Lesson III - Kant and Right Theory

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Lesson III: Kant

and Right Theory


Samaniego, Rhea Mae
Mendoza, Joana Rose
Tuscano, Rizza
Sub-Topics

1. Kantian Ethics
1.1 Good will
1.2 Categorical Imperative
2. An analysis of Kantian Ethics
3. Rights Theory
4. Legal vs. Moral Rights
1. Kantian Ethics
Immanuel Kant
(1724-1804)

A German thinker
regarded by many as
the most significant
philosopher in the
modern era.
KANTIAN ETHICS

Kant categorically rejects For, him, FEELINGS even serve as


that ethical judgements are obstructions to our discernment
based on feelings. of right and wrong
KANTIAN ETHICAL THEORY

Ethical theory instead bases


moral judgements on REASON
alone.

REASON , for Kant, is what deems


an action ethical or not.
1.1 GOOD WILL

Kant believes that when we wish to determine the moral


status of an action, we consult reason.

An act either accords with reason or it does not. If it accords


with reason, we must do it, if not, we must avoid it.

Kant believes that one of the functions and capacities of


our reason is to produce a will which is good not as a
means to some further end, but good in itself
GOOD WILL

It is the highest good/ virtue.

Kant does not agree with many ethicists that HAPPINESS is


the summum bonum or the biggest good.

HAPPINESS
For him, it can be corrupting and may be worthless or even
positively evil when not combined with a good will.
In the same way, intellectual eminence, talents, character,
self control, and fortune cannot be intrinsically good for
they can be used to bad ends.

“ Who is a good person or a person of good will?”


It is the person who acts from a sense of duty.

Kant thinks that acting from a sense of duty means


exhibiting good will even in the face of difficulty.
It must be an act done not from inclination but from a
sense of duty dictated by reason.

Inclination
refers to the feelings that pushes to select a particular
option or make a particular decision.

Sense of duty
Is that which we ought to do despite our inclination to do
otherwise.
Normally, people performs the acts which please them or
which they desire to do.

For Kant, these actions determined by desires , appetites


and the like have no moral worth.

We act morally only when we restrain our feelings and


inclination and do that which we are obliged to do
Acting morally entails acting from the motive of duty
regardless of the consequences that doing so or not doing
so will bring

Morality is essentially connected with duties and


obligations.
1.2 Categorical Imperative

It is the supreme principle of morality.

Morality means acting in accordance with the categorical


imperative otherwise, it is non-moral or immoral
What is Categorical Imperative?

Command

2 Types of Imperative

1. Hypothetical Imperative - Conditional command

2. Categorical Imperative - Absolute command


2. An analysis of Kantian Ethics

Many who have read and understood Kant's ethical


system find it sensible and plausible. In fact, when we try
to prove that one's particular action is unethical and ask
him, "What if everybody behaved as you do?", we are
actually advocating Kant's 'universalizability' formulation
of the categorical imperative.
● Kant's view is a rule-bound moral philosophy that puts a
premium on rules rather than on humans.
● Kant favors motive and consequences as having
moral worth.
● Kant's theory differs from that of Aristotle in that a
moral act involves being contrary to someone's
feelings, natural inclinations, and wishes.
Key Concepts of Kantian Ethics:

● Categorical Imperative: The central principle of Kantian


ethics is the categorical imperative, which requires
individuals to act according to moral rules that could
be universally applied without contradiction.

● Good Will: Kant argues that the moral worth of an


action depends on the motive behind it.

● Moral Duties: Kant proposes that individuals have


certain moral duties that are binding in all
circumstances.
Strengths of Kantian Ethics:

● Universalizability: it emphasis on the categorical imperative


and the idea of treating others as ends in themselves allows
for moral principles to be applied universally.

● Emphasis on Rationality: Kantian ethics prioritizes rationality


and reason as the basis for moral judgment.

● Respect for Autonomy: Kantian ethics values individual


autonomy and emphasizes the importance of respecting the
rational capacity and dignity of every person.
Weaknesses of Kantian Ethics:

● Lack of Flexibility: Critics argue that Kantian ethics can be inflexible


in its approach, as it relies on strict adherence to moral rules
without considering particular circumstances or context.

● Overemphasis on Intentions: Kantian ethics places significant


importance on the motive or intention behind an action, rather than
considering the consequences.

● Lack of Guidance in Moral Dilemmas: Kantian ethics may struggle


to provide clear guidance in situations where moral duties conflict
or when faced with moral dilemmas.
3. Rights Theory
In law, Immanuel Kant proposed the principle of rights. He saw a
distinctive correlation, yet difference, between the intent of the
law and the enforcement of law.

Kant's principle of rights theory states that government must have


the right intentions to make and enforce laws, and that war
should be morally justifiable if the intention is right in relation to
human rights.
Rights Based Ethics is a broad moral theory in which
Kant's principle of rights theory is included.

The concept of rights based ethics is that "there are some rights,
both positive and negative, that all humans have based only on the
fact that they are human. These rights can be natural or
conventional.
Examples of Rights Based Ethics System include the following
a. The right to life
b. The right to liberty
c. The right to pursue happiness
d. The right to a jury trial.
e. The right to a lawyer
f. The right to freely practice a religion of choice
g. The right to express ideas or opinions with freedom as an individual
h. The right of individuals or organizations to express opinions or share
information freely in written medium
i. The right to come together and meet in order to achieve goals
j. The right to be informed of what law has been broken if arrested
k. The right to call witnesses to speak on one's behalf if accused of a crime
1. The right of a person to be treated with respect and dignity even after beign
found guilty of a crime
m. The right to freely live and travel within the country
n. The right to work
o. The right to marry
P. The right to bear children
9. The right to free education
r. The right to join any peaceful parties or groups of choice
s. The right to be free from slavery
t. The right to not be tortured
u. The right to be treated as equal to others
v. The right to be considered to be innocent until proven
guilty
w. The right to personal privacy.
x. The right to own property
4. Legal vs. Moral Rights

LEGAL RIGHTS

● are the rights that are 'on the books

● Embody the conventional positive law


● Denote all the rights found within existing
legal codes. As such, they enjoy the
recognition and protection of the law.
MORAL RIGHTS
● refer to what ought to be
● represent the natural law
● Are rights that "exist prior to and
independently from their legal counterparts.
The existence and validity of a moral right is
not deemed to be dependent upon the actions
of jurists and legislators"

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