8/14/2019 The nature of rights in ethical disclosure

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Siena College TaytayCHAPTER IV:College of Nursing THE NATURE OFRIGHTS IN ETHICAL DISCLOSURE

A Right is describe as entitlements, interests, powers, claim and needs and isdesirable and beneficial.Right in moral philosophy and political theory are thought of as justified claims.A Right creates an obligation in others to behave in a certain way, to either providegoods or services or refrain from interference.

Correlative obligations - Obligations that cannot exist without the other e.g. law,obligation, right and duty,

Historical Background of Rights Reasoning (Started during the Middle Ages )Natural rights are generally equated to the law of God and found as brief expression

in the form of Golden Rule and was synonymously used by Thomas Paine withhuman rights

Negative Rights - Obligate others from interferencePositive Rights - Claims to good and services

Key concepts drawn from historical traditions of natural law :Humans possess a rational nature as gift from GodNatural laws are not dependent upon social contractNatural laws are effect natural rights does not distinguish themNatural laws can be discovered even without knowledge of God

Contractarian and Consequentialist Rights Theory

John Stuart Mill mentioned in his utilitarian view that we do not call anything wrongunless we mean to imply that a person ought to be punished in some way or another for doing it; if not by law , by the opinion of his fellow creatures, if not by opinion thenby the reproaches of his own conscience.

OBLIGATION - The requirement to do what is imposed by law, promise, or contract; aduty . In its general and most extensive sense, obligation is synonymous with duty. Imperfect obligations are those which are not binding on us as between manand man, and for the non-performance of which we are accountable to God only; suchas charity or gratitude. In this sense an obligation is a mere duty.

A perfect obligation is one which gives a right to another to require us to givehim something or not to do something. These obligations are either natural or moral, orthey are civil.

A natural or moral obligation is one which cannot be enforced by action, but whichis binding on the party who makes it, in conscience and according to natural justice. As

for instance, when the action is barred by the act of limitation, a natural obligation isextinguished. Although natural obligations cannot be enforeed by action, they have thefollowing effect: 1. No suit will lie to recover back what has been paid, or given incompliance with a natural obligation. A natural obligation is a sufficient considerationfor a new contract.

Fair Opportunity Rule

Edge R. and Groves J. R. (1999) Ethics of Health Care: A guide for Clinical Practice. C & EPublishing Inc.

San Juan Metro Manila. 2nd Edition. pp. 55-68

8/14/2019 The nature of rights in ethical disclosure

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Siena College TaytayCHAPTER IV:College of Nursing THE NATURE OFRIGHTS IN ETHICAL DISCLOSURE

No person should receive goods and services on the basis of undeserved advantagenor be denied good and service on the basis of an undeserved disadvantage.Contractarians believe that individual rights are grounded in the principle of justice andcollective choice and it is this collective choice that forms the basis of morality.

Legal Rights are not only asserted as moral prerogatives, but afforded governmentalguarantees. Legal rights are created through constitutional guarantees, legislativestatutes, judicial review, and governmental agencies.

Edge R. and Groves J. R. (1999) Ethics of Health Care: A guide for Clinical Practice. C & EPublishing Inc.

San Juan Metro Manila. 2nd Edition. pp. 55-68