The Ethics of Duty and Rights

The Ethics of Duty More than any other philosopher, Kant emphasized the way in which the moral life was centered on duty.

Two Conceptions of Duty1. Duty as following orders

– The Adolph Eichmann model“I had known the Categorical Imperative, but it was in a nutshell, in a summarized form. I suppose it could be summarized as, ‘Be loyal to the laws, be a disciplined person, live an orderly life, do not come into conflict with laws’—that more or less was the whole essence of that law for the use of the little man.”– Duty is external– Duty is imposed by others

2. Duty as freely imposing obligation on one’s own self– The Kantian model– Duty is internal– We impose duty on ourselves

• This second conception of duty is much more morally advanced than the first.

Duty and Self-Interest• The example of Edmund G. Ross

– He voted against Jackson’s impeachment as a matter of duty

Junior Senator, Kansas

Universalizability and the Categorical Imperative

Central insight:

• What is fair for one is fair for all

Living by Rules• Most of us live by rules much of the time.

Some of these are what Kant called Categorical Imperatives—unconditional commands that are binding on everyone at all times.

Types of Imperatives

• Hypothetical Imperative:– “If you want to drive to UCLA from San Diego,

take the 405 freeway.”– Structure: if…then…

• Categorical Imperative– “Always tell the truth”– Unconditional/absolute, applicable at all times

Maxims

• Maxims, according to Kant, are subjective rules that guide action. – Relevant Act Description– Sufficient Generality

• All actions have maxims, such as, – Never lie to your friends.– Never act in a way that would make your parents

ashamed of you.– Always watch out for number one.

Categorical Imperatives:Universality

• “Always act in such a way that the maxim of your action can be willed as a universal law of humanity.”

--Immanuel Kant

Categorical Imperative:Publicity

• Always act in such a way that you would not be embarrassed to have your actions described on the front page of The New York Times.

--Probably not Bill Clinton

Exceptions

• Are exceptions possible for Kant?– Yes, as long as they can be consistently

universalized• Examples

– The Gestapo example• Can we universalize a maxim to deceive in

order to save innocent lives?

Categorical Perspective of Respect

• “Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.”

Kant on Respecting Persons• Kant brought the notion of respect to the

center of moral philosophy for the first time.• To respect people is to treat them as ends in

themselves. He sees people as autonomous, i.e., as giving the moral law to themselves.

• The opposite of respecting people is treating them as mere means to an end.

Using People as Mere Means

• Kant on suicide?

Treating People as Ends in Themselves

• What are the characteristics of treating people as ends in themselves?

– Not denying them relevant information– Allowing them freedom of choice

From Kant’s “Duty” to “Rights”

• From perspective of “rights-holder” a “right” is permission to exist, to act

• e.g., Absolute right to life

• From perspective of “rights-observer” a “right” is a claim – a duty or obligation

• e.g., Absolute obligation to protect life

Justifications of Rights• Declaration of Independence (1776)

We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness [DIVINE/SELF-EVIDENT]

• Declaration of the Rights of Man and the Citizen (1789) 1. Men are born and remain free and equal in rights. Social

distinctions may be founded only on the general good. 2. The aim of all political association is the preservation of the natural and imprescriptable rights of man. These are liberty, property, security, and resistance to oppression. [NATURAL]

• UN Univeral Declaraiton of Hman Rigths (1948)Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world, … [NATURAL]

What Rights Do We Possess?• Absolute rights• Matter of degreeWeaker Stronger

Right to Smoke

Right to Brea

the Unpollu

ted Air

Right to priv

ate propert

y

Right to liv

e

Right not to

be tortu

red

Treating People as Ends in Themselves

– Recognizing right to life– Not denying them relevant information– Allowing them freedom of choice– Permitting them resources to exercise

freedom of choice

Rights?

Who has Rights?• Living humans?

• Future generations?

• Animals?

• The Natural World (Trees)?

A Summing Up• Kant saw that morality must be fair and

evenhanded – does not play favorites.• Respecting other persons

The notion of treating persons as ends in themselves is central to much of modern ethics.