CE Topic 3 Kantian Theory and Theory of Rights and Justice

8/13/2019 CE Topic 3 Kantian Theory and Theory of Rights and Justice

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Kantian Ethics, Rights, and

Virtue

Topic 3


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An Ethic of Duty

An Action is morally RIGHT if ONLY if the actor is motivated by a GOOD

WILL .

Its NOT a matter of the individualweighing up consequences .


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Good will ...

Nothing is good in itself except a good will.Goodness of the will depends on the use of them.

E.g. some students are smart in using computer,hacked through the universitys security system.

Intelligent and courageous but for the WRONGreason.


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Then, how what ...

#!*%^@

Do we determine our duty?Makes an act morally right?


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Kants ...

Utilitarianism scores that results willdetermine the moral judgement. But Kant

believed that reasons alone can give us theabsolute moral truth and discover our senseof duty.

He championed for the Categorical =Absolute Imperative = Command


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1st Categorical ImperativeAct Only According To That Maxim By Which

You Can At The Same Time Will That ItShould Become A Universal Law.

His absolute moral truth must be logically consistent,free from internal contradiction.

I.e. Robin Hood act of stealing from rich give to poor is wrong, CANNOT say for a good cause!


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In understanding the First Categorical Imperative

Maxim is defined as saying that expresses a general truthor rule of behaviour.

( Source: Oxford Dictionary)

Will = uniquely human capacity to act from principle.

Action done for rational principled reasons - from a senseof duty , if our act is from duty, our act has moral worth!


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In understanding the FirstCategorical Imperative.

Place ourselves in the shoes of the receiving party before acting. If the action is going to bring painrather than happiness to us, then the action is notethical.

Put aside our self interests.

An act is morally right if and only if we can will itto become a universal law of conduct.


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2nd Categorical Imperative

Act So That You Treat Humanity, Whether In Your OwnPerson Or In That Of Another, Always As An End and

Never As A Means Only.

Kants view is that people, unlike things, ought never to bemerely used.

I.e. employee may be hired for their labor, skills, knowledgeand abilities, but must always be treated with respect as a

person.


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In organizational context

3 points of applications:Categorical imperative gives us firm rules to follow inmoral decision making. No matter what theconsequences may be or who does it, some actions are

always wrong e.g. lying, cheating, greed etc.

Stress on importance of humanistic dimension , notusing / treat others (humans) as a means to an end but

as an end themselves.

Importance of motivation and acting on principles -sense of duty rather than self - interest.


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Critiques on Kants Theory

What exactly has moral worth? Because if an act isbased on self interest has no moral worth - many moraltheorists feel that Kant is too severe on this point.

Is the categorical imperative an adequate test ofrightness? Kant said moral rules are without exception.

What does it mean to treat people as means? It is notclear WHEN people are really being treated as endsand merely as means. Because at times we freely chooseto do it!


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Despite the critiques ...Kants ethics yield two important results: The principles of universalizability and respect for

persons.

Universalizability- the persons reasons for acting must be reasons that everyone could act on at least in principle.

Kantianism also provides strong foundation for rights .

Individual human rights must be acknowledged andinviolable.


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Group discussion:

Read case study Poverty and Pollutionand answer questions a, b and c.


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Learning outcomes

At the end of this lecture, students will beable to:

1. Define the concept of rights.2. Recognize the kinds of rights.3. Explain John Lockes Natural RightsTheory


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Any ethical theory must also give anaccount of the rights we have and also of

what is just or fair.

(Boatright JR, 2007)


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Rights

Rights play an important role in business ethics , as wellas all moral issues.

Employers, employees, consumers, general public,human, non-human each have our own rights.

United Nations adopted the Universal Declaration of Human Rights in 1948 which set forth basic humanrights for all people.


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Kinds of Rights

1. Legal and moral rights

2. Specific and general rights

3. Negative and positive rights

( Source: Boatright, J.R, 5 th Edition, page: 38 and 39)


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1. Legal and M oral r ights

- Legal - recognized and enforced as part oflegal system . E.g. the Employment Act 1955lays down provisions to protect workers.

- M oral rights that we ought to have out ofgeneral ethical rules and

principles . Do not depend

on the existence of legal system. Fore.g. as a student, you have the right tobe graded fairly.


