Terms For Freedom Equality Difference @ Stanford

Front 1

What is the Enlightenment?

Back 1

intellectual movement in the 18th century that valued science to social progress

Front 2

Humanism

Back 2

A world in which well-being and achievement are the focus of attention and concern

Front 3

Scientism

Back 3

Omnipotence of science, science is the only valuable form of knowledge.

Front 4

Divine Right Theory

Back 4

Developed by Filmer, said that all political authority rests on divine authority. God gave everything to Adam inc. polical power. Locke disagrees

Front 5

Pious Domination

Back 5

Church is in charge of all.
Sovereigns anoted by God and approved by Church.
Loyalty to ancestors.

Front 6

Lockean Proviso

Back 6

Spoilage Constraint: can take all you want as long as it is not wasted, and others are left with as much as good.

Front 7

State of Nature

Back 7

Lockean idea of state of humans without political authorities to govern, all free from arbitrary power.
1. Natural Law
2. Humans are free
3. Humans are equal
4. Natural Rights

Front 8

Natural Law (4 Precepts)

Back 8

1. Preserve self
2. Preserve offspring
3: Don't harm others unless they are harming you
4. When all can't be preserved give precedence to the innocent

Front 9

Common Ownership

Back 9

Everyone has claim to part of the earth for themselves and for their children.

Front 10

Natural Rights

Back 10

Right to freedom
Right to self preservation
Executive Right
Right to Property

Front 11

Common Good Agreement (2)

Back 11

1. Everyone preferers A to no agreement.
2. There no other agreement that everyone prefers to A

Front 12

Utilitarianism

Back 12

Greatest good for greatest number of people

Front 13

Limited Government

Back 13

Government must ensure that people have life liberty and estate.

Front 14

Tacit/Exlicit Consent

Back 14

One form must be given for the government to have power

Front 15

Paternal Power

Back 15

Children are under rule of parents

Front 16

Locke - Religious Toleration

Back 16

Religious views and practices should not be persecuted or suppressed
Just have to tolerate,not follow others religion.

Front 17

Locke-Separation of Church and State

Back 17

State should not impose any specific religion on the people

Front 18

Ecclesiastical authority

Back 18

Power of the priests

Front 19

Filmer

Back 19

Divine Right theory

Front 20

Orfield and Lee

Back 20

Brown at 50- must use AA and other methods of fighting segregation to uphold Brown

Front 21

Cass Suntstein

Back 21

Author of Anti-Caste Principle

Front 22

Anti-Caste Principle

Back 22

social and legal practices cannot translate a visible and morally irrelevant differnce into systematic social disadvantages unless there is good reason to do so.

Front 23

According to Sunstein, why will a free market fail to dissolve Caste?

Back 23

If people discriminate a business that employees minorities could be discriminated against.

Front 24

Plessy vs. Ferguson (1896)

Back 24

Established Separate but equal, allowed for de jure segregation

Front 25

Harlan's Dissent (Plessy)

Back 25

Segregation will always lead to inequality

Front 26

What was the NAACP's strategy to end segregation?

Back 26

Attack graduate schools making separate but equal expensive then move down, run by Thurgood Marshall.

Front 27

Earl Warren

Back 27

Chief Justice during Brown Decision, wrote opinion, remember it was unanimous.

Front 28

"deliberate speed"

Back 28

In Brown Decision saying that integration should move at said pace.

Front 29

Kahlenberg

Back 29

Class, not race based AA. More fair because rewards go to those who were actually hurt by class distinctions.

Front 30

SA v. Rodriguez (1973)

Back 30

SC case that said TX had not discriminated in its policy for funding schools. Equal protection clause of 14th amendment invoked.

Front 31

Strict Judicial Scrutiny

Back 31

Can be invoked when certain group is disadvantaged or laws interfere with Constitutional rights, burden of proof then lies on state to prove its not unconstitutional.

Front 32

Bakke v. UC

Back 32

Bars quota system for UC admission but allows AA
Powell: quotas were the problem

Front 33

Sweatt v. Painter

Back 33

TX didn't have law school for blacks so they had to make one but it wasn't equal

Front 34

Grutter v. Bollinger

Back 34

AA in MI Law School

Front 35

Bryer (Seattle)

Back 35

Wrote dissenting opinion, said that to stay true to the name of Brown something must be sacrificed.

Front 36

Roberts (Seattle)

Back 36

Majority opinion: said that racial classification did not serve a compelling gov't interest. 14th ammendment said that government must treat people as individuals

Front 37

Kennedy (Seattle)

Back 37

Concurring: Racial diversity is compelling interest, alternate ways to promote integration.

Front 38

Smith v. Employment Division

Back 38

Could not smoke Payote on the job even it was for a religious reason.

Front 39

Suspect Classification

Back 39

Any law that gives precidence to one group over another

Front 40

Self Government

Back 40

The government of each by the rest

Front 41

Fallible

Back 41

the idea that humans are capable of mistakes and we aren't always right

Front 42

Tyranny of the Majoirty

Back 42

More dangerous than the individual because it is harder to stop, occurs when the majority can oppose its will on the minority.

Front 43

Liberal Harm Priciple

Back 43

The only time when one person can interfere with another is when there is possibility of harm to others. There are some exceptions.

Front 44

Human Liberty (3) Mill

Back 44

1. Liberty of consciousness, thought and feeling
2. Liberty of tastes, doing what you like
3. Liberty to unite for any reason other than harm to others

Front 45

Free Speach (4) Mill

Back 45

1. Humans are fallible, may silence truth
2.Even if wrong there may be part truth, only by confrontation can we know truth
3. Truth must be in conflict with other ideas
4. Inhibiting free speech prevents growth and progress

Front 46

3 Rationals for restriction/regulation

Back 46

1. Paternalist - restrict something for persons own good
2. Moralist - restrict for moral reasons
3. Perfectionist - restict because it departs from human ideal

Front 47

Liberty (5 arguments)

Back 47

1. Fallibilism - make mistakes and supress truth
2. Dead Dogma - if you don't know both sides you can't belive in one side
3. Big Gov't - not good at deciding people's interests
4. Mass conformism - stifles what is right for you
5. Choosing and individual development - exercise of choice makes you developed

Front 48

Panopticon

Back 48

Thing where people could not tell if they were actually being watched so they had to assume they were

Front 49

Mackinnon

Back 49

Porn:portrays a submissive aspect of women as men's sex toys

Front 50

Negative Liberty

Back 50

absence of restraints

Front 51

Positive Liberty

Back 51

ability to control one's own destiny

Front 52

American Booksellers v. Hudnut

Back 52

Challenged anti-porn legislation in Indy

Front 53

Okin

Back 53

Claims of feminists should trump those of multiculturalism when the two collide.

Front 54

Kimlicka

Back 54

Cultures are valuable because they give others access to lots of options, however if groups restrict from inside they deserve no protection

Front 55

Dworkin

Back 55

Disagrees with Mackinnon because most people dislike porn but they don't want to ban it because of the ramifications this could have for censorship.

Front 56

Kukathas

Back 56

Multiculturalism should prevail over feminism unless people actively protest against the status quo. acquiesce