Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
2. Every intellectual being has the attribute of _reflex
consciousness_. It may turn its regard in upon itself, and call itself
_me_, and its powers and activities _mine_. It certainly has the
physical ability of acting for self, and using its powers consciously
for its own ends. Does this physical ability represent also a _moral
power_? Is the agent justified in exercising it? and are his fellows
under a moral obligation of justice to leave him free to exercise it?
(_Ethics_, c. vi., s. i., nn. 5, 6, p. 111.) We have seen that
morality consists in acting up to one's own intellectual or rational
nature. Since then the calling oneself _me_, and one's power _mine_,
and the using those powers for purposes which one's reason approves,
is the distinguishing feature of an intellectual, or rational, and
personal being, that being is morally warranted so to act. He calls
himself his own, and his powers his own, and they are his own by the
very fact of his calling them so by a natural act. And, as justice is
to give to another his own, others are bound in justice to leave him
free to dispose of himself and his powers, at least within certain
limits. But this would be for man a barren freedom, were he not
empowered to lay hold of and make his own some things, nay many
things, outside of himself, for man is not self-sufficient, but has
many natural necessities, and many psychical cravings to boot.
Therefore man's right of preference extends, not only to his own
actions, but also to external things, which he may make his own to act
upon.
3. Rights are either _connatural_ or _acquired_. Connatural rights
spring from the very being of a man, as he is a person. Such are the
rights to life, to honour, to personal liberty--that is, freedom to go
where you will--to civil liberty--that is, not being a slave--also the
rights to marry and to acquire property. Acquired rights spring from
some deed of man, annexing something to his personality. Such are the
rights to property, duly entered upon, to reputation, to the political
franchise, and all rights that come by contract. Acquired rights may
descend to heirs.
4. Rights again are _alienable_ and _inalienable_, which division does
not coincide with the preceding. Those rights are inalienable, shorn
of which a man cannot work out his last end. Some rights are thus
permanently and universally inalienable, as the right to life: others
are so occasionally and for particular persons.
5. The correlative of _right_ is _duty_: so that, wherever one man has
a right, his neighbours have a duty in justice to leave him free to
exercise the same. But the converse is not true, that wherever one man
has a duty towards another, that other has a right to its performance,
for there are duties of charity, which do not impart a corresponding
right, but only a _claim_. _Duties_ that correspond to _rights_ are
called by English moralists _perfect_ duties. _Duties_ answering to
_claims_ only they call _imperfect_.
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