Download 05 Motivations, Duties, and Rights

05 Motivations, Duties, and Rights
Figures and Tables
Three Forms of Ethical Reasoning
Approach
Example
1. Identity or
She thought of herself as a
character based caring person, so she
realized that she has an
ethical responsibility
("duty") to help her friend.
2. Motivation or He wants revenge, but
principle-based realizes that he has a duty
not to kill other people.
3. Outcome or
consequencebased
She believes that her action
will make everyone happy,
so she has an ethical
obligation ("duty") to do it.
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Conceptual map
Divine
command
Identity-based
Duties
Ethical
Theories
Principlebased
Specific
Rights
Consequencebased
General
Justice
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W.D.Ross’s list of Prima facie duties
Prima facie duty
Example
Classification
Beneficence
Help others
Consequentialism
Fidelity
Keep promises
Rights
Gratitude
Reciprocity
Justice
Justice
Impartiality
Justice
Non-maleficence
Do no harm to others
Rights
Reparation
Compensation
Justice
Self-improvement
Self-realization
Virtue
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Rights and correlative duties
Miguel has
RIGHT that
Lori do Φ.
Owed to
Lori has
DUTY to do
Φ.
A correlative duty is a duty that agents owe to a
right-holder because the right-holder has that right.
If Miguel has a right that Lori do φ, then Lori has a
correlative duty to do φ that she owes to Miguel.
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The harm principle limits negative
rights and liberties
Peter
Ruth
Noah
Sally
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A contract between Lori and Miguel consists of two promises.
Lori offers to supply $100 (X) on condition (Y) that Miguel repays
her $110 one year later. Miguel accepts by promising to fulfil the
condition (Y) that he will repay Lori $110 one year later.
Offer: Promise to supply X on condition Y
Miguel
Y
Acceptance: Promise to fulfill condition
Lori
Ownership = bundle of negative rights
(A.M. Honoré)
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Legal interest
Right to possess
Right to use
Right to manage
Right to the income
Right to the capital
Right to security
Right to bequest
Right to absence of term
Liability under tort law
Liability to execution for debt
Right to residue after termination
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Corporations
Division of ownership in joint stock companies with limited liability: Shareholders
and managers have different bundles of rights in the company’s assets.
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Legal incident
Right to possess
Right to use
Right to manage
Right to the income
Right to the capital
Right to security
Right to bequest
Right to absence of term
Liability under tort law
Liability to execution
Right to residue
Shareholders
none
none
minor
full
full
full
full
full
limited
full
full
Management
full
full
major
none
none
none
none
none
none
none
none
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The firm as a nexus of legal interests
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Derivative and natural justifications for
general moral rights
Derivative
rights
Indirect
Utilitarianism
Justice-based
General
rights
Will theory
Natural rights
Interest
theory
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Types of interests
Type of interest
Examples
Immoral
Sadistic, Racist, Homophobic prefences
Selfish
Preference for more than fair share
Trivial
Candies, Coke over Pepsi
Everyday
Big Mac over pizza, Trousers over jeans
Crucial
Food, Personal security
Not every interest justifies a right.
It is difficult to say which interests are crucial and
thus which interests require the protection of
rights.
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Justifying moral rights
Specific rights
Identity-based
Rights
Interest theory
Natural
general rights
Principlebased
Ethical
Theories
Promises
Will theory
Justice
Derivative
general rights
Direct
Consequencebased
Indirect
Derivative
general rights
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