Explain the concept of Right and Duty?

Concept of Right and Duty: Business – Western and Indian Perspective, Definition and  scope, Relevance in Social Change

Rights offer protection of certain human interests, prohibiting the sacrifice of these interests merely to provide a net increase in the overall happiness but interests, as opposed to desires, are connected,. To human well being in an objective manner. Human nature, characterized as the capacity for free and autonomous choice, provides the grounds for distinguishing central interest from mere wants.

In general, a right is an individual’s entitlement to something. A Person has a right when that person, is entitled to act in a certain way or is entitled to have others act in a certain way towards him or her. The term employee’s rights can be interpreted in three ways: firstly, there are those legal rights granted to employees on the basis of legislation or judicial rulings.

Secondly employee’s rights might refer to those goods that employees are entitled to on the basis of contractual agreements with employers. Finally, the employee’s rights might refer to those entitlements to which employees have a claim independent of particular legal or contractual factors. Such rights would originate with the respect owed to them as human beings. Thes-3 are called human rights.

Legal rights: The entitlement may derive from a legal system that permits or empowers the person to act in a specified way or that requires other to act in certain ways towards that Person: the entitlement is then called a legal right. The Constitution, for example, guarantees all citizens the right to freedom of speech, and commercial statutes specify that each party to a valid contract has a right to whatever performance the contract requires, from the other person. Legal rights ire limited, to the particular jurisdiction within which the legal system is in force.

Employee rights: These are the rights the employee derives out of the contract of employment and they can be considered as a subset of legal rights. The entitlement of remuneration reward for the work rendered is one such right.

Human rights: Entitlements can also derive from a system of moral standards independently of any particular legal system. The right to work, for example, is not guaranteed by the constitution, but many argue that this is a right that all human be,   possess. Such rights, which are called moral rights or human rights, are based on moral norms and principles that specify that all human beings are permitted or empowered to do something or are entitled to have some thing done for them. Moral rights, unlike legal rights are usually thought of as being universal insofar as they are rights that all human beings of every nationality possess to an equal extent simply by virtue of being human beings. Unlike legal rights, moral rights are not limited to a particular jurisdiction.

If humans have a moral right not to be tortured, for example, then this is a right that human beings of every nationality have regardless legal system under which they live. Rights are powerful devices whose main purpose is to enable the individual to choose freely whether to pursue certain interests or activities and to protect those choices. We sometimes use the term right to indicate the mere absence of prohibitions against pursuing some interest or activity. For example, one has a right to do whatever the law or morality does not positively forbid one to do. We sometimes use the word right to indicate that a person is authorized or empowered to something either to secure the interest of others or to secure one’s interest. The term right is sometimes used to indicate the existence of prohibitions or requirements on others that enable the individual to pursue certain interests or activities.

Moral rights are tightly correlated with duties. Moral rights provide individuals with autonomy and equality in the free pursuit of their interest .That is a right identifies activities or interests that people must be left free to pursue or not pursue as they choose and whose pursuit must not be subordinated to the interest of others except for special and exceptionally weighty reasons. Moral rights provide a basis for justifying one’s actions and for invoking a moral justification for doing it. Because moral rights have these features, they provide a basis for making moral judgments that differ substantially from utilitarian standards. Moral standards concerned with rights indicate what is due to the individual from others, promote the individual’s welfare, and protect the individual’s choices against encroachment by society. It is generally acknowledged that civil rights may legitimately be restricted for the sake of public welfare Individual rights mean entitlements and unquestionable claims. The principle of rights is one of the most powerful concepts that enables and protects individual freedom, dignity, and choice. This principle is the cornerstone of any democracy

Moral rights are based on legal rights and the principle of duty. One’s moral rights imply that one has certain duties towards one’s rights, Individual freedom, welfare; safety, health, and happiness are essential core values of moral rights. Rights can also override utilitarian principles. Many times, violations of rights are solved by the criterion of whose rights have precedence in a given situation. Lawsuits are won and lost on the principle of individual rights not being upheld or protected Moral rights include:

(i)      The right to work

(ii)    Employment at will

(iii)   Due process in the workplace

(iv)  Participation rights

(v)    Privacy in the workplace

Concept of Duty:-

Philosopher will claim that rights and- duties are correlative. This is to say that one’s right establishes one’s duties and duties correspond to the right of others. Deontological tradition focuses on duties, which can be thought as establishing the ethical limits of one’s behavior. From one’s perspective, duties re what he /she owe to others. Other people have certain claims upon our behavior in other words certain rights against us.

Fulfilling our ethical obligations can set limits on decisions aimed by producing good consequences. The professional duties associated with the gate keeping roles as accounts, auditors, lawyers, financial analysts, and boards of directors also function as ethical limitations on business activities.