PHIL 118 Lecture Notes - Lecture 11: Massage, Negative And Positive Rights
28 Jun 2018
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Q of rights
Do they exist in specific setting or are they universal?
(p. 307): right is condition of existence that entitles one to state of being.
Rights must be respected
These five rights are relational
3 types of right
1. Natural (inherent)
2. Conventional (from social convention)
3. Civil (from law)
Positive rights
Rights of recipience
Entitlements to certain goods/services
Only possible if have enough resources available
Negative rights
Protection of goods or needs
Obligation to protection, no obligation to provide
Models of relationship
Q of moral obligation between employer and employee
Master-Slave relationship
Hegel
Master seems to hold absolute power
But master relies on slave for resources and identity
Reciprocal obligations - slave provides resource and is owed protection in return. Necessary
inequality.
Implied contractual review
Two parties come into agreement
Independent choice, more equality on both sides
But model lacks complexity
Stakeholder model
Several groups come together over mutual interest
United by common impact of business. Eg: google masseuse
Right to work
Need for job
Right to be reviewed fairly for job, if qualified
But certain extenuating circumstances will change job considerations
Q of employee rights and scope -- "universal" employee rights
Some rights might be universal. Eg: if has no regard to size criteria.
Right to safety & healthy environment
Workers can always refuse to work
Q of profit
Denial/need for work
Symmetrical information
No specific workers rights
Only rights applied differently
Positive rights presuppose negative rights.
Employee have legal obligations to fulfill legal contracts but employers have property rights to stipulate
contracts.
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Document Summary
Do they exist in specific setting or are they universal? (p. 307): right is condition of existence that entitles one to state of being. Only possible if have enough resources available. Obligation to protection, no obligation to provide. Q of moral obligation between employer and employee. But master relies on slave for resources and identity. Reciprocal obligations - slave provides resource and is owed protection in return. Independent choice, more equality on both sides. Several groups come together over mutual interest. Right to be reviewed fairly for job, if qualified. But certain extenuating circumstances will change job considerations. Q of employee rights and scope -- universal employee rights. Eg: if has no regard to size criteria. Employee have legal obligations to fulfill legal contracts but employers have property rights to stipulate contracts. Both employer and employee have autonomy > must have independent say in terms.
