Utilitarianism and Moral Rights

1982 ◽  
Vol 14 (1) ◽  
pp. 1-19 ◽  
Author(s):  
R.B. Brandt
Keyword(s):  
Free Speech ◽  
John Stuart Mill ◽  
Moral Rights ◽  
Human Beings ◽  
Special Relation ◽  
Logical Problem ◽  
The Government ◽  
Special Rights ◽  
In Virtue Of ◽  
Freedom Of Action

Virtually all philosophers now agree that human beings - and possibly the higher animals - have moral rights in some sense, both special rights against individuals to whom they stand in a special relation (such as a creditor's right to collect from a debtor), and general rights, against everybody or against the government, just in virtue of their human nature. Some philosophers also think, however, that anyone who is a utilitarian ought not to share this view: there is a fundamental incompatibility between utilitarinism and human rights. Most utilitarians, of course, have not thought there is such an incompatibility. John Stuart Mill, for instance, espoused utilitarianism at the same time that he defended rights to free speech and freedom of action except where it injures others. In what follows I wish to explore some reasons recently put forward to show that the utilitarian who wishes to affirm that there are moral rights faces a serious logical problem; and I shall argue that further analysis shows the alleged difficulty is unreal.

Human rights

2018 ◽  
Author(s):  
Peter Jones
Keyword(s):  
Human Rights ◽  
Cultural Difference ◽  
Legal Status ◽  
Natural Rights ◽  
Moral Rights ◽  
General Idea ◽  
Human Beings ◽  
Special Position ◽  
Domestic Law ◽  
In Virtue Of

Human rights are rights ascribed to human beings simply as human beings. While people may possess some rights only if they occupy a special position or role, such as citizen, doctor or promisee, the claim of human rights theory is that there are other rights that everyone possesses merely in virtue of being human. Historically, the idea of human rights is closely associated with that of natural rights and both of these sorts of right have been conceived, in the first instance, as moral rights. However, since the United Nations promulgated the Universal Declaration of Human Rights (UDHR) in 1948, human rights have been elaborated and provided for in a host of international declarations and conventions and in the domestic law of many states, so that human rights now frequently have a legal or quasi-legal status. The general idea of human rights has been very widely accepted, but there is disagreement over which rights are human rights, over how these rights should be justified, and over their absolute or defeasible status. The difficulty of combining the universality of human rights with respect for cultural difference is also a major preoccupation of both proponents and critics of human rights.

Utility and the Basis of Moral Rights: A Reply to Professor Brandt

1982 ◽  
Vol 14 (1) ◽  
pp. 21-30 ◽  
Author(s):  
Claudia Card
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
A Priori ◽  
Moral Rights ◽  
Human Beings ◽  
In Virtue Of

Is it true that utilitarianism can accommodate the modern belief that human beings have certain moral rights against everybody ‘just in virtue of their human nature?’ I should have thought the most a utilitarian could grant was that we had rights just in virtue of the utility of respecting such rights, not just in virtue of our human nature. In fact, that is more like the view Professor Brandt actually supports. What he argues is that there is not the a priori difficulty with the idea of utilitarian moral rights that some philosophers have thought there was. However, I think the possibility of utilitarian moral rights is not the same as the view that we all have human rights against everybody just in virtue of our human nature. As I hear it, ‘just in virtue of our human nature’ is an alternative to a utilitarian basis for rights. I'll return to that.

Determinants of Trading Decision: An Experiential Examination

GIS Business ◽  
2018 ◽  
Vol 13 (1) ◽  
pp. 1-9
Author(s):  
Gunjan Sharma ◽  
Tarika Singh ◽  
Suvijna Awasthi
Keyword(s):  
Stock Market ◽  
Capital Markets ◽  
Capital Market ◽  
Capital Mobility ◽  
Influential Factors ◽  
Herd Behavior ◽  
Human Beings ◽  
The Past ◽  
The Government ◽  
Indian Stock Market

