Consequences are More Significant than Rights

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The priority and absoluteness of rights is often gist for ethical debates. I consider these issues from the perspective of my ethical theory, which I call the "ethics of social consequences." The ethics of social consequences is one means of satisfying non-utilitarian consequentialism. It is characterized by the principles of positive social consequences, humanity, human dignity, legality, justice, responsibility, tolerance as well as moral obligation. I analyze Gewirth’s position regarding the absoluteness of rights as well as Nagel’s opinion that rights enjoy priority forever. However, I also concentrate on Williams’s critique of utilitarianism. I contend that the priority of the protection and respect of individual rights in ordinary situations is acceptable. However, the individual must respect the rights and justified interests of other concerned people. Nevertheless, in extraordinary situations one must accept that consequences are more significant than rights.

The priority and absoluteness of rights are very often the subject matter of ethical debates. We can mention some articles which deal with it from different points of view (for example, the articles of T. Nagel, A. Gewirth, R. G. Frey, D. T. Meyers, L. E. Lomasky, P. Pettit, M. Philips, J. O. Nelson, F. Schauer, T. Machan and others).(1) I shall concentrate on these issues through my ethical theory entitled "ethics of social consequences" (ESC). "Ethics of social consequences" is one of the forms of satisficing non-utilitarian consequentialism. A core of that ethical theory is represented by the principles of positive social consequences, humanity, human dignity, legality, justice, responsibility, tolerance as well as moral obligation. Therefore, humanity and huma...

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...eran Social Ethics. Lewiston, The Edwin Mellen Press 1997, chapter I (English); Gluchman, V. Etika konzekvencializmu [Consequentialist Ethics]. Preov, Manacon 1995 (Slovak); Gluchman, V: Etika socilnych dsledkov a jej kontexty [Ethics of Social Consequences and Its Contexts]. Preov, PVT 1996 (Slovak).

(3) Gewirth, A. "Are There Any Absolute Rights?" In: Philosophical Quarterly 1981(31), 122, pp. 1-16.

(4) Nagel, T. "Personal Rights and Public Space." In: Philosophy & Public Affairs 1995(24), 2, pp. 83-107.

(5) Ibid, p. 86.

(6) Rawls, J. A Theory of Justice. Cambridge, Belknap Press 1971, pp. 212-213ff, 244ff.

(7) Williams, B. "A Critique of Utilitarianism." In: J.J.C. Smart-B.Williams: Utilitarianism: For and Against. Cambridge, University Press 1973, pp. 98-100.

(8) Aristotle. The Nicomachean Ethics. Ware, Wordsworth 1996, p. 54 (1109b30-1110a19).

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