Question

1. Discuss the difference between human rights, legal rights, and moral rights.

2. Apply these three to the Tennessee v. Garner case, discussing the ramifications of each.

3. Research the Prima Facie Duties proposed by author W.D. Ross. In the Garner case, what duties of fidelity did the officers owe the victim, and what duties of justice were breached. Please help

Answer 1

• 1.Moral rights are rights accorded under some system of ethics. These might be grounded in mere humanity, they might be rights that all people deserve just because they are humans, or because they are rational beings. Examples might be the right to be treated fairly, or the right to privacy. If I have a right to privacy, then you and others are obligated not to invade my privacy.
  
• Legal rights are rights that people have under some legal system, granted by a duly authorized legal authority or government.For example, consumers have a legal right to know the basic ingredients and nutritional profile of packaged foods.
• Moral rights describe what ought to be, whereas legal rights are the rights that are on the books. Moral rights represent the natural law, versus legal rights representing the positive law.
• Moral rights are the things that people can do or have unalienable access to as defined to the prevailing societal conventions of the time.
• Legal rights are the things people can do or have unalienable access to as codified in the laws and statutes that govern the land. Moral rights are often codified as legal rights, but not all the time.
• For example, the right to freely love and marry whomever one chooses is generally seen a moral right. However, it was not until recently that that was recognized as a legal right in the United States, and it is still not recognized in a number of developed nations.
• Moral rights are not enforceable by law whereas,Legal rights are enforceable by law.
• Human rights are what we are “endowed” with at birth as human beings. No one guarantees them. They are enshrined in the Declaration of Independence. People say “we have a human right” to free education, decent housing, food, etc. But those things are not guaranteed by anyone or any government necessarily. People feel that they are “entitled” to them. They may be but they are not guaranteed under the law.
• Due to time limit,remaining questions can be asked as another question,they will be answered,thankyou for your cooperation