2.

1 Normative Ethics --- Theory of Conduct --- Consequences

Theory of Conduct Consequences

Teaching objectives:
The Principle of Utilitarianism --- The consequences of the event are more important than the event itself Utilitarianism Theory of Bentham Utilitarianism Theory of Mill The theory of Act Utilitarianism The theory of Rule Utilitarianism Case Study (1) --- Roundtable Discussion on Prostitutes The advantages and disadvantages of Utilitarianism Case Study (2) --- The Story of Sarah and Hagar Case Study (3) --- The Parable of the Burning House Case Study (4) --- Severe Punishment for Troubled Times Case Study (5) --- No Boundaries for Human Rights: Rather be Lenient than Accuse Wrongly

Suggested teaching period: 5 lessons

2.1 Normative Ethics --- Theory of Conduct --- Consequences

Teacher shall first prepare: Knowledge Content of the Subject (1): The Principle of Utilitarianism Knowledge Content of the Subject (2): Act Utilitarianism and Rule Utilitarianism Knowledge Content of the Subject (3): Advantages and Disadvantages of Utilitarianism Case Study (1) --- Roundtable Discussion on Prostitutes Case Study (2) --- The Story of Sarah and Hagar Case Study (3) --- The Parable of the Burning House Case Study (4) --- Severe Punishment for Troubled Times Case Study (5) --- No Boundaries for Human Rights: Rather be Lenient than Accuse Wrongly Worksheet: Different levels of Happiness Teaching Process: 1. This chapter covers the first part of Utilitarianism. Teachers are suggested to first explain the Knowledge Content of the Subject (1): The Principle of Utilitarianism. 2. Teachers may ask the students to state the key points of Utilitarianism as conclusion: The consequence of an event is more important than whether it itself is right or wrong 3. Teachers are suggested to first explain the Knowledge Content of the Subject (2): Act Utilitarianism and Rule Utilitarianism. Teachers shall also ask students to tell the differences between Act Utilitarianism and Rule Utilitarianism as conclusion. Home assignment: Complete Worksheet: Different level of Happiness 4. Divide the students into groups of 4 5 and discuss the Worksheet: Case Study (1) Roundtable discussion on Prostitutes. In the form of a roundtable meeting, discuss the prostitute issue in class and invite other students to express their opinions. Discuss whether it is necessary to enact a law to prohibit prostitutes from soliciting on the street. 5. After discussion, each group shall send a representative to present the answers on behalf of his/her group.
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6. Teachers are suggested to first explain the Knowledge Content of the Subject (3): Advantages and Disadvantages of Utilitarianism. 7. Divide the students into groups of 4-5 and discuss Case Study (2) to (4) before completing the questions. (*Teachers may make use of the content of Case Study (4) and (5) to hold a simple debate with the students. The motion is Severe Punishments for serious crimes is the way to maintain social order and discipline.) 8. After discussion, each team shall send a representative to present the answers on behalf of his/her group. 9. Teachers may explain and distribute the answers.

2.1 Normative Ethics --- Theory of Conduct --- Consequences

Knowledge Content of Subject (1): The Principle of Utilitarianism

Western ethics theories are mainly divided into two schools --Utilitarianism and Deontology. The principle of utilitarianism: Whether certain behaviour is morally acceptable depends on whether the action could bring the greatest happiness to the majority. In other words, the right and wrong of an action depends on the consequence such action brings about.

Benthams theory Vs Mills theory

It seems that bringing the greatest happiness to the majority is a reasonable principle to judge right and wrong. But what is happiness after all? Is the happiness one gets from sex comparable to that from winning the Nobel Peace Prize? How to measure the magnitude of happiness? Regarding the definition of happiness, Jeremy Bentham (1748-1832) and his student John Stuart Mill (1806 - 1873) have distinctively different views.

What is happiness?
Benthams theory Bentham thinks that all kinds of happiness in the world are the same and have no difference in nature. The only difference lies in the magnitude of different types of happiness. We can only say that one behaviour brings relatively more happiness while another brings relatively less. Mills theory Mill is a student of Bentham. Regarding what is happiness, they both have different views. He thinks that happiness is not only different in terms of magnitude but also in terms of levels. Therefore, inferior happiness can never be compared to superior happiness, no matter how much more there are. Mill thinks that human beings have the ability to pursue superior happiness, for example through the pursuance of the true, the good and the beautiful. Superior happiness is often the happiness of the majority instead of happiness of an individual.

