Justice, Punishment, Ethics: Philosophy and the Law I

Philosophy of Law at Waseda University Law School, 2007

Tuesday, June 26, 2007

What you need to know for the final exam

WHAT YOU NEED TO KNOW FOR THE FINAL TEST


Punishment and the Death Penalty
You need to know what Retributivism means.

You should know what the standard arguments in favour of the death penalty are.

You should know the Utilitarian arguments both for and against the death penalty are

You should know what Rehabilitation is

You should know the ways in which Retributivism is inconsistent with Utilitarianism
You should know the strongest arguments for, and against, the death penalty.
You should know the counterarguments for these arguments.
You should be able to articulate a response to the question “should Japan retain the death penalty?”


Kant
You should know about the Universalizability Test, and what the term ‘duty’ means for Kant.
You should be able to explain and discuss Kant’s view that the Motive of Duty is necessary and sufficient to be a good person (Hint: what would Virtue Ethics say to this idea?).
You should be able to discuss the main criticisms of Kant’s ethics.


Utilitarianism
You should be able to define both Act Utilitarianism and Rule Utilitarianism
You should be able to explain the strongest objections to Utilitarianism, and the possible replies.
You should be able to explain the difference between Kant’s Deontology and Utilitarianism.




Cultural Relativism

You should be able to discuss the Cultural Differences Argument and the Argument from tolerance, and to distinguish between the two arguments.

Social Contract

You should be able to explain Social Contract theory, and the most important objections.
You should also be able to explain Hobbes’s theory of human nature, and why it is an important part of his reasoning.

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