What people in the case are rights-holders against you


Case Scenario: A promise to Aunt Connie

At her request, you visit your beloved Aunt Connie shortly after her 80th birthday.  She is in poor health, and she tells you she has been planning for her death, and asks you to be executor of her estate, since you are her only living relative.  She also tells you that she has been approached about being an organ donor, and she has declined.  In fact, the whole idea of being cut open after her death fills her with horror and disgust, and she asks you to promise that you will not allow the doctors to perform an autopsy or take any organs if you can possibly prevent them.  You make the promise to her.

Several weeks later your aunt dies.  You are there at the hospital with her during her last hours and are able to say your goodbyes.  Shortly after her death, you are approached by a doctor who explains that they have just gotten back some test results that reveal your aunt had a rare and slowly developing form of cancer (though the doctor does not think that was connected to the stroke that killed her).  Little is known about this form of cancer and, consequently, there is no cure or even widely agreed upon treatment.  It would be very helpful to perform an autopsy on her body so that more can be learned about the progress of her cancer, and perhaps contribute to finding a cure.  As the next of kin, your consent is all that is required for them to perform the autopsy. The doctor asks you to sign the consent form for the autopsy.

Use the ethics of rights to determine what you should do in this case.

Q1. What people in the case are rights-holders against you?

Q2. What rights do they hold that are relevant to deciding what to do in this case?

Q3. Is each right a positive or negative right?

Q4. Assume the rights are prima facie rights. What action should you do in this case that appropriately respects the rights that are relevant?

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