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AN INTRODUCTION TO ETHICS Philosophical ethics--Assumptions

(Based on Dr. Jim Sutherland’s work) • Assumes that humans are basically good, and can be
more ethical.
What is right and wrong? • Reason is a sufficient basis for developing ethics.
• A 12-year-old girl was taken in marriage in the village • Humans are accountable only to other humans.
of Lohutok, S. Sudan. Is that good or bad? Why? • Philosophical ethics--Assumptions
• Should the death penalty apply for a man or woman • Carl F.H. Henry noted these assumptions:
engaged in consensual homosexual acts? – “nature is the ultimate reality”
• Is it good for a husband to donate his sperm to his – Humans are essentially animals.
infertile wife, so that she can be artificially – “truth and right are intrinsically time-bound
inseminated and perhaps bear their child? and changing” Carl F. H. Henry, Christian
Personal Ethics, 1957, p. 23
RELIGION PHILOSOPHY
Founded upon revelation Founded upon reason Locating Ethics Within Philosophy
Concerned with morals Concerned with ethics • Metaethics is a branch of analytic philosophy that
- Morals are absolute. - Ethics are relative. (School explores the status, foundations, and scope of moral
- Have to do with person- of Morals?) values, properties, and words. Whereas the fields of
to-God - Are person-to-person applied ethics and normative theory focus on what
Concerned with Not concerned with nature, is moral, metaethics focuses on what morality itself
“supranature” but with “metanature” is.
(science concerned with • Applied ethics is the branch of ethics concerned
nature) with the analysis of particular moral issues in private
Miracles are a part Miracles are irrelevant and public life
Goal is to find God Goal is to find truth • Normative ethics is the study of ethical action. It is
the branch of philosophical ethics that investigates
Ethics (Moral Philosophy) Defined the set of questions that arise when considering how
• It concerns the nature of the right [deontology] and one ought to act, morally speaking.
the nature of the good [utility].
• Theories of the good are of two basic types: Moral Facts [Truth]
– Theistic ( based upon the assumption of a • Ethical philosophers can be classified in one of two
God) ways:
– Philosophical/anthropological (based upon • (1 those who believe that moral facts exist,
reason) and
• (2 those who either deny that moral facts
3 Stages in the History of Ethics exist, or, if they exist, deny that they can be
• First stage: moral authority shifted from above known.
humans (the divine), to humans.
• Second stage: extending the belief that humans are Schools of Those Who Accept Moral Truth
responsible only to humans • A further division--for those who have come so far as
– Rise of nihilism and relativism to believe that moral good exists--is among those
• Third stage: focus shifting from individual to public who emphasize
ethics—toward utilitarianism. • what is right (deontologists)
– Applied ethics is popular • what is good (utilitarians or
– Virtue ethics is gaining ground consequentialists)
• From J. B. Schneewind, “Modern • virtue or character as the basis for ethics.
moral philosophy,” ch. 12 in A
Companion to Ethics, Peter Singer,
ed. ISBN: 0631187855
FOUNDATIONS OF BIOETHICS: ETHICAL THEORIES, MORAL • Because of the emphasis on happiness,
PRINCIPLES, AND MEDICAL DECISIONS Utilitarianism is sometimes called “the greatest
happiness principle”.
• The branch of philosophy concerned with principles
that allow us to make decisions about what is right Application to Bioethics
and wrong is called ethics or moral philosophy. • In August 2000, conjoined twins, named Mary and
• Єθοσ [ethos] is a Greek word for custom or habit, Jodie were born in a hospital in Manchester England.
the characteristic conduct of an individual human Their spines were fused, and they had one heart and
life. one pair of lungs between them. Jodie, the stronger
• Morality – Human conduct and character referring one, was providing blood for her sister.
to “those acts which it makes sense to describe as • The prognosis was that without intervention, both
right or wrong, good or bad.” girls would die within six months. The only hope was
• Moral Judgment – Judgment based on an operation to separate them. This would save
considerations of how other people are to be Jodie, but Mary would die immediately.
treated, and how others interests are to weigh • Thus, there were two options:
against their own. a. Not intervene and see both babies die, or
• Introduction b. Intervene and save one life, Jodie.
• Bioethics is specifically concerned with moral
principles and decisions in the context of medical What is the acceptable course of action?
practice, policy, and research.
• Moral difficulties connected with medicine are so • According to utilitarian, we need to decide which
complex and important that they require special course of action will produce the greatest good for
attention. Medical ethics gives them this attention, the greatest number of people affected by the
but it remains a part of the discipline of ethics. action.
• Thus, if we are to answer the question as to whether • It is plausible to interpret utilitarianism as supporting
there are any rules or principles to use when making alternative (b). Surely it is better to save one life
moral decisions in the medical context, we must turn rather than not.
to general ethical theories and to a consideration of
moral principles that have been proposed to hold in Act vs. Rule Utilitarianism
all contexts of human action. • The essential difference is in what determines
whether or not an action is the right action.