In the midst of increasing globalization, the past two decades have observed huge inflow of outside capital in the shape of direct and portfolio investment. The increase in capital mobility is due to contact between the different economies across the globe. The growing liberalization in the capital market leads to the growth of various financial products and services. Over the past decade, the Indian capital market has witnessed numerous changes in the direction of developing the capital markets more robust. With the growing Indian economy, the larger inflow of funds has been fetched into the capital markets. The government is continuously working on investor’s education in order to increase retail participation in the Indian stock market. The habits of the risk-averse middle class have been changing where these investors started participating in the Indian stock market. It is an explored fact that human beings are irrational and considering this fact becomes imperative to investigate factors that influence the trading decisions. In this research, ‘an attempt has been made to investigate various factors that affect the individual trading decision’. The data has been collected from various stockbroking firms and from clients of those stockbroking firms their opinions were recorded by means of a questionnaire. Data collected through the structured questionnaire, 33 questions were prepared which was given to the 330 respondents on the basis of convenience sampling out of which 220 individuals filled questionnaire, the total of 200 questionnaires was included in the study after eliminating the incomplete questionnaire. Various factors are being explored from the literature and then with the help of factor analysis some of the most influential factors have been explored. Factors like overconfidence, optimism, cognitive bias, herd behavior, advisory effect, and idealism are the factors which influenced the trading decision of the investors the most. Such kind of a study is contributing in the area of behavioral finance as a trading decision is an important aspect while investing in the stock market. And this kind of study would be helping and assisting financial advisors to strategies for their clients in making the right allocation and also the policy maker and market regulators to come up with better reforms for the Indian stock markets.

Provision of Security Services in Public Secondary Schools in Enugu East L.G.A. of Enugu State.

2019 ◽  
pp. 172-176
Author(s):  
Otegbulu M. I. ◽  
Ezeagu A. Agbo ◽  
Agbo Genevieve N.
Keyword(s):  
School Environment ◽  
School Administrators ◽  
Teaching Staff ◽  
Human Beings ◽  
Security Threat ◽  
Culture Of Learning ◽  
Learning And Teaching ◽  
Security Issues ◽  
Security Services ◽  
The Government

Security is pre-requisite for the development of human beings and the society. It is a pre-condition for the survival, development and advancement of individuals and groups. The school is an organization that needs to have a planned safety rules and regulations to protect it components so that the culture of learning and teaching is enhanced. Security threat within the school environment could hamper the peaceful atmosphere in the school, and disrupt academic exercises and panic among the personnel in the school. The government, security agents, parents, school administrators and the community has a lot of role to play to make school environment safe and conducive. However, security gadgets and apparatus should be provided to nip these issues in the bud, as well as train the teaching and non-teaching staff on security issues.

Water Pollution and Its Impact on Environment of Society

2016 ◽  
Vol 3 (5) ◽  
Author(s):  
N. Thyagaraju
Keyword(s):  
Water Pollution ◽  
Pollution Prevention ◽  
Human Beings ◽  
Individual Level ◽  
The Public ◽  
The Government ◽  
Living Organisms ◽  
Set Up ◽  
Biological Entities ◽  
Micro Organisms

The present seminar paper mainly highlight  the concept of  water pollution, causes of water pollution,  Its Effects, Elements of  pollutants, Methods  used to prevent the water pollution in environment  and the mandatory initiatives taken by the concerned authorities for prevention of  water pollution. Water   is essential for survival of all living organisms on the earth. Thus for human beings and plants to survive on land, water should be easily accessible. The term “Pollution” is generally refers to addition of any foreign body either living or non – living or deletion of anything that naturally exists. The basic Sources of Water pollution causes due to Culmination into lakes, rivers, ponds, seas, oceans etc. Domestic drainage and sanitary waste, Industrial drainage and sewage, Industrial waste from factories, Dumping of domestic garbage, Immersion of Idols made of plaster of Paris, Excess use of Insecticides , pesticides, fungicides, Chemical fertilizers, Soil erosion during heavy rains and floods, Natural disasters, tsunami etc. General pollutants  which are also caused for water pollution  which include Organic, Inorganic, and Biological entities, Insecticides, Pesticides, Disinfectants ,Detergents, Industrial solvents, Acids, Ammonia fertilizers, heavy metals, Harmful bacteria, Virus, Micro –Organisms and worms, Toxic chemicals. Agricultural lands become infertile and thereby production also drops, Spread of epidemic diseases like Cholera, Dysentery, Typhoid, Diarrhea, Hepatitis, Jaundice etc. The  basic responsibility of the Government, NGOs, National Pioneer scientific Research Institutions may conduct  research oriented programs on control of water pollution by create  awareness among the public through mass media and Environmental Education on recycling units,  and  water treatment plants must be established both at domestic levels and Industry levels, Every citizen must feel responsible to control water pollution. There have been many water pollution prevention acts that have been set up by the governments of the world. But these are not enough for permanent water pollution solutions. Each of us needs to take up the responsibility and do something at an everyday at individual level. Otherwise we can’t survive in a society forever in a future. 

scholarly journals Fish Value Chain and Its Impact on Rural Households’ Income: Lessons Learned from Northern Ethiopia

2018 ◽  
Vol 10 (10) ◽  
pp. 3759 ◽  
Author(s):  
Abebe Alemu ◽  
Hossein Azadi
Keyword(s):  
Sex Education ◽  
Value Chain ◽  
Rural Households ◽  
Lessons Learned ◽  
Northern Ethiopia ◽  
Productive Capacity ◽  
Human Beings ◽  
Significant Difference ◽  
Aquatic Food ◽  
The Government

