PP217 Lecture Notes - Lecture 3: In Personam, Pelvimetry, In Rem Jurisdiction
Concept of morality
•
Concern with practices defining right and wrong
•
Denotes a social institution, composed of a set of standards pervasively
acknowledged by the members of the culture
•
Three main principles
1.
Respect for autonomy- personal rule of self
2.
Beneficence- one ought not to inflict evil or harm, one ought to
prevent evil or harm, one ought to remove evil or harm, one ought
to promote good- beneficence assumes an obligation to weigh and
balance benefits against harms, benefits against harms, benefits
against alternative benefits, and harms against alternative harms
3.
Justice- what is fair, due or owed
Metaphor and Analogy
•
Metaphor of war and cancer- colonize and invade
•
Influence how patients experience their illness
•
Under the military metaphor, society's health care budget tends to be
converted into a defense budget, consequently putting more resources
into health care than it could justify
•
Military metaphor assigns priority to critical care over preventative and
chronic care
•
Analogy is the repetition of the same fundamental pattern in two
different contexts
•
Analogy of attribution- comparison of two terms, both of which have a
common property
•
Analogies of proportion-largely related to maternal- fetal relations
Claim Rights
1.
In personam vs in rem rights
○
In personam- hold against one or more specifiable persons
○In rem- hold against the world at large
2. Positive vs negative rights
○Positive rights are rights to someone else's positive action
○Negative rights are when there is another person who has a duty to
refrain from doing something
3. Active vs passive rights
○Active negative rights not to be interfered by others, duties of non-
interference
○Passive negative rights are security rights
Foundations in Moral Theory
Saturday, May 19, 2018
10:03 PM
