Respect for Persons

Lessons-Examining Intersubjectivity
Persons and Rights
 Examining Intersubjectivity
INTERSUBJECTIVE/INTERPERSONAL- are
often described as the relations among
human persons which give respect to each
others personhood. It can occur in various
forms of human relations such as those
between friends, parents and children,
teachers and students, colleagues in a
workplace, siblings, employers and
employees and members of academic
organization or athletic team
 Treating the Other Person
On the theoretical level we consider
how the person sees, perceives,
understands, or knows the other person in
relation to his/her concepts or categories,
which results in seeing the person either as
a subject or as an object. Consequently, on
this level, the other person is treated as a
person when he/she is seen as a subject;
while he/she is treated as a non person if
he/she is seen as an object.
 Theoretical Level
The other person is seen as a subject
when he/she is seen as someone who is
conscious and free and lacks a defined or
fixed essence. This occurs when this person
is not seen as nothing more than a mere
member of a category or representation of
a concept, such as when he/she is not seen
as someone whose behaviors are always
limited to those expected from a person
classified in a certain way.
 Theoretical Level
The other person is seen as an object
when he/she is seen as something that is
unconscious and unfree, and has a defined
or fixed essence. And this occurs when this
person is seen as nothing more than a
mere member of a certain category or
representation of a certain concept, such
that he/she is seen as someone who will
always be this or that kind of person.
 Treating the Other Person
On the practical level we consider how
the person relates to the persons own
interests (desires and preferences). This
results in treating the other person either
as a means or as an end. Consequently, the
other person is treated as a person if
he/she is treated as an end; while he/she is
treated as a non-person if he/she is treated
as a means.
 Practical Level
In general, person A treats person
B as a means when person A performs
action to person B with the sole
intention of satisfying his/her (the
person As) own interests or desires.
Because that is person As sole
intention in doing such actions to
person B, person A thus disregards
person Bs own interests.
Treating the Other Person (Buber)
I-THOU- refer to the other person as
a subject as a You. To see the other
person as a You is to encounter the
other person. This is an interpersonal
relation.
I-IT- refer the other person as an
object as an It. To see the other
person as an It is to experience the
other person.
Treating the Other Person (Sartre)
Being-for-itself- see the other
person as a person or as a
subject
Being-in-itself- is to see the
other person as a non person or
as an object
Treating the Other Person (Heidegger)

Being-with- that the person

relates to the other person as a
person
Being-alongside- the person
treating another person as a
nonperson
Treating the Other Person as a Subject

1. Transcendence
2. The other person must be
informed and gives his
voluntary consent
3. Perform your moral duty to
yourself and to others
 Treating the Other Person
as a Subject
Persons have or are
entitled to certain rights,
which impose certain
duties on other persons.
 Persons and Rights
Rights are entitlements or interests
one is allowed or permitted to pursue,
or more simply, things one may or may
not do. (ex. Education is a right
because it is something we are allowed
to pursue; but stealing is not because it
is something we are prohibited from
doing)
 Persons and Rights
Duties unlike rights which one may or may
not exercise, are things one ought to perform.
Furthermore, there usually are sanctions (in the
form of blame or punishment) if one fails to
perform a duty, while there are none if one fails
to exercise a right. (ex. If a boy is given the duty
by his mother the right to look after his baby
brother, then the boy ought to do it. If he fails
to perform it, he will most likely get scolded by
his mother.)
 Rights and Duties
Rights and duties are tightly
correlated in that rights impose duties
and duties exist in recognition of rights.
(ex. The mother has the right to
impose duties on her son; but her son
recognizes them to be his duties only
because he recognizes the right of his
mother to impose such duties on him.)
 Classification of Rights
1. Based on the kinds of duties imposed by
rights
a. positive rights
b. negative rights
2. Based on the relevant features one must
have to acquire rights
a. legal rights
b. contractual rights
c. human rights
 Classification of Rights
NEGATIVE RIGHTS (NR)- if rights only impose
duties of noninterference. For example, if the boy is
given by his mother the right to look after his baby
brother (NR), such right imposes a duty on his
brothers and sisters not to prevent him from
exercising such rights if he so decides (DNI).
POSITIVE RIGHTS (PR)- if rights impose both
duties of noninterference and positive performance.
The right to life of the boys baby brother (PR) does
not just impose on his parents duty to interfere with
the interest of the baby to live (DNI), for it likewise
imposes on his parents the duty to provide him the
necessary resources the will enable him to live (DPP).
 Kinds of Duties
NONINTERFERENCE (DNI)- are
duties not to interfere in the
exercise of rights
POSITIVE PERFORMANCE (DPP)-
are duties to provide the necessary
conditions for the exercise of rights
 Classification of Rights
LEGAL RIGHTS- are rights that one possesses by virtue
of ones citizenship-which is required either by birth
or by choice. Such rights are specified in the
constitution of the country or state in which one is a
citizen, and are binding only within the jurisdiction of
the legal laws of such country.
CONTRACTUAL RIGHTS- are rights one acquires when
one enters into a contract or an agreement with
another party, which can be a person, a group of
persons, company, or an institution.
Formal Contracts- are written in that rights and
duties of the parties involved are explicitly
specified in some documents
 Classification of Rights
Informal Contracts- are unwritten agreements in
that the rights and duties of the parties involved
are mere implied
HUMAN RIGHTS- are rights all humans possess simply
by virtue of being humans. The only relevant feature
to be entitled of such rights is being human.
Char. of Human Rights
a. It is natural b. It is universal c. Inallienable d
Relates to moral rights
Moral Rights- are the rights of moral entities or of the
members of the moral community.