republican Government
The power of government is held by the people
Elite Theory
all political power is held by a relatively small and wealthy group of people
Pluralist Theory
power is relatively broadly (though unequally) distributed among many more or less organized interest groups in society that compete with one another to control public policy
Political Ideology
values and beliefs about the purpose and scope of government Public
Declaration of Independence
Thomas Jefferson in 1776 America separates from Britain
Articles of Confederation
The compact among the thirteen original states that was the basis of their government.
Public Opinion
Public consensus, as with respect to an issue or situation.
Declaration of Independence
Thomas Jefferson in 1776 America separates from Britain
Articles of Confederation
The compact among the thirteen original states that was the basis of their government.
Virginia Plan
Constitution proposed by James Madison. bicameral legislature, an electrode chosen by the legislature, and a judiciary also named by the legislature.
The Great Compromise
state the same number of representatives in the Senate regardless of size, representation in the House was determined by population.
The “three-fifths” Compromise
that each slave was to be counted as three-fifths of a person
Electoral College
A body of electors chosen to elect the President and Vice President of the United States.
Supremacy Clause
Portion of Article VI of the US Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states
Amendment Process
Process through which the constitution is changed.
Methods of Proposal
by two-thirds vote in house and senate or by national constitutional convention called by Congress at the request of two-thirds of the state legislatures (this method never has been used to propose an amendment)
Methods of Ratification
There are two methods of ratification the usual by legislatures in three-fourths of the states, and the second only used once by conventions in three-fourths of the states.
Separation of Powers
A way of dividing power among three branches of government
Checks and Balances
A governmental structure that gives each of three branches of government some degree of oversight and control over the actions of others
Necessary and Proper Clause
The final paragraph of Article I, section 8, of the US Constitution which gives Congress the authority to pass all laws “necessary and proper” to carry out the elastic clause.
Ratification of the Constitution
Federalists vs. Anti-federalists, (1) submission of the Constitution to the Confederation Congress, (2) transmission of the Constitution by Congress to the state legislatures, (3) election of delegates to conventions in each state to consider the Constitution, and (4) ratification by the conventions of at least nine of the thirteen states.
“Take care that the laws be faithfully executed”
Presidential duty, not to execute laws but to see they are
Article III
establishes supreme court
Federalist Papers
eighty-five political papers written by John Jay, Alexander Hamilton and James Madison in support of ratification of the US constitution.
Judicial Review
Judicial review refers to the power of American courts to determine whether the acts of all branches of government and government officials comply with the Constitution.
Bill of Rights
The first ten amendments to the Constitution.
Why no bill of rights in Constitution
The constitution itself provided for protection of citizen rights.
Opposition to Ratification of Constitution
Anti-federalists favored strong state governments and a weak national government and opposed the ratification of the constitution. They were small farmers, shopkeepers, laborers. They believed in the decency of the common man and in participatory democracy; viewed elites as corrupt, sought greater protection of individual rights. They wanted stronger state governments and published their response to the Federalist papers under the names Brutus and Cato.
Federal System
System of government where the national government and state governments derive all authority from the people.
Unitary System
System of government where the local and regional governments derive all authority from a strong national government.
Confederal System
Power rests in the local entities, like states, and the central or national government can only do what the confederal association allows it to.
enumerate powers
Seventeen specific powers granted to Congress under Article I, section 8 of the US Constitution; theses powers include taxation, coinage of money, regulation of commerce and the authority t provide for a national defense.
Concurrent Powers
Authority possessed by both the state and national government that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law
McCulouch v. Maryland
The supreme court upheld the power of the national government and denied the right of a state to tax the bank
Gibbons v. Ogden
The Supreme Court upheld broad congressional power to regulate interstate commerce.
Cooperative Federalism
The relationship between the national and the sate governments that began with the new deal.
New Deal
series of programs implemented under President Franklin D. Roosevelt with the goal of stabilizing, reforming and stimulating the United States economy
Categorical Grants
Grants for which Congress appropriates funds for a specific purpose.
Block Grants: Broad grants with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services
New Federalism
refers to the transfer of certain powers from the United States federal government to the U.S. states. President Franklin Roosevelt's New Deal.
Unfunded Mandates
National laws that direct states of local governments ti comply with federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements
Full Faith and Credit
is mutual understanding between courts of the 50 states of the United States to recognize, honor and enforce one another's actions. The doctrine is rooted in the United States Constitution.
Prior Restraint
government's actions that prevent materials from being published.
Barron v. Baltimore
The effect of the Court's decision in this case was that the freedoms guaranteed by the Bill of Rights, specifically the right against government taking property without compensation, are restrictions on the federal government alone, and that state governments are not necessarily bound by them.
Free Exercise Clause
is the second half of the Religion Clauses, which states in full:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
Establishment Clause
The first clause in the first amendment; it prohibits the national government from establishing a national religion.
Exclusionary Rule
Judicial created rule that prohibits police from using illegally seized evidence at trial.
Seditious Speech
Speech against government
Smith Act
made it a criminal offense for anyone to "knowingly or wilfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing the Government)
New York Times v. Sullivan
: (1964) the Supreme Court concluded that “actual malice” must be proved to support a finding of libel against a public figure.
Incorporation Doctrine
Legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment
Miranda v. Arizona
that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present
Gideon v. Wainwright
ruled that state courts are required by the Sixth and Fourteenth Amendments to the Constitution to provide lawyers for defendants in criminal cases
Miller v. California
(1973) Court set out a test that redefined obscenity. Lower courts must ask “whether the work depicts or describes in a patently offensive way sexual conduct specifically defined by state law. Also was determined “whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Griswold v. Connecticut
1965) Bill of rights cast penumbras (unstated liberties on the fringes or in the shadow of more explicitly stated rights) thereby creating zones of privacy, including a married couples right to plan a family. Right to contraceptive
Roe v. Wade
(1973) The supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th amendment.
