Justice, Morality and the Law
Prof. Golash
Spring 2001
Study Guide for Final Examination
There will be six essay questions on the test. You will have a choice of two of the first three and two of the second three. You should write a full and detailed answer for each question, using at least 20 minutes per question. Answers will be evaluated primarily on the basis of demonstrated understanding of course materials.
Following is a list of questions you should be able to answer. They are not the questions that will appear on the exam, but rather indicate the background material you will need to know to answer exam questions. The exam questions may ask you to compare points of view, defend your position on an issue, evaluate or criticize arguments, make connections among different arguments, or apply course material to specific examples.
- How do you tell what action is right, in a given situation, according to Mill?
- Explain each of the three criticisms of utilitarianism discussed in class. How have utilitarians met these criticisms, and how have critics responded?
- What is the only thing good without qualification, according to Kant? Why are qualities of character such as compassion, courage, etc. not "good without qualification"?
- What is the difference between "acting from duty" and "acting from inclination"? Give examples of each.
- What does it mean to "universalize" your maxim? Why does Kant think this is important?
- Give an example of a maxim that cannot be universalized, and explain why not.
- What does Kant mean by his injunction "never to treat another person as a mere means, but always also as an end in himself"?
- Explain each of the objections to Kant’s theory discussed in class and how Kant might respond to them.
- What empirical facts would have to be true in order for a utilitarian justification of punishment to succeed? Explain.
- In what sense is it true that utilitarianism allows punishment of the innocent? How might a utilitarian respond to this objection?
- What problem arises for utilitarians in connection with the proportionality of punishment? Explain.
- Why does Morris think that the rehabilitative ("therapy") model fails to respect the choices of offenders?
- According to Morris, in what sense does a punishment model respect offenders’ choices?
- What must be true of the offender, and of society, in order for Morris’s defense of punishment to succeed?
- What four myths does Currie identify? How does he refute each of them?
- How does Primoratz defend capital punishment, and what is Nathanson’s criticism of it?
- What is the "best-bet" argument for the death penalty? Explain.
- What is Mill’s argument in favor of freedom of speech? What limits does he suggest?
- Explain the distinction between assaultive and communicative speech and its significance for the regulation of hate speech.
- How would Mill limit the authority of government over individuals?
- What forms of pornography has the Supreme Court found unprotected by the First Amendment?
- What is the feminist argument against pornography? What forms of pornography are not covered by this argument?
- What are the key factual issues for a utilitarian analysis of pornography restrictions?
- What is Rachels’ argument for active euthanasia, and what is Callahan’s argument against it?
- What indirect social consequences of legal euthanasia should be taken into account in deciding on policy?