5 Different Justifications for Human Rights
Institutional-ism/Morally wrong Institution
Interests/Too many, conflicting
Intrinsic worth or dignity of humans/Begs the question
Veil of ignorance/Circulaity
Claim right---correlative---->Duty :star:
Life, physical integrity mental equalibrium
Abilities and educations necessary to maintain undiminished one's level of purpose fulfillment
Abilities and conditions regained for increasing one's level of purpose fullfillment
Indirect (on institution)
Procedural (protect consent)
Optional (consent to be in voluntary organizution
Necessary (consent to the decision procedures of government)
Instrumental (support the well-being of all persons)
Static (criminal law with one process to prevent violations of rights)
Dynamic (Education, well-being, health care, decent standard of living, all to protect rights in the long run)
Inc. consent personal autonomy privacy
Direct (on individuals)
3 Criteria for Resolving Conflicts of Rights
The criteria stem from the PGC's central requirement that these must be mutual respect for freedom and well-being among all prospective purposive agents
1.Prevention or removal of transnational inconsistency: A transactional inconsistency occurs when one person or group is about to violnte the generic rights of another
2.In revolving conflicts of rights at different levels, take account of the degree of needfulness for action
Basic Structure of Rights
has a right to
by virtue of
In Personam(in the person)
In Rem(in the thing)
3."My freedom and well-being are necessary goods."
4."I have rights to freedom and well-being."
prudential rights claim
5.First, "I recognize that my for freedom and well-being the sole basis upon which I made my rights claim."
E.g. of principle of sufficient reason
But this means "I recognize that any agent who seeks to do
for the purpose
could make the same claim."
E.g. of principle of universalizability
Thus, "If I denied these same rights, to my fellow agent, I would be denying rights that I affirm on the same basis for myself."
8.Act in accord with the generic rights of your recipients as well as myself.
Principle of Generic Consistency (PGC)
3a."I must have freedom and well-being
4a."I deny I have rights to freedom and well-being."
5a.This means"I have to deny all other persons ought(at least) to refrain from removing or interfering with my freedom and well-being
6a.But this means "I must accept that I may not have (i.e., It is permissible I not have freedom and well-being."
6a. contradicts 3a.
If I want
, then I should do
" is a
"I should do
" is a
I should do