14th amendment
Women vote
Gritlow v. New York
: (1925) Supreme Court notes that the states were not completely free to limit forms of political expression
Texas v. Johnson
was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag in force in 48 of the 50 states
Mapp v. Ohio
(1961) All evidence obtained by searches and seizures in violation of the Constitution is inadmissible in state court
Furman v. Georgia
Dision that ruled on the requirement for a degree of consistency in the application of the death penalty. Jackson v. Georgia and Branch v. Texas, death sentences for rape, had the same result applied to them as part of a combined decision and ruling.
Schenck v. US
Clear and present danger
Scott v. Sanford
No Negroes, not even free Negroes, could ever become citizens of the United StatesDred Scott was not free, because Missouri law alone applied after he returned there.
White Primary
limiting voting in primary elections to whites only.
Grandfather Clause
only those whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test
Brown v. Board of Education
(1954) segregation is inherently unconstitutional
Plessy v. Ferguson
1896) separate but equal
Civil Rights Act of 1964
segregation in public facilities and racial discrimination in employment, education and voting created the Equal Employment Opportunity Commission.
Voting Rights Act of 1965
utlawed the requirement that would-be voters in the United States take literacy tests to qualify to register to vote
Affirmative Action Policy
Designed to give special attention or compensatory treament to members of a previously disadvantaged group
Women’s rights convention
held in Seneca Falls, New York on July 19 to July 20, 1848, birthplace of the feminist movement
What is Kant's categorical Imperative?
act only according to the maxim by which you can at the same time will that it should become universal law
What is Kant's practical Imperative?
Act as to treat humanity. whether in your own person or in that of another, always as an end and never as a means only led to IVC
How do the categorical and practical relate
Treat others how you see best
Which led to the contemporary standard of Informed Voluntary Consent?
Practical imperative leads to Informed Voluntary Consent which is to respect anothers rationality and will them to have all the info to make a good decision
What are Kant's actual duties?
1. Preserve your life
2. Tell the truth
3. Make productive use of talents
4. aid others in need
Why does Kant distinguish between "for the sake of duty" and "in accordance to duty"?
Acting for the sake of duty: Motivated by moral obligation or duty not self-interest
Acting in accordance to duty: Retailer is motivated by prudence and good business senses not to lie to customers, but is ultimately motivated by profit.
What does he mean by "the good will without qualification"?
Something is only good without qualification if it meets the qualification that it is not misused or used in evil ways
What does O'Neil mean by "treating others as persons"?
“We must allow them the possibility to either consent or dissent from what is proposed”
Who were the Eugenicists?
Eugenicists: People who beilieve people should be extinguished or changed to create perfect people
What is the problem with the Landman's definition of "feeble-mindedness
No measurable characteristics to assess if one were to try objectively to decide if a person qualified as an idiot imbecile or moron.
What was the Tuskegee Syphilis Experiment?
A group of people with Syphilis were experimented on to see how long it took for them to spread the disease to their partners after education.
What are the steps and procedures used for drug testing that are regulated by the food/drug administration?
Pre-clinical testing on animals Clinica: phase one= healthy bolunteers used to determine toxic effects. Phase 2=drug administration To small number of patients who will directly benefit Phase 3= Large number of patients
What are the answerable objections to informed consent in the physician/patient relationship?
-Patients can't be truly informed because they lack medical knowledge
-Patients do not wish to be involved in decision making
-Harmful effects of informing patients about medical facts which may cause harm
-Takes too much time
-Difficult to implement because it's hard to determine how much should be given
What is the Legal Standard for physicians?
What a reasonable patient would find essential to making a decision or what a reasonably prudent physician would disclose
What is Utilitarianism?
An action is right if it brings about a greater balnace of good over bad consequences
For John Stuart Mill, what is the key obligation of morality?
Morality: Development and perfection of the individual character.
How does it respond to Kant's ideas on good will
Does not agree with Kant good will should be determined by outcome and correctly motivated
What does Mill mean by happiness
Relative presence of please and relative absence of pain
What does Mill mean by "tyranny of the majority"?
Tyranny: majority opinion might not be correct
How does he believe we can prevent this?
1. Guarentee freedom of conscience
2. Promote tolerance
3. Preserve each person's liberty to choose their own lifestyle
4. Encourage open discussion
What is active or passive deception
active: purposely lying
passive: disincluding info
What arguments have philosophers used to promote animal rights
Similar to humans
Have congnitive process
What is rule utilitarianism
Right action are permitted by moral code that is designed to maximize the welfare or what is good where a person lives
Within environment ethics, what kinds of ethical arguments do environmental economist and ecological tociocologist usually formulate
Economist: Cost v. Benefit
Ecologist: that +measurements of potential danger
What is Aldo Leopold's Land ethic
"An action is right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends otherwise
How would the Nuxalk ideas about entitlement to property compare with John Locke's?
JL doesn't take into consideration scarcity. Nuxalk believes that if scarcity occurs, the action and attitudes of the humans are inappropriate. Also, believe that natural resources belong to nature not people
What do psychological studies into happiness reveal
Not studied as much as other emotions due to lack of agreement on what it means to be happy. People hesitate when asked to speak about it
What is tolerance? What attitude best upholds or defends tolerance
Mill- "Differences are not just appropriate, they are enriching" People should be free to make the best of their lives as they see fit
What are Claudia Card's primary claims about forgiveness
Forgiveness can be accepted or rejected. Its interpersonal 1. Renunciation of hostitlity 2. Charitable or concern for offender 3. Acceptance of offenders apology 4. Remission of punishment 5. Offer to renew a friendship