Document Type : Original Article

Authors

• Saeide Hamledari ¹
• Ahmad Fazeli ²

¹ Ph.D. Student of Ethics, University of Qom, Qom, Iran

² Associate Professor, Department of Ethics, University of Qom, Qom, Iran

Abstract

Right in general meaning has a broad dimension and ethics is one of its most important and widely used aspects. Despite the importance of this type of right, it is also surrounded by ambiguities. Does moral right have an external existence at all? If it exists in the world, what is its origin? When rights and morals conflict, are rights or morals a priority? What is moral right? Can its conditions be revoked? On the one hand, the mind is busy with such questions, but on the other hand, among the existing works, except for a few, no work coherently deals with moral rights, therefore, there is a need for a brief introduction and the purpose of clearing ambiguities. Existing, concerning some general titles of moral rights, the issue should be examined case by case according to Hill Steiner and Allamah Tabatabai. The research method in this article is descriptive-analytical using text analysis. The findings show that even though both philosophers consider moral right as a real and existing right, there are noticeable differences between the two views in the discussion of "the structure of moral right". Hill Steiner considered the owner of the right to belong to the moral right, and if the owner of the right renounces his claim, the moral right is lost. But the vision of Allamah Tabatabai is completely different. In his eyes, the right is the same as the virtue, and in this case, belonging to the right is a moral act, and it will be impossible to take away the right.

Keywords

• Law
• moral right
• Hill Steiner
• Allamah Tabatabai

Main Subjects

• Western Philosophy