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Knowledge Content of the Subject (2): Act Utilitarianism and Rule Utilitarianism

Rule Utilitarianism Vs Act Utilitarianism

In society, it is difficult to measure whether an action brings good or bad result to the majority. It is common to do evil with good intentions or do good with bad intentions. In this regard, utilitarianism can be further divided into two schools --Rule Utilitarianism and Act Utilitarianism.

Rule Utilitarianism It is one of the mainstream schools of utilitarianism. Whether an act can bring the greatest happiness to the majority, supporters of Rule Utilitarianism believe that certain actions have been evaluated on whether they can bring the greatest happiness to the majority on the whole. When one makes a judgment of an individual act, we should also consider according to this principle. For instance, overall, honesty can build mutual trust among people and promote harmony and stability of society. It brings the greatest happiness to the majority and therefore conforms to morality.

Act Utilitarianism Act Utilitarianism is another mainstream school of utilitarianism. Whether an act can bring the greatest happiness to the majority, supporters of Act Utilitarianism believe that every event is unique and is therefore impossible to apply a particular moral principle to all people. Thus we can only judge whether a particular action is morally acceptable at a particular moment and under a particular circumstance. For instance, we cannot simply judge that honesty is moral because some people tell lies with good intentions and for the benefit of the majority. As a result, every event has to be judged individually.

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Worksheet: Different Levels of Happiness

Below are seven happy occasions. Which one is the happiest occasion for you? Please rank the occasions in the Rank column (with 1 being the happiest occasion and 2 being the second happiest etc, and state your reason. Rank Become first in the whole form Reason

Win $5,000 cash from the Caritas raffle tickets

Mother wins the 3rd division prize from Mark Six with a payout of $30,000 Buy a favourite limited-edition model/ handbag

Represent the school to compete in the Hong Kong Inter-school Current Affairs Competition and become the overall champion Admitted by your dream university

The allergic rhinitis you have suffered since you were young has been completely cured

2.1 Normative Ethics --- Theory of Conduct --- Consequences

Case Study (1) ----- Roundtable Discussion on Prostitutes

Some district councilors of Sham Shui Po have reflected to the police that prostitution in the area is very serious. Some streetwalkers would solicit in the streets for business. Some district councilors have received many complaints from female residents in the area that they were misunderstood as streetwalkers, and were being enquired for their service charge. As a result, they were scared and feared to go out alone. In this regard, some district councilors requested the police to take action and combat prostitution activities in the district. Below are the views from people supporting and opposing the combat of prostitution activities. Mr. Xi, District Councilor: I received a number of complaints. Many female residents dare not wear sexy clothes or put on heavy makeup when they are out and about. They are also afraid to come home late on their own. Some female residents have been approached by whoremasters who enquire their hourly rates. Quite often, these women are sized up by men they do not know. As a result, they feel embarrassed, annoyed and sexually harassed. In this regard, I urge the Hong Kong Police and related authorities to strike hard on prostitution in the district. Representative from the Hong Kong Police: Prostitution is not unlawful according to the law. However, acts such as soliciting for an immoral purpose in public premises, living on earnings of prostitution of women, keeping a vice establishment, amongst others, are illegal. The police will combat these activities should that happen. Representative of the Sex-workers society: Firstly: According to law, prostitution is an agreed business deal between both parties, and does not violate the law. Secondly: While I am acknowledging the fact that some ladies are embarrassed when whoremaster enquires their service charge, it is unreasonable to combat prostitution for that reason. When we are doing shopping on the street, we are often bombarded by sales from telecom service providers, estate agents, or even enthusiastic followers from a certain religion, who ask us to subscribe their services, buy a new flat or become a follower. To be honest, I also find them annoying and make me feel embarrassed. Shall I demand the police to take action against them as well? Thirdly: Some women feel

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Ms Cheung, a resident in the district I once asked a female friend to meet me up in a small park downstairs. It was scotching hot that day and she wore a slip dress. During her 10-minute wait, 3 men passed by and asked her how much she charged for one night of service. At first, she only replied in a displeased manner that she was not a prostitute. In the end, she shouted at them loudly. This incident made her so embarrassed that she swore she would never meet me in my neighbourhood anymore. Rev. Lau: Prostitution and patronising prostitutes are immoral acts. The government and the police are tasked with the responsibility to combat these activities regardless of their impact on the community and the citizens.

