Module 7 Immanuel Kant and rights Theory

Course topic Kant and Rights Theory

Time allotment: ( for the week) ( Schedule e.g MWF,TTH)

Course objectives: Expected outputs:

At the end of the lesson you shall be able to;
1. articulate the duty ethical framework
2. differentiate legally right from morally right

Activity 1 Your Thoughts!

Direction. Read the passage below and answer the follow up question.

“The rights of every man are diminished

when the rights of one man are threatened.”
― John F. Kennedy

What is our thought on the passage, post your answer in LMS

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Kant’s Deontological Ethics
Who is Immanuel Kant?
Immanuel Kant (Prussia, 1724-1804) was one of the most
influential intellectuals in the field of political philosophy. Today,
justice systems in democracies are fundamentally based on
Kant’s writings. The philosopher’s work provides a compelling
account of a single set of moral principles that can be used to
design just institutions for governing society perfectly. The
United Nations, formed centuries after Kant’s first book was
published, is largely based on his vision of an international
government that binds nation-states together and maintains
peace (Corporate Finance Insittute, n.d.)

What is Kantian Ethics?

Figure 1 Immanuel Kant 1724-1804
sources wikepedia.com
Immanuel Kant ethics is an example of deontological moral
theory, wherein it focuses on duty, obligation and rights hence,
the rightness or wrongness of actions does not depend on their
consequences but on whether they fulfil our duty (Ruben Corpu
& Brenda Corpuz, 2020)

Some of the main questions that Kant’s ethics focuses on are questions of right and wrong:
What makes an action right or wrong? Which actions are we required by morality to perform?
Do consequences matter? Is it ever permissible to do something morally wrong in order to
achieve good consequences? Is it important to do actions with good intentions? And what are
good intentions? Some of Kant’s answers to some of these questions are complex, but as we
will see, he doesn’t think that consequences matter and thus good consequences cannot justify
wrong actions. He also thinks that intentions are important to the ethical evaluation of actions.

Kant believed that there was a supreme principle of morality, and he referred to it as The
Categorical Imperative, it determines what our moral duties are. Further, Kant believes that
morality must be rational. He models his morality on science, which seeks to discover universal
laws that govern the natural world. Similarly, morality will be a system of universal rules that
govern action. In Kant’s view, as we will see, right action is ultimately a rational action. As an
ethics of duty, Kant believes that ethics consists of commands about what we ought to do. The
word “imperative” in his categorical imperative means a command or order. However, unlike
most other commands, which usually come from some authority, these commands come from
within, from our own reason. Still, they function the same way: they are commands to do certain
actions.

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Types of Imperatives:

Hypothetical imperative

These imperatives command conditionally on your having a relevant desire. It is a

moral obligation applicable only in pursuit of a predetermined goal and is
independent of morality. (Rebus Community, n.d.)

E.g. “If you want to go to medical school, study biology in college.” If you
don’t want to go to medical school, this command doesn’t apply to you.

Another example, your father says, "if you are hungry, then go eat
something!" - if you aren't hungry, then you are free to ignore the command.

Categorical Imperative

These command unconditionally. Kant holds that our moral duties are driven by
categorical imperatives. According to Kant, categorical imperatives are
counterintuitive in the sense that even though human beings may be inclined to act
in self-interest, their actions must be driven by their duty to humanity. (Rebus
Community, n.d.)

E.g. “Don’t cheat on your taxes.” Even if you want to cheat and doing so
would serve your interests, you may not cheat.

What is the connection between morality and categorical imperatives?

Morality must be based on the categorical imperative because morality is such that you are
commanded by it, and is such that you cannot opt out of it or claim that it does not apply to you.
Kant wrote that “without rationality, the universe would be a waste, in vain, and without
purpose.” The only way to preserve such consciousness, which is unique to the universe or at
least the Earth, is by treating all humans as ends in and of themselves. It’s alright to eat food to
satiate hunger, but stealing is wrong as it deprives the owner of her private property (Corporate
Finance Insittute, n.d.)

How does the categorical imperative work? The categorical imperative has three different
formulations. That is to say, there are three different ways of saying what it is. Kant claims that
all three do in fact say the same thing, but it is currently disputed whether this is true.

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A. First formulation (The Formula of Universal Law): "Act only on that maxim through which
you can at the same time will that it should become a universal law [of nature]."

a) What is a maxim? A maxim is the rule or principle on which you act. For example, I might
make it my maxim to give at least as much to charity each year as I spend on eating out, or I
might make it my maxim only to do what will benefit some member of my family.

b) Basic idea: The command states, crudely, that you are not allowed to do anything yourself
that you would not be willing to allow everyone else to do as well. You are not allowed to make
exceptions for yourself. For example, if you expect other people to keep their promises, then
you are obligated to keep your own promises.

c) More detail: More accurately, it commands that every maxim you act on must be such that
you are willing to make it the case that everyone always act on that maxim when in a similar
situation. For example, if I wanted to lie to get something I wanted, I would have to be willing to
make it the case that everyone always lied to get what they wanted - but if this were to happen
no one would ever believe you, so the lie would not work and you would not get what you
wanted. So, if you willed that such a maxim (of lying) should become a universal law, then you
would thwart your goal - thus, it is impermissible to lie, according to the categorical imperative.
It is impermissible because the only way to lie is to make an exception for yourself.

