Although the harm principle as introduced in the last lecture seems straightforward at first glance, today Professor Shapiro discusses its ambiguities. If it "must be calculated to produce evil to someone else," who will be doing the calculations? Second, what does "calculated" mean? Does committing harm imply mens rea, or should strict liability be observed? The class discusses such issues as prostitution, free trade, same-sex marriage, statutory rape, Good Samaritan laws, marital rape, discrimination, and tort adjudication (specifically the 1950s case on thalidomide). Professor Shapiro concludes that in calculating harm, one must make political choices, which places the Enlightenment ideal of replacing politics with science in jeopardy.

Reading assignment:
Mill, On Liberty, chapter 5

Mill, Utilitarianism, chapters 4-5 [optional]

1. Information and Housekeeping
2. Introductory Lecture
3. Natural Law Roots of the Social Contract Tradition
4. Origins of Classical Utilitarianism
5. Classical Utilitarianism and Distributive Justice
6. From Classical to Neoclassical Utilitarianism
7. The Neoclassical Synthesis of Rights and Utility
8. Limits of the Neoclassical Synthesis
9. The Marxian Challenge
10. Marx's Theory of Capitalism
11. Marxian Exploitation and Distributive Justice
12. The Marxian Failure and Legacy
13. Appropriating Locke Today
14. Rights as Side Constraints and the Minimal State
15. Compensation versus Redistribution
16. The Rawlsian Social Contract
17. Distributive Justice and the Welfare State
18. The "Political-not-Metaphysical" Legacy
19. The Burkean Outlook
20. Contemporary Communitarianism (I)
21. Contemporary Communitarianism (II)
22. Democracy and Majority Rule (I)
23. Democracy and Majority Rule (II)
24. Democratic Justice: Theory
25. Democratic Justice: Applications

This course explores main answers to the question, "When do governments deserve our allegiance?" It starts with a survey of major political theories of the Enlightenment—Utilitarianism, Marxism, and the social contract tradition—through classical formulations, historical context, and contemporary debates relating to politics today. It then turns to the rejection of Enlightenment political thinking. Lastly, it deals with the nature of, and justifications for, democratic politics, and their relations to Enlightenment and Anti-Enlightenment political thinking. Practical implications of these arguments are covered through discussion of a variety of concrete problems.

Course Structure:
This Yale College course, taught on campus twice per week for 50 minutes, was recorded for Open Yale Courses in Spring 2010.