Republic of the Philippines

City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
DETAILED LEARNING MODULE

Title: Kant and Rights Theory

Module No. 7
I. Introduction
Kant‘s ethics are organized around the notion of a ―categorical imperative,‖ which is a
universal ethical principle stating that one should always respect the humanity in others, and
that one should only act in accordance with rules that could hold for everyone. Kant argued
that the moral law is a truth of reason, and hence that all rational creatures are bound by the
same moral law. Thus in answer to the question, ―What should I do?‖ Kant replies that we
should act rationally, in accordance with a universal moral law.

II. Learning Objectives

After studying this module, you should be able to:

III. Topics and Key Concepts

1. Compare Kantian Ethics to Rights Theory.
2. Identify the duty of a person as a moral being.
3. Create a mindset that is ―I will consider my neighbour‖.

Kantian Ethics
Kant believed that certain types of actions (including murder, theft, and lying) were
absolutely prohibited, even in cases where the action would bring about more happiness than
the alternative. For Kantians, there are two questions that we must ask ourselves whenever
we decide to act: (i) Can I rationally will that everyone act as I propose to act? If the answer
is no, then we must not perform the action. (ii) Does my action respect the goals of human
beings rather than merely using them for my own purposes? Again, if the answer is no, then
we must not perform the action. (Kant believed that these questions were equivalent).

Kant‘s theory is an example of a deontological moral theory–according to these

theories, the rightness or wrongness of actions does not depend on their consequences but on
whether they fulfil our duty.

According to Kant a good person is someone who always does their duty because it is
their duty. It is fine if they enjoy doing it, but it must be the case that they would do it even if
they did not enjoy it. The overall theme is that to be a good person you must be good for
goodness sake.

The Formula of Universal Law

"Act only on that maxim through which you can at the same time wills that it should
become a universal law [of nature]."

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. The basic idea on this,
 Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314

it is a 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.

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 laid 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 you.

Rights Theory
Immanuel Kant (1724 – 1804) examined the idea of human rights within politics in such a
way that it ―is only a legitimate government that guarantees our natural right to freedom, and
from this freedom we derive other rights‖. From this basis it can be assumed that Kant looks
at the development, creation and implementation of rights as primarily dependent on the state
and how the government within the state functions. Furthermore, Kant stresses that a society
can only function politically in relation to the state if fundamental rights, laws and
entitlements are given and enhanced by the state. As Kant teaches, these ―righteous laws‖ are
founded upon 3 rational principles:

1. The liberty of every member of the society as a man.

2. The equality of every member of the society with every other, as a subject.
3. The independence of every member of the commonwealth as a citizen.

An interesting aspect of these principles is that they are not given by the state, but are
fundamental in the creation and acceptance of a state by the people of the state. In this sense
Kant believes that these principles are necessary above all, not only for the founding of
―righteous laws‖, but for the state to function in the first place. This is so because without the
acceptance of the people a state would not exist therefore rights are necessary within states to
keep the support of the people of the state.

Legal Rights Vs. Moral Rights

Legal Rights
 Refers to rights according to law. It exists under the rules of some particular legal
system.
 Legal rights are, clearly, rights which exist under the rules of legal systems or by
virtue of decisions of suitably authoritative bodies within them.

Rights Based Theory

 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
 Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314

negative, that all humans have based only on the fact that they are human. These
rights can be natural or conventional. That is, natural rights are those that are moral
while conventional are those created by humans and reflect society‘s values.

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 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.
l. The right of a person to be treated with respect and dignity even after being 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.
q. 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.

Moral Rights
 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.

It must be clear, therefore, that human rights cannot be reduced to, or exclusively
identified with legal rights. In fact, some human rights are best identified as moral rights.
Human rights are meant to apply to all human beings universally, regardless of whether or
not they have attained legal recognition by all countries everywhere.
 Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314