B. Second Formulation. Always treat humanity, whether in your own person or that of another
never simply as a means but always at the same time as an end. Treating the another merely
as a means to an end means equating him to a mere instrument, a tool, an object which is cast
aside after use, or can be sold or exchange when no longer needed or has value only for as
long as it is useful. Such act makes one a “user” (Ruben Corpu & Brenda Corpuz, 2020)

Kant and Rights Theory

The principle of rights theory is the notion that in order for a society to be efficacious,
“government must approach the making and enforcement of laws with the right interntions it
respect to the end goals of the society that it governs (Jens Micah De Guzman Edna Aquino
et.al, 2017) The concept of rights based ethics is that “there are some rights, both positive and
negative, all humans have based only on the fact that they are human. These rights can be
natural or conventional.

According to Kant, the “universal principle of right” is that “an action is right it can coexist with
everyone’s freedom in accordance with a universal law, or if it on its maxim the freedom of
choice of each can coexist with everyone’s freedom in accordance with universal law (Ruben
Corpu & Brenda Corpuz, 2020)

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Legally and Morally Right. Accoring to Kant, an action is legally rights if it is at the same time
in acordance with universal law, that is in accordance with the categorical imperative. What is
legal is not always moral, there are circumstances that moral is not necessarily legal in a
particular country. (Jens Micah De Guzman Edna Aquino et.al, 2017)

Legal Rights
Legal rights denote all the rights found within the exiting legal codes. As such, they enjoy the
recognition and protection of the law. Legal right does not exist prior to its passing into law
and the limits of its validity are set by the jurisprudence of the body which passed its
legislation.

Examples of legal rights are those created by citizens of the state through the constitution or
promulgated by its law-making authority through creation of statues.

Right to Suffrage. The right to vote is not a natural right but it is a right created by
law. Suffrage is a privilege granted by the State to such persons or classes as are
most likely to exercise it for public good. This right is recognized in the Philippine
Constitution as a legal right.

Right to Receive Minimum Wage. The purpose of minimum wages is to protect

workers against unduly low pay which are regulated and monitored by laws created
by the law-making bodies.

Right of Citizenship. Citizenship is not a moral right but a legal right. It is more of
designation of an individual with regard to his membership in a politically organized
community.

Other examples are: right to form unions or associations, right to a lawyer, etc.

Moral Rights

Refer to the rights that “exist prior to and independently from legal counterparts. The
existence and validity of a moral right is not deemed to be dependent upon the actions of
jurists and legislators. There are already moral rights which are incorporated or written as
part of legal rights. However, not all moral rights may be considered as legal rights.

Example:

Right to Life. This is considered as a fundamental right that begins from the
inception of a human person. This right is recognized or guaranteed because of the
belief in the inherent dignity and worth of every human person. This may include right
to be free from slavery, right to not be tortured.

Right to Marry. This is considered as a universal right among individuals enshrined

from his or her right to love.

Other examples are: right to bear children, right to pursue happiness, right to practice
a certain religion of choice; right to health; right to privacy, etc.

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Activity 2 Online Quiz

Activity 3 Reflection Paper

Direction. Write a reflection paper entitled, “The Categorical Imperative and My Duties as a
Student. Post in LMS

The world we are living today can be classified as a “dog eat dog world” wherein everyone is
willing to do anything just to go ahead and be successful than others. Even if it rquires them o
harm another. Due to this prevailing notion, people find it acceptable taking advantage of
someone and using them as a mean to an end. An instrument or a tool that is being utilized for
a single purpose and after such end was fulfilled, no utility is needed, hence, the tool, likewise,
is no longer needed. This, might be, the triger mechanism that insighted Kant to develop his
own ethical approach to equalized the dilemma in the society.

Categorical imperative dictates a person to relingquish his own biases, nuances and
predillections. It cannot be gainsaid that this approach demands that the person act according to
his duty to the community. Rebus community means a community or a society working together
to achieve a common goal that will promulgate a common good. Our duty to the community and
to our fellow citizen trumps our own self-interest. In other words, we must put forward the well-
being of the society rather than giving priority to ourselves.

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In this instance: An angry mob knocked on your door looking for your father. By their looks,
anger and hatred is apparent. They are out there to punish him or do something to hurt him.
You have two option i.e., lie to them and tell them that your father is not at home or tell them the
truth the he used the back door and went away. Categorical Imperative dictates that you do the
latter. You have a duty to the community to tell the truth and you must yield your self-interest in
preserving your father’s well-being. This is how critics of this approach view the Kantian Ethics.
We must always see the bigger picture and renounce our own concern. Utopian conception in
one hand and a Sysiphean Task in the other.

For additional readings, please refer to the kiln below.

Ethics, morality, law – what’s the difference?

https://ethics.org.au/ethics-morality-law-whats-the-difference/

Kant and Applied Ethics: The Uses and Limits of Kant's Practical Philosophy
https://ndpr.nd.edu/news/kant-and-applied-ethics-the-uses-and-limits-of-kant-s-practical-
philosophy/

Resources

Works Cited
Corporate Finance Insittute. (n.d.). Retrieved from corporatefinanceinsitutte.com:
https://corporatefinanceinstitute.com/resources/knowledge/other/kantian-ethics/
Jens Micah De Guzman Edna Aquino et.al. (2017). Ethics: Principles of Ethical Bhavior in
Modern Society. Malabon City, Philippines: Mutya Publishing House, Inc.
Rebus Community. (n.d.). Retrieved from press.rebus.community:
https://press.rebus.community/intro-to-phil-ethics/chapter/kantian-deontology/
Ruben Corpu & Brenda Corpuz. (2020). Ethics. Quezon City, Philippines: Lorimar Publishing
Inc.

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