PHL CH 7 Moral Rights Theory
Identify and briefly explain the three strategies for justifying moral rights.
1: Humans have rights because of God 2: All persons have intrinsic moral value merely because they are persons. 3: Moral rights are the best means to achieve the ends that all people want to accomplish.
Use the moral rights ethical procedure to determine the moral evaluation of the case of unauthorized copying of software.
1: Maria makes an unauthorized copy of Home Budget Software and gives it to John. 2: Maria has a moral duty to not interfere with the company's owners' legitimate use of their property. 3: Maria violated the license agreement, which violated her moral duty. 4: Maria did not fulfill her moral duty, so that action was not ethical.
Use the moral rights ethical procedure to determine the moral evaluation of the case of lying.
1: Rose lies to Jane 2: Jane has a valid claim against Rose that Rose not interfere with Jane's legitimate ability to act and make choices. Also, Bill has a valid claim against Rose that Rose not interfere with his legitimate ability to attempt to reclaim his former girlfriend. Rose has a duty not to interfere with Bill's legitimate actions and choices. 3: Jane's choice to attempt to get back with Bill is a legitimate choice since it does not violate anyone else's moral rights. Rose has a moral duty not to interfere with Jane's legitimate choices. When Rose lies to Jane about Bill's intentions, she is making it harder for Jane to accomplish her legitimate goal. Therefore, she is interfering with Jane's legitimate course of action and violating her duty not to interfere. [...] Rose is violating Jane and Bill's rights to liberty. 4: Rose's action of lying to Jane about Bill's intentions was unethical based upon a moral rights ethical evaluation.
One way to conceptualize moral rights is as claim-rights. What are claim-rights? How are claim-rights connected to moral duties? Provide an example to illustrate the connection?
A claim-right allows a person to claim something against someone else who recognizes the persons' claim to be valid based upon a set of rules or principles. The moral claim is based upon the idea that some aspect or interest of a perons is of sufficient value that other people should e considered as being under a duty related to that aspect or interest. X having a claim to the right of property is equivalent to someone else's having a duty not to interfere with X's property.
What was the "final strength" of the moral rights ethical theory? For some philosophers, this final strength makes the moral rights ethical theory superior to utilitarianism, which in some cases argues that it is ethical to sacrifice some individuals for the greater good. Which position do you think is stronger? Support your answer with at least two reasons.
All persons or morally significant beings are bearers of moral rights and are entitled to make those claims equally.
For proponents of the moral rights ethical theory, which actions are morally significant? Briefly explain the moral rights theory's view of moral equality.
Any action or decision that relates to a valid moral claim or a duty correlated with that claim would be morally significant or important. All humans are moral equals.
Identify and briefly explain each component of claim-rights.
Content - something the claim is about Rights-holders - persons who have the rights Addressees - persons/organizations against whom the claims are adddressed and have duties entailed by those rights. Source of validation - the document that identifies and justifies that the rights-holders actually have the rights.
In your opinion, what group or class of beings should have moral rights? Support your answer.
I believe in a hybrid approach where human beings have the full spectrum of moral rights, while nonhuman rational beings have a more limited set.
How does the text define "moral rights"? How are they different from legal or civil rights?
Moral rights are rights that are held by all persons or morally significant beings. Moral rights are universal, while legal/civil rights vary depending on the country.
What claims compose the right to liberty? What moral duties are correlated with the right to liberty?
The right to liberty as a claim-right gives people a claim against others that they not interfere with their ability to legitimately act, make choices, speak, believe, and so on. The duty associated with this claim is that other have not to interfere with people's legitimate exercise of liberty.
What claims compose the right to property? What moral duties are correlated with the right to property?
Persons have a valid claim against the moral community or society that it not interfere with their legitimate acquisition, possession, and use of property and that it would provide protection from the actions of other citizens that would interfere with individuals' property rights. Correlated with these claims, individuals and society have duties related to property that they not interfere with another person's right to property. Society has a duty not to interfere with a person's legitimate acquisition, possession, and use of property and a duty to protect individuals against interference from others.
Identify the four steps in the moral rights theory's ethical procedure.
Step 1: Identify the action under consideration Step 2: Determine if there is a relevant moral claim/claims and correlated duty/duties, and if so, what they are. Step 3: Determine whether the person or persons involved in the case fulfilled their relevant duty and whether or not a right was violated Step 4: The moral conclusion must be determined.
Summarize one strength and one weakness of the moral rights ethical theory related to the focus on the intrinsic value of persons.
Strength: The theory asserts the intrinsic value of persons and many people believe people are valuable and want to be treated with respect. Weakness: Some would argue that focus on the individual is a weakness because it may not produce the greatest benefit or happiness for the greatest number of people.
Summarize one strength and one weakness of the moral rights ethical theory related to the focus on the essential aspects of people: their lives, security of person, liberty, property, and privacy.
Strength: The theory provides a morality with a clear content because it focuses on the essential aspects of persons. Additional aspects of persons can be identified and related to claims and duties if necessary. Weakness: There can be a conflict between two moral duties.
Summarize one strength and one weakness of the moral rights ethical theory related to an unconditional, universal, and permanent morality.
Strength: the theory is universal, which makes it more clear-cut and consistent, which people prefer. Weakness: inflexible morality is a problem because they do not endorse theidea that moral duties related to actions like lying or stealing can have no exceptions.
What claims compose the right to life? What moral duties are correlated with the right to life?
The claims element of the right is that a person may claim against other people that these individuals do not interfere with his or her life; that is (1) that they do not murder the individual, and (2) that they do not prevent the person from doing what is necessary to preserve his or her life as long as those actions do not threaten or take the lives of other innocent persons and are legal. The moral duties associated with the right to life are society has duties to not kill individuals and that it provides protection from the actions of other citizens for individuals' lives and freedoms associated with their lives.
What claims compose the right to security of person? What moral duties are correlated with the right to security of person?
The claims of this right is that a person may claim against other people that these individuals do not interfere with their security of persons; that is (1) that others do not injure, assault, torture, rape, enslave, or treat people in a cruel or degrading way, and (2) that others do not prevent people from doing what is necessary to preserve their personal security and health as long as those actions are legal and do not injure or kill innocent persons.
What is the starting point for a legitimate morality for the moral rights ethical theory? How is this starting point different from the utilitarian starting point?
The moral rights theory argues that people have intrinsic value, while utilitarian argues happiness has the intrinsic value
What claims compose the right to privacy? What moral duties are correlated with the right to privacy?
The right to privacy as a claim-right enables persons to claim against other specific individuals that they do not interfere with their legitimate control over information about and access to themselves. Correlated with this claim, other individuals have a duty not to interfere with people's legitimate control over information about and access to themselves.