| A | B |
|---|
| negative right | a claim by one person that imposes a ‘negative’ duty on all others—the duty not to interfere with a person's activities in a certain area. |
| Example of a negative right | the right not to be killed when one is not doing anything wrong |
| positive right | rights that provide something that people need to secure their well being (sometimes called welfare rights) |
| Example of a positive right | the right to an education |
| legal rights | rights provided by law often in a congress or parliament and/or through a constitution |
| human (moral) rights | rights due to a person simply because of their humanity |
| human rights are more fundamental than legal rights | because law originates out of lawmakers ideas of what human rights are |
| if legal rights are considered most fundamental | then violations of human rights by bad law would leave no recourse for changing civil law |
| Malala Yousafzai's struggle for education for girls can be seen from the perspective of two kinds of rights | interest theory of rights and the will theory of rights |
| The interest theory of rights applies to Malala's case | in that the basic good of knowledge is protected and promoted in this view, esp. as explained by natural law advocate John Finnis |
| The will theory of rights applies to Malala's case | because of the emphasis on carrying out one's will unimpeded--the freedom or choice to have an education is the focus |
| Brittany Maynard's efforts to have assisted suicide | was supported by the will theory of rights, which would maintain that she should have the freedom or choice to do what she wants with her own life |
| was disapproved by the interest theory of rights because the basic good of life is to be protected and promoted | Brittany Maynard's desire for assisted suicide |
| the will theory of rights | emphasizes the right of someone to have their will carried out as he/she wishes; no one should interfere with their will--their freedom or choice to do what they want (as long as it's not hurting anyone) |
| the interest theory of rights | maintains there is an interest in protecting basic goods belonging to our humanity, such as described by natural law theorist John Finnis in his book Natural Law and Natural Rights |
| Finnis' list of basic goods includes those of Aquinas and goes beyond | to include other ones like the value of play and aesthetic experience |
| John Rawls | thought we could come up with just laws if we imagined ourselves behind a veil of ignorance in which we didn't know what position or situation we were in within society |
| social contract theory | an agreement or contract between rulers and ruled about behavior in society |
| Hobbes thought human nature was basically bad | and a social contract was made with the State in which freedoms were given up in exchange for security |
| Locke thought human nature was basically good | and a social contract was made with the State to foster advancement in economics, cultural achievements, etc. |
| Rawls' theory of justice | involved going behind a "veil of ignorance" in an "original position" |
| In Rawls' original position | one did not know what demographic characteristics one had and would thus seek to create just laws for all |
| Weakness of Rawls' view | In some cases there would be disagreement about what laws would be best for someone with a given set of circumstances |
| Strength of Rawls' view | It is an advance over utilitarianism in that the majority cannot benefit at the expense of the minority |
| Example of weakness in Rawls' view | there would be disagreement over controverisal issues such as whether a law should allow taxpayer funding of an abortion for an impoverished woman who seeks an abortion but can't pay for it |
| Those in favor of repealing the Hyde Amendment | would advocate for taxpayer funding of abortions just like there is taxpayer funding of education |
| Those in favor of keeping the Hyde Amendment | would say taxpayers should have a right not to have to pay for abortions they deem ethically wrong |
| Example of strength of Rawls' view | Racial discrimination would not be allowed by the majority against the minority because of creating just laws/policies in the orignal position |
| Example of strength of Rawl's view | Education would be taxpayer-funded because not only the wealthy should be educated, according to the original position. |
