<< Chapter < Page Chapter >> Page >

    4. rights claims have to be justified. a claim is a legitimate right if…

  • It harbors a capability, the exercise of which is essential to autonomy. For example, without general and specific information, one cannot exercise one’s agency in an autonomous fashion. Thus informed consent is essential to autonomy.
  • It remains vulnerable to a “standard threat.” For example, one cannot exercise autonomous agency if one is deceived or if information crucial to responsible, autonomous action is covered over or withheld. Hence, a standard threat to informed consent is presenting false information or covering up true and vital information.
  • That the correlative duties it requires to recognize and respect autonomy do not deprive the duty-holders of anything essential. For example, I may have a right to life but that right cannot be extended to the point where I can oblige another to sacrifice her life so that I might live. To assert my right to life at the expense of others is to deprive them of something essential to their autonomy, namely, their life.

5. for every right there are correlative duties to (a) not violate or deprive another of that right, (b) prevent others from depriving individuals of their rights, and (c) aid those who have been deprived of their rights and thus restoring their dignity and autonomous agency.

These duties can rest on duty-holders who are individuals or on collectives such as organizations or institutions. For example, individuals have the duty not to deprive others of their privacy by hacking into their email accounts and reading their messages. On the other hand, the institution of civil law provides a means of aiding those who have been deprived of rights like privacy and property. This represents a collective rather than an individual duty-holder.

Table on rights and duties

Rights as modes for recognizing and respecting autonomy
Concept Definition Elaborations Examples
Right An essential capacity of action that others are obliged to recognize and respect. Framework to justify right claims: (a) Essential to autonomy; (b) Vulnerable to a standard threat; (c) Feasible in that recognizing and respecting right claims does not deprive the duty-holder of something essential. Some Key Rights in Business: Free and Informed Consent, Due Process, Privacy, Free Speech, Property, and Freedom of Conscience
Duty A principle that obliges us to recognize and respect the autonomy of others (and of ourselves). Duty Levels: (a) Not to deprive; (b) Prevent deprivation; (c) Aid the deprived These two Kantian Principles encapsulate respect for Autonomy: (1) Categorical Imperative : Act only on that maxim that can be made into a universal law; (2) Formula of the End : Treat others always as ends and never merely as means.
Correlativity of rights and duties The definition of right includes the concept of obilgation or duty. The definition of duty is built around recognizing and respecting rights. Because rights and duties are defined in terms of one another they are correlative; for every right there is a series of correlative duties. This is a controversial thesis. Nevertheless, the correlativity thesis harbors the truth that rights neither exist nor function in a vacuum. To characterize rights as claims is to imply that they are claims over someone to do something. Especially important is the notion that rights identify capacities of action that are vulnerable to standard threats.
Rights Justification Framework To establish a rights claim as legitimate, one must prove that the claim is... (1) Essential to autonomy; (2) Vulnerable to a "standard threat"; (3) Feasible in that it imposes on the duty-holders an obligation whose execution does not deprive them of something essential. In relating the right claim to autonomy, remember to connect it to one of the four senses of autonomy discussed below: (1) Self-Choice; (2) Self-Legislation; (3) Authenticity; (4) Self-Decision.
Identifying Correlative Duties Correlative duties form levels and often proceed from basic individual duties to social or collective duties (a) Duty not to deprive an individual of a right; (b)Duty to protect others from being deprived of their rights; (c) Duty to aid those who have been deprived of their rights. The first two correlative duties are generally carried out by individuals : (a) For example, one cannot deprive others of their rights to informed consent by withholding information; (b) If someone else is withholding information and one can prevent deprivation by revealing this information, then one has a duty to do so; (c) But often societies collectively aid those who have been deprived of their rights by creating legal procedures that those suffering rights deprivations can appeal to.

Questions & Answers

what is microbiology
Agebe Reply
What is a cell
Odelana Reply
what is cell
Mohammed
how does Neisseria cause meningitis
Nyibol Reply
what is microbiologist
Muhammad Reply
what is errata
Muhammad
is the branch of biology that deals with the study of microorganisms.
Ntefuni Reply
What is microbiology
Mercy Reply
studies of microbes
Louisiaste
when we takee the specimen which lumbar,spin,
Ziyad Reply
How bacteria create energy to survive?
Muhamad Reply
Bacteria doesn't produce energy they are dependent upon their substrate in case of lack of nutrients they are able to make spores which helps them to sustain in harsh environments
_Adnan
But not all bacteria make spores, l mean Eukaryotic cells have Mitochondria which acts as powerhouse for them, since bacteria don't have it, what is the substitution for it?
Muhamad
they make spores
Louisiaste
what is sporadic nd endemic, epidemic
Aminu Reply
the significance of food webs for disease transmission
Abreham
food webs brings about an infection as an individual depends on number of diseased foods or carriers dully.
Mark
explain assimilatory nitrate reduction
Esinniobiwa Reply
Assimilatory nitrate reduction is a process that occurs in some microorganisms, such as bacteria and archaea, in which nitrate (NO3-) is reduced to nitrite (NO2-), and then further reduced to ammonia (NH3).
Elkana
This process is called assimilatory nitrate reduction because the nitrogen that is produced is incorporated in the cells of microorganisms where it can be used in the synthesis of amino acids and other nitrogen products
Elkana
Examples of thermophilic organisms
Shu Reply
Give Examples of thermophilic organisms
Shu
advantages of normal Flora to the host
Micheal Reply
Prevent foreign microbes to the host
Abubakar
they provide healthier benefits to their hosts
ayesha
They are friends to host only when Host immune system is strong and become enemies when the host immune system is weakened . very bad relationship!
Mark
what is cell
faisal Reply
cell is the smallest unit of life
Fauziya
cell is the smallest unit of life
Akanni
ok
Innocent
cell is the structural and functional unit of life
Hasan
is the fundamental units of Life
Musa
what are emergency diseases
Micheal Reply
There are nothing like emergency disease but there are some common medical emergency which can occur simultaneously like Bleeding,heart attack,Breathing difficulties,severe pain heart stock.Hope you will get my point .Have a nice day ❣️
_Adnan
define infection ,prevention and control
Innocent
I think infection prevention and control is the avoidance of all things we do that gives out break of infections and promotion of health practices that promote life
Lubega
Heyy Lubega hussein where are u from?
_Adnan
en français
Adama
which site have a normal flora
ESTHER Reply
Many sites of the body have it Skin Nasal cavity Oral cavity Gastro intestinal tract
Safaa
skin
Asiina
skin,Oral,Nasal,GIt
Sadik
How can Commensal can Bacteria change into pathogen?
Sadik
How can Commensal Bacteria change into pathogen?
Sadik
all
Tesfaye
by fussion
Asiina
what are the advantages of normal Flora to the host
Micheal
what are the ways of control and prevention of nosocomial infection in the hospital
Micheal
Got questions? Join the online conversation and get instant answers!
Jobilize.com Reply

Get Jobilize Job Search Mobile App in your pocket Now!

Get it on Google Play Download on the App Store Now




Source:  OpenStax, Introduction to business, management, and ethics. OpenStax CNX. Aug 14, 2016 Download for free at http://legacy.cnx.org/content/col11959/1.4
Google Play and the Google Play logo are trademarks of Google Inc.

Notification Switch

Would you like to follow the 'Introduction to business, management, and ethics' conversation and receive update notifications?

Ask