These days, one of the global challenges is the growing demand for food. To be more specific, seafood bases play a key role in filling the nutritional requirements of human beings. In Africa (Ethiopia) the public expenses to improve productive capacity in aquatic food are increasing. Additionally, the expenses in dams and in fishers’ capacity building have increased households’ engagement in the fishery sector in Ethiopia. Cooperatives’ productive capacity has been strengthened by the government and other non-government organizations with the supply of fishing boats, refrigerators, fish nets and other office supplies. However, the effect of such public expenses in bringing changes in the households’ livelihood and welfare has never been assessed in this study area. This paper aims to investigate what motivates the households to fish and assess the effect of fisheries on the households’ livelihood and welfare. A structured survey consisting of 313 rural households was administered using trained enumerators in two kebeles located close to the Tekeze dam, Northern Ethiopia. The result indicates that socioeconomic characteristics, such as age (young), sex, education, and active family size were driving the households to fishing. Access to market and access to support are driving farmers to fisheries. There is a significant difference in fishing households’ income which is higher than non-fishing households. The results also indicate that there are lesser income inequalities among fishery households operating in cooperatives compared to private fishery households.

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals PERLINDUNGAN HUKUM HAK CIPTA TERHADAP LOGO INSTANSI PEMERINTAH DIHUBUNGKAN DENGAN PRINSIP ALTER EGO

2020 ◽  
Vol 2 (1) ◽  
pp. 95-114
Author(s):  
Mahadiena Fatmashara ◽  
Muhamad Amirulloh ◽  
Laina Rafianti
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Moral Rights ◽  
The Other ◽  
Government Agencies ◽  
Economic Rights ◽  
Natural Right ◽  
Commercial Activities ◽  
The Government ◽  
Alter Ego

ABSTRAKSalah satu instansi pemerintah di Jawa Barat, menggunakan logo yang diciptakan oleh pegawai dari instansi tersebut. Pembuatan logo tidak diperjanjikan khusus, sehingga pencipta tidak mendapatkan royalti (materiil dan ekonomi). Hal tersebut menarik untuk dikaji mengenai Implementasi Prinsip Alter ego yang berkaitan pada hak cipta seseorang yang mengakui pencipta sebagai pemilik hak tertinggi. Pencipta memiliki hak alamiah untuk memanfaatkan ciptaannya dan mempertahankan ciptaannya terhadap gangguan apapun dari pihak lain. Metode penelitian yang digunakan dalam penulisan ini bersifat deskriptif analitis guna memperoleh gambaran peraturan perundang-undangan yang berlaku dikaitkan dengan teori-teori hukum dan praktek pelaksanaan hukum positif. Pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif, dengan cara meneliti bahan pustaka yang disebut data sekunder yang terdiri dari bahan hukum primer, literatur-literatur, artikel-artikel, pendapat dan ajaran para ahli serta implementasinya dalam praktek. Apabila dilihat pada Pasal 35 ayat (1) dan (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta tidak terpenuhi. Meskipun instansi pemerintah tidak bertujuan untuk kegiatan komersial. Namun hak moral dan hak ekonomi hakikatnya wajib dilaksanakan sesuai dengan prinsip perlindungan Hak Kekayaan Intelektual. Perlindungan Hukum terhadap pencipta atas logo tetap harus diakui. Kata kunci: alter ego; hak cipta; hak moral; logo; instansi pemerintah. ABSTRACTOne of the government agencies in West Java, using a logo created by employees of the agency. Logo creation is not specifically promised, so creators do not get royalties (material and economic). It is interesting to review the Implementation of Alter ego Principles relating to the copyright of a person who recognizes the creator as the owner of the highest right. The Creator has the natural right to utilize his creation and defend his creation against any interference from the other party.The research methods used in this writing are analytically descriptive to obtain an overview of the prevailing laws and regulations associated with legal theories and the practice of implementing positive laws. The approach used in this study is normative juridical, by examining library materials called secondary data consisting of primary legal materials, literature, articles, opinions, and teachings of experts and their implementation in practice.If viewed in Article 35 paragraph (1) and (2) of Law No. 28 of 2014 on Copyright is not fulfilled. Although government agencies do not aim for commercial activities. But moral rights and economic rights must essentially be implemented in accordance with the principles of intellectual property protection. Legal protection of creators over logos must still be recognized.Keywords: alter ego; copyright; government agencies; logo; moral rights.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

Sign in / Sign up

Export Citation Format

Share Document