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With rights theory, an action or decision would be considered ethically correct if it respects the rights of other people.
Before we look at Rights theory in more detail, let’s look at the entire concept map of all normative theories so we know exactly where ‘rights theory’ fits in.
There are two broad categories of normative theories, namely: teleological and deontological theories. Rights theory is a subset of deontological theory.
So, we know that right theory is a normative theory which means it is theory that focuses on how people SHOULD or OUGHT to behave.
We also know that it is a branch of deontological theory. This means that it focuses on the intention behind an act or decision
rather than on the final outcome or resulting consequences.
In terms of rights theory, if an action or decision respects the rights of other people it would be considered ethically correct.
So respect is the key word in explaining rights theory’. That is, considering and upholding the rights of others is the foundation of the rights theory.
Another important element of the rights theory are ‘rights’.
There are many different types of rights.
The major rights that people have are legal rights, human rights
and contractual rights. The right to vote is a legal right because it arises from law and is legally enforceable. Freedom of speech is an example of a basic human right that all people should be entitled to because they are human beings.
Contractual rights arise from an agreement or relationship. For example, a contract between a builder and a property investor. The builder has the right under the contract to receive a certain remuneration for his services and the property investor has the right under the contract to receive a developed property.
It is important not to confuse rights with duties. A right is something you have as a human being or something you are entitled to. A duty is something you are obligated to do.
The one major limitation of the rights theory is that there is no hierarchy of rights. So it is difficult to come to an ethically correct decision or action where the right of one person results in the right of another being breached.
To recap, rights theory is a deontological theory. It is based on respect for the rights of others however, a major limitation of this theory is finding a resolution when the rights of one person conflicts with the rights of another.