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Wabbapet (Ethics)

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Rights

Theories
-Rustom Cenizal
-Gabriel Saquilayan
Rights Theories
 A right may be defined as something to which a
person has a just claim.
 A right may take the form of power or privilege to
which a person is justly entitled to. As a justified
claim, a right is dependent on a standard that is
acknowledged and accepted not only by the person
claiming the right but also by the people in the
society (Merriam & Webster Dictionary).
 Rights Theories maintain that there are things
that we cannot do against individuals because
they have rights.
 Rights have strong philosophical bases: from
Aristotle’s Nicomachean Ethics to Immanuel
Kant’s Moral Philosophy, particularly his
categorical imperatives. Theories of Rights can
also be realists or constructivist.
 Realists view rights as intrinsic or inherent in
the people who have them.
 Constructivists view rights as something that is
granted to moral beings because of some
characteristic that made them deserve the right.
 Right Theories are generallydeontological
which means that there are norms that people
have to obey and duties that they have to do
(“Right Theory: The General Approach,” n.d.).
Difference Between
Legal and Moral Rights

-Ive Generalao
-Richelle Joan Buendia
Legal Rights
 Legal Rights are the freedoms or protection we,
as individuals, have because of laws that say we
do.
 Legal Rights refer to all rights written and
found within the existing legal codes.
 Legal Rights enjoy the recognition and
protection of the law.
 Legal Rights cannot exist before it is passed into
law.
 The validity of legal rights depends on the set
jurisdiction (i.e. the limits within which the law
can be applied) of the body which passed the law
that led to its existence as a legal right.
 Some legal rights have been made into laws
because of the desires of monarch or a head of
state.
 But ideally, it should be created through the will
of a democratically elected assembly.
 One nation’s set of legal rights varies from that
of another nation.
 Therefore, to understand the legal rights of a
state or nation involves discovering the series of
events that deemed it necessary for the
legislation of such rights.
Some examples of legal rights:
 a) Forty-four states in the United States have a
provision in their state constitutions that is
similar to the Second Amendment of the U.S.
Constitution, which protects the right to keep
and bear arms i.e. firearms/guns (Gun Law in
the United States,”n.d.).
 b) In 2007, to control China’s growing
population, 36% of Chinese were subject to a
one-child restriction policy, and 53% are
allowed to have a second child if the first child
was a girl. This law was lifted in 2016 to be
replaced by China’s Two-Child Policy
(Hall,2017).
Moral Rights
 Moral Rights, on the other hand, are claims
that exist before any law is made and does not
require any form of legislation.
 Moral Rights are not made by any human
being nor can humans unmake them.
 Moral Rights are not limited to the people
of a country or a time in history.
 Moral Rights, therefore are universal and
timeless.
Characteristics of
Moral Rights
-Hanna Mae Tarrobal
-Trixia Nicole Rosero
Characteristics of Moral Rights
 Awareness of moral rights are important
for us to know whether some injustice had
been done to us or to other individual/s.
 Relevance of Rights to Duties. An essential part
of existence is for us to know and perform our
duties. Some of these duties are so important that
they carry rights with them.
 Moral Status. As a person with moral rights, we
are accorded with a moral status. This shield
prohibits others from harming us and from
interfering with our free choices.
 Moral status affects our lives, our choices and our
pursuit of happiness.
 Although people have moral status, it does not
mean that it is always wrong to take their lives,
injure them or restrict their freedom.
 Moral Weight. Morality emphasizes that what
is most important is for us is to respect the
rights of others. Although we may desire great
things for ourselves and our family, it still does
not justify violating other people’s rights.
 Moral Rights & Moral Equality. Moral
rights are the same for everybody. It is for this
reason that no body can be denied his/her
moral right for reasons that are arbitrary,
prejudicial and irrelevant. Although it is a fact
that people from all parts of the world are
different, this differences are not bases for
determining what right each one should have.
 Invoking Rights. What does it mean when we
say that we are invoking our right? When we
invoke our right, it means that we are making
use of or applying our right. That we are
demanding fair treatment or that we be
accorded what is our rightful due.
 Violating of Rights and the Duty of
Assistance. Many people have rights that are
often violated.
 Vulnerable for injustice are the weak: e.g.
children, women, old people, people with
intellectual and physical disabilities and the
mentally ill.
 We should remember that the less able
humans are in defending their rights, the
greater is our duty to defend it for them
(“Legal Rights and Moral Rights,”n.d.).
Human Rights
-Jana Vanessa Nepomuceno
Human Rights
 The concept of human rights includes both
legal rights and moral rights. The legitimacy
claims of human rights are connected to its
status as moral rights. The universality of human
rights suggests that all people have them and
should enjoy them.
 The capacity for the exercise of reason is the
major characteristics of humanity and the basis
for the justification of human dignity
(Immanuel Kant).
 Therefore, Human Rights are the rights that
we give to ourselves and to others as equal and
autonomous beings (“Human Rights,”n.d.).
Universal Declaration of Human Rights
Article 1 Right to Equality
Article 2 Freedom form Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom form Slavery
Article 5 Freedom for Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom form Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom form Interference with Privacy, Family, Home &
Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other countries from Persecution
Universal Declaration of Human Rights

Article 15 Right to a Nationality and the Freedom to Change it


Article 1 6 Right to Marriage and Family
Article 17 Right to Own Property
Article 1 8 Freedom of Belief and Religion
Article 1 9 Freedom of Opinion and Information
Article 2 0 Right of Peaceful Assembly and Association
Article 2 1 Right to Participate in Government and in Free Electronics
Article 22 Right to Social Security
Article 2 3 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 2 5 Right to Adequate Living Standard
Article 26 Right to Education
Article 2 7 Right to Participate in the Cultural Life of Community
Article 2 8 Right to a Social Order that Articulates this Document
Article 2 9 Community Duties Essential to Free and Full Development
Article 3 0 Freedom from State or Personal Interference in the above Rights
Utilitarianism
-Ive Generalao
Utilitarianism
 Another framework of morality is known as
the teleological or consequentialist theory of
morality.
 This theory’s focus is not on the agents who
make the moral choices nor on the effects or
aftermath of the action made.
 The moral choice is dependent on the
consequences that it may bring about.
: Lying to your mom about the time your
 Example

Dad got home from work would prevent your


Mom and Dad from having a night-long
argument.
 In this case, lying, is deemed to be a good
moral act because it prevents your parents
from fighting, even if lying is wrong.
Utilitarianism, thus added a new factor to
morality, that of the consequence of the moral
choice.

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