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.

Practice Questions for Philosophy of Ethics and Law Final Exam

Waseda University Philosophy of Law (Theme Class)
FINAL EXAM

Answer any TWO questions, ONLY ONE from each section. Time allowed: 1 hour 30 minutes.

Section 1.
Either
Question 1a). What is Kant’s Universalizability Test? Which of the criticisms to the test do you think is most serious, and why?
OR

Question 1b). Discuss one counter- example to Kant’s claim that the Motive of Duty is necessary and sufficient to be a good person.

Section 2.
Either
Question 2a). What is Act Utilitarianism? Which of the criticisms of Act Utilitarianism is most serious, and why? How would a Utilitarian respond?

OR
Question 2b). Discuss three differences between Utilitarianism and Kant’s Deontology

Section 3.

Either
Question 3a). What is the Argument from Tolerance? And what is its most serious objection?



OR

Question 3b). What is the Cultural Differences Argument? And what is its most serious objection?

Section 4.
Either
Question 4a). What is Social Contract theory? And why is the Social Contract necessary, according to Hobbes? What is the most serious objection to the theory?

OR
Question 4b). What is the difference between Kant’s conception of human nature, and that of Hobbes? And what, for both thinkers, is the relationship between reason and morality? Who has the more plausible view?


Section 4. Punishment and the Death Penalty
Either
Question 4a). Give a critical discussion of AT LEAST TWO objections to the death penalty.

OR
Question 4b). Should Japan abandon the death penalty?