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 Duty
1. 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 degree
Weaker
Stronger
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.