uncomfortable being sized up by men when they wear trendy costumes. I believe these women should be better educated. I wonder if they would be excited or embarrassed when being sized up by strangers in Central, Admiralty or Mid-levels after an attentive dressup or when being stared at by strangers in a party? It is common knowledge that some districts in Hong Kong are relatively abundant with streetwalkers, and those places are where they work. If a lady went to those places in a trendy and sexy outfit, and was offended after being stared by others, I really wonder who should take the blame, the sex workers or the well behaved lady? Thus, prostitution is not illegal and we shall not be put to blame. Anyone who insists on combating us are picking on us and are enforcing the law selectively, which is unfair. Why dont they take any action against estate agents or telecom service providers who streetwalk in the city?

1. 2. 3. 4.

From the opinions of the above 5 people, whose opinion best demonstrates Rule Utilitarianism? Why? From the opinions of the above 5 people, whose opinion best demonstrates Act Utilitarianism? Why? From the opinions of the above 5 people, whose opinion does not analyse from the perspective of Utilitarianism? Why? From the cases above, what do you think are advantages of analysing from the perspective of Utilitarianism?
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Knowledge Content of the Subject (3): Advantages and Disadvantages of Utilitarianism Disadvantages of Utilitarianism
Disadvantage 1: Result is not the best way to measure right and wrong Utilitarianism is most criticised for its encouragement to handle ethical issues with mathematical and economic ways of thinking, and its denial of the right or wrong of the issue itself. As a result, utilitarianism may easily encourage the practice of the end justifies the means. For example, to falsely incriminate righteousness people and to do somebody injustice rather than to connive can alert the general public and thus reduce the crime rate, bringing happiness to most citizens. People believing in utilitarianism would support this theory and consider it as moral, but the result often goes against the expectation of the majority. Disadvantage 2: Happiness can not be quantified Neither Bentham, Mill, Rule Utilitarianism nor Act Utilitarianism can suggest a way to measure happiness. Happiness is personal and subjective, and therefore is very difficult to be measured and compared. There is also no measurable unit that is widely accepted. Which brings more happiness, to win the Nobel Prize and be remembered forever or to cure an incurable disease? The answer remains a mystery Disadvantage 3: Happiness is not the only principle There is an assumption behind utilitarianism, which is to make happiness pursuance the most important aim and to use it as a standard to determine right and wrong. However, happiness is not the only principle in the world. There are, for example, personality, dignity, etc. If we merely focus on happiness, we are no different to a pig indulging in eating, drinking and fooling around. Disadvantage 4: Fails to distribute happiness equally Utilitarianism only requires an action to bring the majority with the greatest happiness. What, then, is more important, the majority or the greatest happiness? If Action 1 brings 100 units to happiness for 10 people, while Action 2 brings 1 unit of happiness to 1000 people, Which action shall we adopt? When facing these questions, utilitarianism often fails to handle them effectively and consistently.
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Disadvantage 5: Everyone has the obligation to bring happiness to others The principle of utilitarianism points out that everyone should try to consider the well-being of others and avoid harm under any circumstance. It implies that every individual has the responsibility to safeguard other peoples happiness. However, this assumption cannot be justified. One cannot assume that if a person pursues happiness, he/she would also be willing to share happiness. When these two situations become contradictory, the deadlock of distributing happiness equally arises once again. Disadvantage 6: Negligence of the importance of individuals intention Utilitarianism does not consider the intention and means of ones action. It only concerns the end product: to generate the greatest happiness by that action. If a person with an evil intention unexpectedly does something good, his/her action can also be regarded as moral, which violates our common sense.

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Advantages of Utilitarianism
1. A better standard for judging between right and wrong According to utilitarianism, an action is judged to be right or wrong by the presence of happiness in the consequence. Therefore, utilitarianism provides people with a comparatively systematic, simple, convenient and clear way for moral judgment. 2. A more flexible utilitarianism Some people believe that utilitarianism is neither immutable nor fettered by conventions. Instead, when it comes to moral judgment, it allows individual consideration for different situations and factors. Under no circumstances is a moral rule to be taken into consideration, provided that the principle of seeking happiness for the majority is violated. In reality, there is no eternal ethic and moral answer in the world. Stealing can either be immoral or moral. The act of a chivalrous thief is an example. 3. A closer link with the cost-effectiveness economic values Nowadays, the mainstream society stresses on economic benefits and development. Ethics and morality, to a certain extent, are considered as less important, or even untimely as well as hindering economic development. However, the thinking mode of utilitarianism has a closer link with the costeffectiveness mainstream thinking, and is therefore easier to be accepted.

