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05 Motivations, Duties, and Rights Figures and Tables
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Three Forms of Ethical Reasoning ApproachExample 1. Identity or character based She thought of herself as a caring person, so she realized that she has an ethical responsibility ("duty") to help her friend. 2. Motivation or principle-based He wants revenge, but realizes that he has a duty not to kill other people. 3. Outcome or consequence- based She believes that her action will make everyone happy, so she has an ethical obligation ("duty") to do it. 2
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Conceptual map 3
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W.D.Ross’s list of Prima facie duties 4
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Rights and correlative duties A correlative duty is a duty that agents owe to a right-holder because the right-holder has that right. If Miguel has a right that Lori do φ, then Lori has a correlative duty to do φ that she owes to Miguel. 5
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The harm principle limits negative rights and liberties 6
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A contract between Lori and Miguel consists of two promises. Lori offers to supply $100 (X) on condition (Y) that Miguel repays her $110 one year later. Miguel accepts by promising to fulfil the condition (Y) that he will repay Lori $110 one year later. Lori Miguel Offer: Promise to supply X on condition Y Acceptance: Promise to fulfill condition Y
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Ownership = bundle of negative rights (A.M. Honoré) 8
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Corporations Division of ownership in joint stock companies with limited liability: Shareholders and managers have different bundles of rights in the company’s assets. 9
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The firm as a nexus of legal interests 10
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Derivative and natural justifications for general moral rights 11
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Types of interests Not every interest justifies a right. It is difficult to say which interests are crucial and thus which interests require the protection of rights. 12
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Justifying moral rights 13
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