UTILITARIANISM • Act (extreme) utilitarianism maintains that an action
• According to Utilitarianism [Jeremy Bentham (1748- is right if it maximizes utility; rule (restricted)
1832) and John Stuart Mill (1806-1873)], a person utilitarianism maintains that an action is right if it
should perform those action actions which conform conforms to a rule that maximizes utility.
to the Principle of Utility. • Act utilitarianism asserts that an action becomes
• The Principle of Utility says: a person should choose morally right when it produces the greatest good for
that action which produce the greatest good for the the greatest number of people, while Rule
greatest number of people affected by the utilitarianism believes that the moral correctness of
alternatives open to him. an action depends on the correctness of
• The rightness or wrongness of actions is determined the rules that allows it to achieve the greatest good.
by the goodness or badness of the actions’
consequences, not by the actions themselves. DEONTOLOGY
• Because the morality of an action, according to • As noted earlier, consequentialist theories of ethics
utilitarianism, rests on its consequences, find the basis for an action’s morality in the
utilitarianism is called a “consequentialist theory of consequences produced by the action rather than in
ethics.” the action itself.
• There are different views as to what make a • Deontological theories of ethics, argue that it is
consequence good or bad. features of the action itself, apart from
• According to the “classical” or “hedonistic” version, consequences, which determine its morality.
what makes a consequence good or bad is its effect • When an action has the relevant features then we
on people’s happiness. can say it is our duty (or obligation) to perform it.
• Roughly, a consequence is bad if it reduces • It is this emphasis on duty that earns them the name
happiness, good if it increases happiness. “deontological”, which is derived from the Greek
• Happiness, in turn, is understood to mean: an word for “duty” or “obligation”.
increase in pleasure and/or decrease in pain. • Two of the different versions of deontology are
those of Immanuel Kant and William David Ross.
Kant Example
• According to Kant, we have an obligation to perform • Suppose, for example, that I am a physician and I tell
an action if it satisfies what he called “the a patient that he has a serious illness, although I
categorical imperative”. know that he doesn’t. This may be to my immediate
• Kant formulated three versions of the imperative. advantage, for the treatment and the supposed cure
Though differing in wording and emphasis, he will increase my income and reputation.
understood them as three different “views” of the • The maxim of my action might be phrased as,
same overarching principle. They are: “Whenever I have a healthy patient, I will lie to him
• Act only according to that maxim by which and say that he has an illness.”
you can at the same time will that it should • Now suppose that I try to generalize my maxim
become universal law. (Version 1) (apply the first version of the categorical
• Act so that you treat humanity, whether in imperative). In doing so, I will discover that I am
your own person or in that of another, willing the existence of a practice that has
always as an end and never as a means contradictory properties.
only. (Version 2) • If “Whenever any physician has a healthy patient,
• Every rational being must so act as if he she will lie to him and say he has an illness” is made
were through his maxim always a legislating a universal law, then every patient will be told that
member in the universal kingdom of ends. he has an illness. Trust in the diagnostic
(Version 3) pronouncements of physicians will be destroyed,
First version while my scheme depends on my patients’ trusting
• If you decide to have an abortion and go through me and accepting the truth of my lying diagnosis.
with it, it is possible to view your action as involving • It is as if I were saying, “Let there be a rule of truth
a rule. telling such that people can assume that others are
• You can be thought of as endorsing a rule to the telling them the truth, but let there also be a rule
effect “Whenever I am in circumstances like these, that physicians may lie to their patients when it is in
then I will have an abortion.” Kant calls such a rule a the interest of the physician to do so.”
“maxim.” • In willing both rules, I am willing something
• In his view, all reasoned and considered actions can contradictory. Thus, I can will my action in a
be regarded as involving maxims. particular case, but I can’t will that my action be
• The maxims in such cases are personal or subjective, universal without generating a logical conflict.
but they can be thought of as being candidates for Bioethical example
moral rules. • If we return to the Mary and Jodie example
• If they pass the test imposed by the categorical introduced earlier, we can see that Kant’s approach
imperative, then we can say that such actions are to evaluating the alternatives (allow both to die or
right. Furthermore, in passing the test, the maxims save one but sacrifice the other) would be different
cease to be merely personal and subjective. They from that of utilitarianism. Kant would reject the
gain the status of objective rules of morality that idea that we should look at the consequences of the
hold for everyone. two options.
• Kant calls the principle “categorical” to distinguish it • Instead we should ask if something like the following
from “hypothetical” imperatives. These tell us what rule could be universalized (that is, avoid
to do if we want to bring about certain “contradiction”):
consequences— such as happiness. • Save one life in situations where failing to do so will
• A categorical imperative prescribes what we ought result in the loss of life of two.
to do without reference to any consequences. The • Can it be universalized? On the face of it, there is no
principle is an “imperative” because it is a command. obvious contradiction in trying to do. As a result, the
• The test imposed on maxims by the categorical Kantian and the Utilitarian could well agree on the
imperative is one of generalization or morality of the action but for different reasons.