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Case Study (2) --- The Story of Sarah and Hagar

Sarah, the wife of Abraham, was a wise woman with ideas. Yet being barren, she and her husband had been childless for years. Sarah wanted to have children with her husband and did not want to be lonely and helpless when they grew old. Thus, she made a suggestion to Abraham, As God has made me unable to have children, please sleep with my maidservant so that I may have children from her. And so Sarah made her maidservant, Hagar, Abrahams concubine, so that he can have children. Hagar was a quiet, gentle, hardworking and tough woman. In the end, she gave birth to Abrahams son and named him Ishmael. 14 years later, Sarah was also pregnant with Abrahams son and gave birth to Isaac. And when the child was old enough to wean, Sarah discovered that the 14year-old Ishmael was mocking Isaac, believing that Ishmael did not respect her son. Therefore, she asked Abraham to send Hagar and her son Ishmael away Send away this woman and her son, for the son of that woman is not to have a part in the heritage with my son Isaac. He is just the son of a concubine. Sarah thought if Ishmael was to stay, he would fight for the family possessions and caused family disputes. Abraham understood that if he had Hagar and Ishmael stay with him at home, there will be huge disputes in the family after his death. He was tormented by this very issue. However, God told Abraham to do whatever Sarah said, for He would not mistreat Hagar and her son. In the following morning, Abraham gave Hagar and Ishmael some bread and a bag of water and sent them away. Hagar planned to return to Egypt, but was lost in the desert of Beersheba. The water bag had been emptied. She placed Ishmael under a small tree and sat down face to face with her son. She could not bear to see her son die of thirst in the wilderness. She could not help but burst into tears. God kept his promise to Abraham by sending an angel to rescue Hagar and her son. She saw a well. The angel told them to stay in the desert of Paran and God would take care of them. In the end, Hagar and Ishmael settled in the wilderness of Paran. Under his mothers arrangement, Ishmael married a girl from the land of Egypt. Since then, they had been living in the desert of Paran until the day they died.
The above story is adapted from the book of Genesis, Chapters 17 to 21.

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1.

2. 3. 4. 5.

Why did Sarah want her husband to marry her maidservant as concubine? Why did she want her husband to send the maidservant and her son away afterwards? Under normal circumstances, if Abraham had not married Hagar, what would the life of Abraham, Sarah and Hagar be like when they were old? Under normal circumstances, if Abraham had not sent away Hagar and Ishmael, what do you think would happen after the death of Abraham? In the story, why did Abraham send Hagar and Ishmael away? What did Abraham think the life of Hagar and Ishmael would be after they left? Do you think Abrahams behaviour is moral according to the perspectives of utilitarianism?

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Case Study (3) --- The Parable of the Burning House

In ancient India, there was a very rich man. Despite his senility, he was wealthy and owned a lot of farmland, numerous houses and countless servants. Although the man was advanced in years, he had three sons who were three, four and five years old respectively. Because of his wealth, he was worried of bandits coming to rob his family, so the house they lived in was enclosed by high and thick walls built with bricks, with only one gate for entrance and exit. The house was his ancestral home and had been built for almost a hundred years, therefore even though the elder was wealthy, the walls and the beam-pillars of the house were old and worn out. The mansion could easily collapse if a storm or a big fire struck. One day, the house caught fire. The elder and his servants managed to leave the place in time. Then, he suddenly remembered his three sons, who were still playing in the garden, too young to comprehend the danger. They also did not know how to escape. Yet, neither he nor his servants dare to go back into the house. So he shouted to his sons to leave at the gate, but they ignored him. At that time, the man was very anxious and yelled to them the danger of the big fire, but his sons still pay no attention to his warning. All of a sudden, a good idea came up to the old man. He recalled that each time he came home from business trips with some presents, he used to cry loudly, I am back! I have some gifts for my lovely boys. No matter what his sons were doing at that moment, they would run to him quickly for the gifts. So at the critical moment, the old man cried out, I am back! I have some precious gifts for my lovely boys. I bought a goat cart, deer cart, and ox-cart to take my boys out to play. When the children heard their father, they ran out of the house to their father for gifts. Seeing that the boys were safe, the old man was relieved. He was glad that his lie had successfully lured his boys from the fire.
The story is adapted from <The Lotus Sutra, The Parable of the Burning House >

1.

