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The Nature & Ambiguity of Rights

Module 20

Unit 5: Deontological Approaches

Man holding an award for Human Savior of the Week.

Photo: Colleen Hayes / NBC.

The hallmark of Deontological approaches are constraints that limit how we may treat each other. Now many Deontologists believe that such constraints are the natural consequence of respecting the rights of others. But what is a right? What does it mean to have one? Who is obligated to respect them? What must they do to respect them? In this module, we will consider such questions, which in turn, will raise even more questions!

In doing all that, we have 3 learning outcomes. At the end of this module, you will be able to…

  1. Differentiate the elements of a rights claim along with the different forms such a claim may take,
  2. Identify the different categories to which a right may belong, and
  3. Reflect on what rights you may have along with what they may entail from others.

Read & Annotate This:

The Universal Declaration of Human Rights &
Rights

The Universal Declaration of Human Rights by the United Nations General Assembly and
					      Rights by Shelly Kagan

Context

The Universal Declaration of Human Rights (United Nations General Assembly, 1948) was the result of over two years of deliberation. Based upon ideals of dignity, equality, and freedom, it provides an extensive lists of the rights that the signatory states thought ought to be protected for all persons.

I have included (in the optional “Curious for More?” section below) a nice little video that the United Nations (2018) posted on the 70th anniversary of the Universal Declaration of Human Rights.

In this excerpt from his book on ethics, the American philosopher Shelly Kagan (1998) expresses the concern that the nature of rights—like those contained in the Universal Declaration of Human Rights—is often difficult to fully understand and articulate. That is, it is not always clear what a given right entails and/or who is actually obligated to ensure that right is protected and fulfilled.

Reading Questions

As you read, keep these questions in mind:

  1. Generally speaking, what does it mean to have a right? For instance, why might it make more sense to say that an animal has rights than a table has rights?
  2. How does Shelly Kagan characterize the differences between the following kinds of rights?
    A. General versus special rights,
    B. Negative versus positive rights, and
    C. Natural versus conventional rights.
  3. Must rights be absolute? What four or five other properties does Kagan suggest are often also ascribed to rights?
  4. How does Kagan’s discussion of all these issues substantiate his claim that “talk of rights… is horrendously ambiguous” (1998, p. 170)?

Although I strongly suggest that you write out brief answers to these questions, you do not have to turn in written responses. You do, however, need to be prepared to answer questions like these on module quizzes and the unit exams.

References

Kagan, S. (1998). Rights. In Normative ethics (pp. 170–177). Westview Press.

United Nations. (2018, December 7). The Universal Declaration of Human Rights - Add Your Voice [Video]. YouTube. https://www.youtube.com/watch?v=RBiA_7yU0nc

United Nations General Assembly. (1948, December 10). The universal declaration of human rights (Resolution 217 A).

Watch This:

Video 1

Ethics! Module 20, Video 1. Introduction to Module 20.

Video 2

Ethics! Module 20, Video 2. Having Rights.

Video 3

Ethics! Module 20, Video 3. Having a Right to Something.

Video 4

Ethics! Module 20, Video 4. General and Special Rights.

Video 5

Ethics! Module 20, Video 5. Positive and Negative Rights.

Video 6

Ethics! Module 20, Video 6. Conventional and Natural Rights.

Video 7

Ethics! Module 20, Video 7. Inalienable Rights.

Video 8

Ethics! Module 20, Video 8. Final Questions About Rights.

Do This:

Module 20 Quiz

Module 20 quiz. Due November 11

Due: November 11

Curious for More? (Optional)

United Nations personnel recite some articles from the Declaration.