Rightsbased Ethics: Contractarianism

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Rights-based EthicsContractarianism

• Rels 300 / Nurs 330
• 17 sep 08

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2 Kinds of Rights

• Negative rights
• Rights of noninterference
• Things which you should not be deprived of
• Something which someone else should not prevent
  you from seeking
• Positive rights
• Rights to receive something concrete
• Things which are owed to you and others
• Rights to something which meets a basic human need

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NEGATIVE RIGHTS

• Liberty rights or negative rights
• right to non-interference
• allowed to pursue own legitimate interests
• legitimate interests do not violate other
  peoples personal interests
• autonomy, privacy, freedom of speech
• freedom from harassment, confinement, unwanted
  medical treatment

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POSITIVE RIGHTS

• Welfare Rights or Positive Rights
• right to receive basic social goods
• education, medical care, police protection
• duty of govt to provide these basics to their
  citizens
• minimal standard of living
• minimal standard of health

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HEALTHCARE

• a liberty/negative right OR
• a welfare/positive right?
• emphasis on autonomy ? liberty rights.
• emphasis on provision of basic health care
  services ? welfare rights
• does euthanasia involve a liberty or a welfare
  right?
• do reproductive services involve a liberty or
  welfare right?

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John Rawls theoriginal position

• Rawls says that just societies meet both negative
  and positive rights.
• Any rational person would choose to live in a
  society in which all persons could have as much
  happiness and freedom as possible
• IF they were unsure about their
• Social, economic status
• Race, gender, class
• Intelligence, bodily strength, psychological
  health

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Veil of Ignorance

• Given the task of constructing the just society
  without knowing your
• age, height, weight, skin colour
• gender, strengths, weaknesses
• race, class, wealth, religious beliefs
• what positive / welfare rights would you seek?
• which negative / liberty rights would you ensure?

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From this original position

• Rawls concluded that everyone would benefit from
  constructing a just society.
• What would this mean?
• Each person has a right to have their basic needs
  met by the society.
• Personal liberty would only be restricted in
  order to provide similar personal liberty for
  everyone else.
• Social, class and economic structures would allow
  everyone to benefit.

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A just society

• To what extent do you believe that Canada has a
  just society?
• What negative / liberty rights do we enjoy?
• What positive / welfare rights do we enjoy?
• Are there unjust restrictions on our liberty
  rights?
• Are there unjust gaps in our welfare rights?

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Analyze this case according to rights

• Rosanna and Mauro Della Corte lost their only son
  at age 17 in a terrible car accident. They tried
  to adopt another son, but in vain. They are now
  ages 62 and 63. Rosanna consults with fertility
  specialist Dr. Antinori at his clinic in Rome.
  Would he be able to artificially inseminate and
  induce pregnancy in Rosanna so that they can have
  another son?
• Are there positive or welfare rights that could
  be asserted in this case?
• What negative or liberty rights might be relevant
  to this case?