finals lesson 1

• what are rights? 


  legal, social or ethical principle of freedom or entitlement
• it allows every individual to have a good life

  human rights
• declarations, institutions and conventions of rights

  1. universal declaration of human rights (1948)
  2. European convention on human rights (1954)
  3. international covenant of civil and political rights (1966)
  4. international bill of rights
  5. public authorities or government that the individual is subjected to
• However, human rights does not provide an intensive account of morality. (does not prohibit lying– morally wrong)
• what are moral rights?

  guaranteed to any humans because they are humans
• it is nonenforceable by law, does not depend on the law, represents natural law, and is grounded in moral reasons

  moral rights
• what are legal rights?

  granted by the legal system
• it is mandated by the law


  legal rights
• represents positive law, derived from the laws of society found in legal codes


  legal rights
• right theories

  1. legal positivism
  2. the interest theory
  3. natural law
  4. the human rights doctrine
  5. the will theory
• only rights that exist are blank rights that exists in the legal system

  legal rights
• he is a legal philosopher who believes in the inexistence of human rights before it was codified.

  Jeremy Bentham
• Under legal positivism moral rights– are moral claims that can only be espoused within the law
• Relies on philosophical claims that moral order exists and applies to everyone, or the moral universalism.

  human rights doctrine
• is the existence of human rights not conditional with legal recognition?

  true
• it cannot be reduced or exclusively identified with legal rights and vice versa. It is both a moral and legal right.

  human rights doctrine
• originated as moral rights and its existence may be validated if one believes in the concept of moral rights

  human rights
• if an individual has the right to something, then someone has a duty to provide.

  interest theory
• proposed the interest theory

  John Bentham
• interest theory is also called what?

  benefit theory
• he believes that if an individual has right and all other things are held equal, his interest is sufficient reason to hold anyone accountable

  Joseph Razz
• it is the interest of a person to have what? in order to hold someone else accountable

  sufficient reason
• developed by Hart, who supports Kant's argument on that freedom is the most basic right 


  will theory
• an individual's right to something means that the individual has a control over the free will of another. 


  will theories
• right theory is also known as what?

  choice theory