Under normal circumstances, do you think that lying is moral?

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2. 3. 4. 5.

If the old man did not lie, what do you think would happen to his sons? In the story, why should the old man lie to his three sons? If you were the old man, facing the above scenario, what factors would you consider before making your decision? From the perspectives of utilitarianism, do you think the old mans behaviour is moral?

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Case Study (4) Severe Punishment for Troubled Times Severe Punishment for Troubled Times
The severity of punishment had been formulated in Shang Shu - Marquis of Lu on Punishments, a classic of the Western Zhou Dynasty. It was said that Punishments and fines should be light in one age, and heavy in another. To secure uniformity in this seeming irregularity, there are certain relations of things to be considered, and the essential principle to be observed. The Rites of Zhou Office of Autumn has more details: A ruler governs his country with three types of measures so as to preserve their dominance. First, in a new country, use light punishments. Second, in a fair country, use moderate punishments. Third, in a troubled country, use severe punishments. The above philosophy of severe punishment for a troubled country was widely accepted and developed by rulers of all feudal states and scholars of different schools, particularly by Legalism. Han Feizi of Legalism believed that, Only when laws change with the time could the country be ruled; ruling that fits the era yields desirable effects (Hanfeizi - Xin Du). Taizu of the Ming, Zhu Yuanzhang believed he was living in a troubled time and thus encouraged severe punishment. He said to his grandson Zhu Yunwen, I am ruling a troubled country and therefore I cannot help but use severe punishment. You, on the other hand, are governing a peaceful nation and thus light punishments should be used. That is why punishments and fines should be light in one age, and heavy in another. (History of Ming - The Chapter of Criminal 1)

The reason behind Severe Punishment for Troubled Times

Severe Punishment for Troubled Times is based on the peoples fear to be punished so as to prevent people from violating the law. As a result, social chaos can be avoided and peoples well-bring safeguarded. During peaceful times, there are less motivation and reason for people to violate the law. Therefore, light punishment can be used. On the contrary, during troubled times, there is a greater motivation for people to violate the law. As such, the nation should use severe punishment to act as a balance and alarm to safeguard the well-being of the

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people.

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Demerits of adopting severe punishment for troubled times

From the Utilitarian perspective 1. It is hoped that a deterrent effect will be produced by imposing severe punishment so as to reduce the occurrence of crimes. However, if punishment is regarded as the only means to control people and the society, it will easily give way to abuse of punishment, and may cause social disorder. 2. Some people firmly believe that severe and cruel punishment will produce a highly threatening effect. But things turn out to be different as we take a look at the history. Even in ancient times, crimes did not vanish. If severe punishment could not take effect in the relatively simple agricultural society in ancient times, it is even more unlikely to deter crimes in our complicated commercial society nowadays. The rationale behind severe punishment for troubled times lies the value of violence for violences sake. If this kind of value is to be rationalised, adopted and becomes popular in the society, it will bring greater disturbance and instability, or even increased crime rates to our society. Recent genetic and psychological studies show that the behavioural and thinking patterns of human beings are greatly influenced by their genes and early experiences in their growth. Punishment can only impose very limited effect on deterring crimes. Death penalty actually cannot deter repeated offenders from committing crimes. It would rather produce a counter effect of impelling the criminal to evade from being caught by the police. In the course of escape, he may commit even more serious crimes. For example, he may kill more people in order to cover up his whereabouts. Therefore, death penalty actually has more demerits than merits.

3.

4.

5.

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Merits of adopting severe punishment for troubled times

From the Utilitarian perspective 1. The adoption of severe punishment for troubled times can produce an imminent effect by restoring the stability of the society. According to psychological studies, penalty is the most effective punishment particularly for those with low education levels. 2. Severe punishment means the use of heavy penalty to deter people from committing crimes or doing anything that may upset social order. Therefore, nobody will commit crimes for fear of being punished severely. With careful consideration, an offender will understand the undesirable consequences of committing crimes, thus the occurrence of crimes will be minimised.

3.

