Prima Facie Right
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Prima Facie Right
A prima facie right is a right that can be outweighed by other considerations. It stands in contrast with absolute rights, which cannot be outweighed by anything. Some authors consider an absolute right as a prima facie right, but one that cannot be outweighed in any possible situation. It is also maintained that all men always have a prima facie rights to liberty, security, and life but they do not constitute actual rights if there are stronger prima facie rights or moral considerations that supervene. An act may also be viewed as prima facie right but viewed in others as prima facie wrong. See also *Natural and legal rights *Political ethics * ''Prima facie'' *Proportionalism *Situational ethics Situational ethics or situation ethics takes into account ''only'' the particular context of an act when evaluating it ethically, rather than judging it only according to absolute moral standards. With the intent to have a fair basis for judgment ... References *http://www.blackwellref ...
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Right
Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been co ...
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Supervenience
In philosophy, supervenience refers to a relation between sets of properties or sets of facts. X is said to supervene on Y if and only if some difference in Y is necessary for any difference in X to be possible. Some examples include: * Whether there is a table in the living room supervenes on the positions of molecules in the living room. * The truth value of (A) supervenes on the truth value of (¬A). For the same reason, the truth value of (¬A) supervenes on that of (A). * Properties of individual molecules supervene on the properties of individual atoms. * One's moral character supervenes on one's action(s). These are examples of supervenience because in each case the truth values of some propositions cannot vary unless the truth values of some other propositions vary. Supervenience is of interest to philosophers because it differs from other nearby relations, for example entailment. Some philosophers believe it possible for some A to supervene on some B without being entai ...
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Natural And Legal Rights
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental rights, fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of ...
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Political Ethics
Political ethics (also known as political morality or public ethics) is the practice of making moral judgments about political action and political agents. It covers two areas. The first is the ethics of process (or the ethics of office), which deals with public officials and their methods. The second area is the ethics of policy (or ethics and public policy), which concerns judgments surrounding policies and laws. The concept of political morality can be easily understood when the roots of the term and its gradual development are assessed. The core values and expectations of political morality have historically derived from the principles of justice. However, John Rawls defends the theory that the political concept of justice is ultimately based on the common good of the individual rather than on the values one is expected to follow. While trying to make moral judgments about political issues, people also leverage their own perceived definition of morality. The concept of moralit ...
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Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ...
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Proportionalism
Proportionalism is an ethical theory that lies between consequential theories and deontological theories.Note that there is a substantial difference between teleology, as it is understood in the Thomistic context, and consequentialism. See Consequential theories, like utilitarianism, say that an action is right or wrong, depending on the consequences it produces, but deontological theories, such as Immanuel Kant's categorical imperative, say that actions are either intrinsically right or intrinsically wrong. Proportionalist theories like rule utilitarianism, however, say that it is never right to go against a principle unless a proportionate reason would justify it. In the 1960s, proportionalism was a consequentialist attempt to develop natural law, a principally Roman Catholic teleological theory most strongly associated with the 13th-century scholastic theologian Thomas Aquinas, but also found in Church Fathers such as Maximus the Confessor and John of Damascus, as well as ea ...
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Situational Ethics
Situational ethics or situation ethics takes into account ''only'' the particular context of an act when evaluating it ethically, rather than judging it only according to absolute moral standards. With the intent to have a fair basis for judgments or action, one looks to personal ideals of what is appropriate to guide them, rather than an unchanging universal code of conduct, such as Biblical law under divine command theory or the Kantian categorical imperative. Proponents of situational approaches to ethics include existentialist philosophers Sartre, de Beauvoir, Merleau-Ponty, Jaspers, and Heidegger. Specifically Christian forms of situational ethics placing love above all particular principles or rules were proposed in the first half of the twentieth century by liberal theologians Rudolf Bultmann, John A. T. Robinson, and Joseph Fletcher. These theologians point specifically to ''agapē'', or unconditional love, as the highest end. Other theologians who advocated situationa ...
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