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On Moral Rights

Posted on:2004-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:R ZhouFull Text:PDF
GTID:2205360125955276Subject:Ethics
Abstract/Summary:PDF Full Text Request
Moral rights are status,freedom and claims that people are deservedto enjoy by morality, which can protect their interests.But for a longtime,the research on rights is only confined to the field of law. 'Right' and'legal right' become synonyms.In fact,moral rights not only exist,butalso have full meanings and take on particular characters.Firstly,from theangle of the rights' origins,meanings and elements,rights include not onlylegal rights,but also moral rights.Secondly,althouth moral rights differfrom legal rights in contents,diversity,assurance means and the equity tomoral obligations,yet these differences can't become the reasons that thepresence of moral rights is denied.Moreover,moral rights have logicalprecedence over legal rights and they are the complements and bases oflegal rights, which can make affirmative and critical impact on legalrights.Thirdly,there are special relative pertinence and equity betweenmoral rights and moral obligations,which makes rights take on theparticular character in the field of morality and by which moral rights canbe distinguished from the rights in other fields,such as political rights andlegal rights.Moral rights are represented in four forms,the right to freedom of choosing moral behaviour,the right to equal personality,the right to get righteous evaluation on moral and immoral behaviour,the right to claim tobe repaid.The right to freedom of choosing moral behaviour is that people have the right to choose moral behaviour freely by exisiting moral concepts and principle,when the approximate value of several 'good' conflicts and when there is a lack of relevant ethics.The right to equal personality is that a person,as an equal and independent moral subject in moral relation, has equal personality and noblest dignity to any other people,and that he should be respected by the other people and the society.The right to get righteous evaluation is that a person can get righteous evaluation of his own,the society's and the others' on his moral and immoral behavior and he has the right to make righteous evaluation on the others' behaviour.The right to claim to be repaid is that a person can claim the beneficiary to repay his benefaction, when he is in hot water because of his benefaction,or when he is in trouble that is similar to the beneficiary's later.The following steps should be taken to ensure that the moral rights can be realized successfully.The first step is to strengthen the citizen's own consciousness of rights.The second step is to perfect the moral mechanism of rewards and punishments.That is to say,it is to combine good-rewarding with evil-punishing in content and pay equal attention to material rewards and punishments and spiritual praise and honor in measures.Then moral rights will be realized and the individual moral character will be perfected and the society's ethos will be purified.TheABSTRACTlast step is to enhance the legal supporting power.By legislation,the moral rights of the lowest gradation will be made to become legal rights,so the moral rights can get the legal powerful guarantee.For example ,when a person has helped others for a just cause,his right to get righteous evaluation will be proclaimed in writing in law and be ratified and protected by law, which will make an obvious Impact on the ensurence of moral rights.
Keywords/Search Tags:moral rights, rights, legal rights
PDF Full Text Request
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