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Astonishing murder of Bai Xiaoyin in Taiwan

The kidnap and murder of Bai Xiaoyin in 1997 was the most serious crime case ever in Taiwan. The case shocked the Taiwan community as the victim was the daughter of a famous Taiwanese artist Bai Bingbing. Moreover, the crime was committed in a cruel way and the three suspects were involved in a number of offences while they fled, including murdering and raping of several other people. After this case, the Taiwanese society generally agrees to uphold the principle of severe punishment for fierce crime. 14/4/1997 The only daughter of the famous artist Bai Bingbing was kidnapped. That night, she received a phone call from the kidnappers asking for a ransom of five million US dollars. Bai also received a half-naked photo of her daughter and her daughters fingertip. The police took over the case and planned to arrest the kidnappers during the handover of the ransom. Several days later, the kidnappers called to arrange the collection of the ransom. However, they did not show up. Bai Bingbing was close to a nervous breakdown after the continuous torments she suffered over the past few days. The kidnappers called again for ransom but still did not show up. The police rounded up and searched for the principal offenders Chen Jinxing, Lin Chunsheng and Gao Tianmin in five locations. All three principals escaped after the gunfire, while two accomplices Zhang Suzhen and Zhang Zhihui, wife and brotherin-law of Chen Jinxing, were arrested. The police deduced that Bai Xiaoyan should still be alive and would be in danger if they wouldnt announce a seizure warrant as soon as possible. Bai Bingbing held a press conference in the morning and requested all the Taiwan people to save Bai Xiaoyan together. Taiwans major media reported this news on the front pages and entertainment pages. The police played the family card by asking the kidnappers families to convince them to release the victim on TV. Bai Xiaoyans body was found. After examination, the Forensic Pathologist concluded that she had been dead for about eight to ten days. The police started a large-scale pursuance everywhere. The three major offenders were also fleeing in all directions in

23/4/1997

25/4/1997

26/4/1997

27/4/2007 28/4/1997

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Taiwan. 28/5/1997 The police who was responsible for this case received a letter with time-limit, written by the three suspects at large together, including Lin Chunsheng, Gao Tianmin and Chen Jinxing. The letter said that only three of them had committed the kidnapping and they would take the responsibility by themselves. And they required the police to release Zhang Suahen, Zhang Zhihui and etc. The three people kidnapped Cai Mingtang, a legislator of Taipei County, and were offered a ransom of 5 million dollars. Cai was threatened not to call the police. The whole thing was exposed to the public only after Chen Jinxing was arrested by the police. The three offenders on the run committed a crime again by blackmailing a businessman surnamed Chan from Taipei, for 5 million dollars successfully. The crime came to light on 14th August when the case was reported by newspapers. Lin Chunsheng and Gao Tianmin appeared in Taipei City and were heavily armed. They started a fierce gun fight with the police. The battle lost a police officer and one of the duos, Lin Chunsheng was dead. A murder happened in a Taipei clinic. Three people including doctor and nurse were having their eyes, noses and mouths taped and limbs bounded, and were then given a shot in their heads to cause death. A nurse was even sexually assaulted before her death. Gao Tianmin and Chen Jinxing were then identified as the assailants. Gao Tianmin appeared in Taipei City and started a gun battle with the police ambushed around. Gao Fled after the fire. Chen Jinxing wrote a letter to the United Daily News and expressed his discontent about Zhang Suzhens (Chens wife) detention by the police. He declared his plan to seek justice, in which the innocent might be implicated. The moment I die, is also the time for change, please do not blame me! Chen continued to send letters to media including United Daily News and TVBS afterwards. Police received tip-offs and launched an operation to capture the suspect, Gao Tianmin. During the arrest a gun fight broke out. When cornered by the police, Gao turned the gun on himself.

6/6/1997

8/8/1997

19/8/1997

23/10/1997

3/11/1997 5/11/1997

17/11/1997

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18/11/1997

Chen Jinxing broke into the residence of McGill Alexander, an officer of Embassy of South Africa, and held Alexander and his four family members hostage. The case became an international incident during which two of the hostages were injured. It also set the precedence of Taiwan media interviewing the suspect by phone at the scene. The Taiwan Television Enterprise had an exclusive phone interview with Chen Jinxing at 0:32 a.m. Afterwards, Chen Jinxing accepted phone interviews from over a dozen Taiwan and foreign media. He spoke about what led him to commit crimes and tried to craft a heroic image for himself. Chen Jinxing even invited the reporter of the China Post, Jason Blatt, to conduct a face-to-face interview with him at Alexanders residence and asked him to hook him up with more international media for interviews. After releasing injured hostages one by one and negotiating with the Taipei Police, Chen Jinxing agreed to turn himself in and the crisis was ended. However, this case had seriously tarnished the global image of Taiwan and has badly shaken Taiwan peoples confidence in law and order.

