ABSTRACT
Deontological ethical theories typically identify rights and duties that are incumbent on an individual if he or she is to act ethically. 1 , 2 Such theories stand in opposition to consequentialist theories such as utilitarianism, which focuses on the ethical value of the outcome of actions. Whereas deontological theories are distributive and individualizing in their requirements, utilitarian- ism is cumulative and maximizing. This, as we have seen in Chapter 3, was the basis of Rawls’ objection to utilitarianism: ‘Justice is the first virtue of social institutions. . . . Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override’ (Rawls 1972: 3). Here we will consider two very different theories of rights, those of Robert Nozick and John Rawls, libertarian and new liberal in outlook respectively.