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2. Specif ic and general r ights

Specific - involve identifiableindividuals or parties e.g. in

contracts . It creates mutual rightsor duties for these individuals or parties.

General - involves claims against everyone, or

humanity in general . E.g. Freedomof speech. Enforcement of this right restswith the whole community.


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3. Negative and Positive r ights

Negative - correlated with obligations on the part of others torefrain from acting in ways that interfere with our own freedom ofaction.

It relates to the right of human beings to be free from outside

interference. i.e. right to property, choice of religion, freedom frominjury and privacy.

Positive - impose obligations on other people to provide us withsome good or service and thereby to act positively on our behalf.

It reflects the vital interests that human beings have in receiving certain benefits . E.g. adequate health care, provision of childeducation., the right to a decent standard of living as proclaimed bythe United Nations 1948 Human Rights Charter.


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Natural rights

Relates to United Nations Universal Declaration of Human Rightsin 1948 which set forth basic human rights for all people.

Natural rights focuses on HUMAN RIGHTS .

These are rights that belong to all persons purely by virtue of beinghumans irrespective of race, sex, nationality, etc.

Two main features of human rights:

- Universality - possessed by everyone.

- Unconditionality - human rights do not depend on any particularpractices or institutions in society.


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Natural RightsThe idea of natural rights long been debated inhistory going back to the ancient Greeks, who heldthat there is a higher law that applies to all

persons everywhere and serves as a standard forevaluating the laws of the states.

Both Roman law and the medieval church adoptedthis idea and developed it into a comprehensivelegal theory.


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Natural Rights Theory

The most influential natural rights theory presented by John Locke (1633-1704) in his

famous Second Treatise ofGovernment(1690).

Locke began with the supposition of a stateof nature, which is the condition of human

beings in the absence of any government.


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John Lockes Natural Rights Theory Human beings have rights, even in the state of nature , andthat the justification for uniting into a state is to protectthese rights.

The most important natural right for Locke is the right to property.

Although the bounty of the earth is provided by God for the benefit of all, no one can make use of it without takingsome portion as ones own.

This is done by means of labour, which is a form of property.


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John Lockes theory cont..

Every man has property in his own person,

so [t] he labour of his body and the work ofhis hands are properly his.


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Learning outcomes

At the end of this lecture, students will beable to:

Explain Aristotles Virtue Ethics Theory. Recognize virtues to be emulated to lead agood life.


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Aristotles Theory of Virtue Ethics Asks: what kind of person should we be?

According to Aristotle, ethics enable us to lead successful rewarding lives - good life.

Virtue is a character trait that manifests itself

in habitual action . E.g. honesty cannot consistin telling the truth once; it is rather a trait of aperson who tells the truth as a general practice.


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According to Aristotle, moral virtues are habitsthat enable a person to live according to reason.

When a person knows and chooses a reasonablemiddle ground between going too far enough hisactions, emotions and desires, moral virtue . is a mean between two vices , one of excess and the

other of deficiency and .. it aims at hitting a mean in feeling (desires) and actions.


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How does one determine what is

reasonable?According to Aristotle, prudence is thevirtue that enables one to know what is

reasonable in a given situation.

Prudence being careful and sensible.


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Virtues that are universally accepted

as good.Honesty, sincerity, reliable, trustworthy,dependable, patience, prudence, benevolence (kind

and helpful), compassion, courage, courtesy,friendliness, moderation, self control, toleration.

Aristotle also included pride as well as shame asvirtues. We should be proud of ouraccomplishments ( not arrogant) and shame of ourfailures.


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Universally accepted bad values

Dishonesty, insincerity, unreliable,untrustworthy, undependable,

temperamental, arrogant.


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I n business ...Virtue ethics could be applied to business directly

by holding that the virtues of a good businessperson are the same as those of a good

person.

Business is a part of life why not apply goodvirtues of living in it? However, businesspeopleneed to engage themselves in business-relatedcharacter traits. E.g car ing, a good businessmanager must care for their employees and

customer but only to cer tain extent.


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Theories in ethics

Theories show what makes right actions rightthough what weve seen is that they are not

wholly incompatible.

All theories, however, championed for rights ofindividuals based on the principles of respect

for persons and agreement that certain virtuesare important to have.

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CE Topic 3 Kantian Theory and Theory of Rights and Justice