After Chen Jinxing had been arrested, it was verified by DNA test that he was involved in more than 19 sexual abuse cases during his flees. During that period, Chen broke into houses and raped the women who stayed home alone. He also stole food and properties from the victims, and threatened revenge if the victims called the police. Therefore, the investigators reviewed that the actual number of victims might be far more than 19. After the Bai Xiaoyan case, her mother, Bai bingbing established the Bai Xiaoyan Cultural and Educational Foundation . Apart from facilitating charity works in Taiwan, the Foundation is also one of the charitable organisations that encourage the government of Taiwan to maintain the death penalty. The website of the Bai Xiaoyan Cultural and Educational Foundation: http://www.swallow.org.tw/jt-hotel/front/bin/home.phtml 1. 2. After the Bai Xiaoyan case, what do you think are the arguments for those who favour severe punishments for a troubled country? In the Bai Xiaoyan case, do you think the principle severe punishments for a troubled country is applicable to principal Chen Jinxing? What would you consider before making the decision?

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3.

From the perspectives of utilitarianism, do you think the argument for those who favour severe punishments for a troubled country is moral?

*Teachers may make use of the content of Case Study (4) and (5) to hold a simple debate with the students. The motion is Severe Punishments for serious crimes is the way to maintain social order and discipline.

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Case Study (5) --- No Boundaries for Human Rights: Rather be Lenient than Accuse Wrongly
The teacher may show the TV documentary No Boundaries for Human Rights: Rather be Lenient than Accuse Wrongly. The documentary, produced by RTHK, was first released in June 2004. It addresses the issues of wrong imprisonment and putting leniency before wrong accusations.

Content of the Documentary

In some western countries, in order to protect the defendants rights, criminal trials are conducted on the principle of presumption of innocence, which means that a defendant is presumed to be innocent and the prosecutor bears the burden of proving the defendants guilt beyond reasonable doubt. The rationale behind this stringent principle of burden of proof is rather be lenient than accuse wrongly, which means rather set 10 bad people free than wrongly accuse and convict one good person. At the same time, however, the principle allows some true criminal offenders to be set free, thereby doing injustice to the victims. How then should our society strike a balance? More than a decade ago, a murder took place in Devils Peak, Kowloon. Despite the overwhelming evidence against the murderer, he was acquitted because the police were found to have extorted a confession from him. There was another case which involved illegal abortion causing death. The victim was a girl aged 17 or 18, who allegedly died following an illegal abortion that she underwent at an unlicensed clinic. Law Or, the unlicensed doctor who performed the abortion, was charged with murder, but he was given the benefit of doubt and hence acquitted. A fair trial is the foundation of justice in the contemporary society. However, occasionally the trial process is liable to be tainted with errors of judgment or deficiencies in forensic technology, as a result of which a defendant may be wrongly convicted. These victims, who suffer from the mistakes of others, have to spend the rest of their precious lives behind bars and may not achieve anything in the future. Camera crew went to America and the UK to visit local scholars, and visited an American group which specially reverses injustice judgments for innocent people, with the purpose to see how they reverse and find out the truth. In this special series, two controversial cases happened in Hong Kong many years ago were
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2.1 Normative Ethics --- Theory of Conduct --- Consequences

selected as examples to illustrate how the right of the accused is protected under the principle of innocence hypothesis. 1. After watching No Boundaries for Human Rights: Rather be lenient than accuse wrongly, what reason and evidence do you think the Rather be lenient than accuse wrongly supporter hold? 2. After watching No Boundaries for Human Rights: Rather be lenient than accuse wrongly, do you think severe punishment should be applicable to severe repeated criminals to maintain law and order? What factors do you take into consideration before you make a decision? 3. Analysis in the term of utilitarianism, do you think the reason and the evidence for Rather be lenient than accuse wrongly is in accordance with morality? *Teacher may summarise the content of Case Study (4) and (5) and ask students to have a short debate on the motion: Severe Punishments for serious crimes is the way to maintain social order and discipline.

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