philosophy ppt

philosophy ppt - humans? • naturalistic fallacy: to infer...

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Civil Rights
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Class Objectives Distinguish three theories of personal rights: natural rights, positive rights, civil rights Examine the Bill of Rights and other amendments to U.S. Constitution that concern personal rights Apply civil rights theory
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Rights Two big questions: 1. What justifies a claim that someone has a right to something? 2. What rights are we justified in claiming that persons in fact have?
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Natural vs. Positive Rights 1. Natural rights: a theory of individual human rights that claims rights are grounded on some fact about humans that is independent of society or convention. 2. Positive rights: a theory of individual human rights that claims rights are grounded on explicit social conventions .
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Criticisms of Natural Rights there is no universal natural fact about us that all will agree implies rights no agreement on what the rights implied would be Rights come from our capacities as
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Unformatted text preview: humans? • naturalistic fallacy: to infer what ought to be from what is Positive Rights • Avoids need for normative justification • but the list seems arbitrary • no ability to adjudicate disagreement among nations about rights Civil Rights • Rights are the valid claims that individuals can make against their government and against other persons as adjudicated and enforced by a legitimate controlling legal authority . • relative to a legal system, but legal system must be legitimate, and legitimacy is a universal standard Civil Rights in US • Bill of Rights • 13 th amendment abolishes slavery • 14 th amendment: due process and equal protection • 15 th : Black (male) suffrage • 19 th : Female suffrage Question Do we have a right to privacy? How might we answer this within a theory of civil rights?...
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This note was uploaded on 05/05/2008 for the course PHIL 180 taught by Professor Staff during the Fall '07 term at Kansas.

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philosophy ppt - humans? • naturalistic fallacy: to infer...

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