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Intervention of the State (Visions of intervention (Liberalism (Stuart…
Intervention of the State
Public Ethics vs. Private Ethics
Public ethics: Are all those plural values agreed by everyone and that derive in the harmonic coexistence of the society. Values of justice
Private ethics: Are all those values from the private sphere; there are disagreements because everyone has a different perception of what are the essentials of life
Visions of intervention
Liberalism (Stuart Mill): The State can intervene only when there's a harm to others. If you are harming yourself, for example by drinking, the State cannot prohibit you from doing so, just persuade you not to do it (by increasing the prices of alcohol, my regulating its taxation, etc); but if you drink and drive you could harm others and that's when the State intervenes
Conditions
Applies only for informed and rational adults
Permits individual autonomy (lets people create their own personal rules)
Paternalism: The State intervenes when there's a psychological/physical harm to others, even if it is against the individual will
When is it justified? When there's a case of basic incompetence, that means, if you are not a independent, civilized, informed adult
Objective basic incompetence: Children, elderly, mental disorders, illnesses
Subjective basic incompetence: Compulsions, ignorance, lack of reason
Perfectionism: The State's will is to create the 'perfect individual' by combating vices. It is the most conservative view of the three of them
Pathologies: Imposition of one ethic over the other one
Public ethic over private ethic: Is common in totalitarian states in which the State controls both public and private sphere, imposing it's ideology over the people. Example: China; the State forbid couples to have more than one child (is intervening in their private sphere)
Private ethic over public ethic: When a personal aspect such as religion, beliefs or ideals are converted into the maximum law of the State. Example: The Vatican; the people that live there are ruled by the Catholic religion
Weakness of will: Aristotle, Plato and Socrates argued that if you know you are doing something wrong, you shouldn't do it; meaning that a person in his/her complete conscience wouldn't act wrongly
Devlin-Hart debate: It was a debate in the British parliament that discussed wether homosexuality and prostitution should be considered crimes. At the end, the conclusion was that they weren't crimes
Deviln's position (Conservative): Legal moralism: Everything that is immoral or that contemplates a religious sin should be considered a crime and thus be punished because there's a social disintegration if you commit an inmoral act
Hart's position (Liberal): There shouldn't be considered crimes because are aspects of the private lives of the people. The morals values don't determine the social moral, instead, the critical values (rationally justified).
Stuart Mill
Liberalism: The State can only intervene when harming others. It doesn't matter if the action affects the individual (self-regarding), only when it affects others (other-regarding)is that the State intervenes.
Utilitarianism: Focuses on the results; the best action is that one that produces the best consequences.
Two ways of acting
Classical: Best consequences for the higher amount of people
Rule: Best consequences for the highest amount of people in the long term
Two theories
The most valuable thing, the best consequence, is happiness
The best action is that one that maximizes happiness
To kill a mockingbird
Plot: Atticus Finch is defending Thomas Robinson from a false accusation of rape made by Mayella Ewell. The problem is that Robinson is a black man and his defence is contemplated by everyone as a inmoral thing
Legal moralism: The inmoral should be condemned as a crime. Just for being black, Thomas Robinson was thought to be the raper, even when Finch demonstrated the opposite. He was actually shot to death. The jury was extremely influenced by racism and didn't pay attention to what was just and unjust
Conflict between the individual and the community: The people wanted Robinson to be condemned only because of his rape. However, Finch's ideals went against the society's discrimination and proved his innocence