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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. 2 Conceptual map Divine command Identity-based Duties Ethical Theories Principlebased Specific Rights Consequencebased General Justice 3 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 4 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. 5 The harm principle limits negative rights and liberties Peter Ruth Noah Sally 6 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) # 1 2 3 4 5 6 7 8 9 10 11 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 8 Corporations Division of ownership in joint stock companies with limited liability: Shareholders and managers have different bundles of rights in the company’s assets. # 1 2 3 4 5 6 7 8 9 10 11 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 9 The firm as a nexus of legal interests 10 Derivative and natural justifications for general moral rights Derivative rights Indirect Utilitarianism Justice-based General rights Will theory Natural rights Interest theory 11 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. 12 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 13