“universalizability.” The central idea of the test is Second version
that a moral maxim is one that can be generalized to • Act so that you treat humanity, whether in your own
apply to all cases of the same kind. person or in that of another, always as an end and
• That is, you must be willing to see your rule adopted never as a means only.
as a maxim by everyone who is in a situation similar • This version illustrates Kant’s notion that every
to yours. You must be willing to see your maxim rational creature has a worth in itself.
universalized, even though it may turn out on some • This worth is not conferred by being born into a
other occasion to work to your disadvantage. society with a certain political structure, nor even by
• The best way to illustrate the first version of the belonging to a certain biological species.
category imperative is to consider a possible
instance where an action fails the test.
• The worth is inherent in the sheer possession of conflict, in which case their relative merits had to be
rationality. Rational creatures possess what Kant weighed and the chosen action based on the
calls an “autonomous, self-legislating will.” outcome of that weighing.
• That is, they are able to consider the consequences • Because duty A might be outweighed by another
of their actions, make rules for themselves, and duty B in a situation where the two conflict, it might
direct their actions by those self-imposed rules. seem inappropriate to call A a duty in the first place.
Thus, rationality confers upon everyone an intrinsic Aware of this concern, Ross describes A and B as
worth and dignity. prima facie duties. They are duties we have “all
• So, we are treating a person (including ourselves) as things being equal”. But in a situation only one of
an end (and not just a means to an end) when we act them will turn out (after weighing) to be our actual
towards him in such a way that recognize his duty.
rationality or autonomy. • When is something our duty? Ross does not propose
Non-bioethical example any general test of obligation like Kant’s categorical
• You need money and you want a loan but you know imperative. Instead, Ross falls within the tradition of
you can’t pay it back. It occurs to you to ask a friend “ethical intuitionism”. After a careful examination of
for the money with the promise of paying it back. the facts surrounding a case, he believes that we
You are proposing to lie to the person and, in so then are able to intuit the appropriate duty.
doing, you are treating them merely as a means to • Ross claims that our experience with such cases puts
one of your goals. us in a position to come to know our prima facie
• On the hand, imagine the same situation except this duties with the same degree of certainty as when we
time you explain the situation to your friend, hoping grasp the mathematical truth that a triangle has
still, of course, to get the money. But now you are three angles.
allowing your friend to make his own free and fully- • Furthermore, according to Ross, our experience of
informed decision to give you the money or not. You many individual cases puts us in a position to
have recognized and engaged the friend as a rational recognize the validity of a general statement like “It
agent. You have respected his dignity. is wrong to cause needless pain.” We come to see
Bioethical example such rules in much the same way that we come to
• Recall again the example of Mary and Jodie. How recognize the letter A after having seen it written or
might we apply the second version of the categorical printed in a variety of handwritings or typefaces.
imperative to this case. Here is one possible way to • Ross offers a list of duties that he considers binding
phrase the question: on all moral agents. (He did not claim that the list is
• If we elect to save Jodie and allow Mary to die, have exhaustive).
they both been treated as “ends”? One answer 1. Duties of fidelity: telling the truth, keeping
might be no because Mary has been “sacrificed” to actual and implicit promises, and not
allow Jodie to live – she is being treated merely as a representing fiction as history
means to Jodie’s survival. 2. Duties of reparation: righting the wrongs we
• If this is the correct conclusion then a question arises have done to others
as to whether it is consistent with the apparently 3. Duties of gratitude: recognizing the services
correct conclusion to the first version of the others have done for us
imperative, that there is no inconsistency in 4. Duties of justice: preventing a distribution of
universalizing the rule: save one life when the pleasure or happiness that is not in keeping with
alternative is to see two die. the merit of the people involved
5. Duties of beneficence: helping to better the
W. D. Ross condition of other beings with respect to virtue,
• W. D. Ross attempts to incorporate aspects of intelligence, or pleasure
utilitarianism and aspects of Kantianism. 6. Duties of self-improvement: bettering ourselves
• Ross rejected the utilitarian notion that an action is with respect to virtue or intelligence
made right by its consequences alone, but he was 7. Duties of non-maleficence: avoiding or
also troubled by Kant’s view, if a rule passed the preventing an injury to others
categorical imperative (and became a duty to Bioethical example
follow), it could have no exceptions, it was absolute. • Recalling the example of Mary and Jodie, Ross would
• He saw not only that such rules fail to show answer the question of whether it is right or wrong
sensitivity to the complexities of actual situations, to separate the twins by first seeing which of the
but also that they sometimes conflict with one prima facie duties are applicable and, in the event
another. there is a conflict, examine the non-moral facts of
Prima facie duties the case, and with these facts as background, weigh
• Like Kant, Ross is a deontologist, but he believed (as the duties against one another.
Kant apparently did not) that moral duties can
• In considering the case, the duties of non- Bioethical example: health care
maleficence and beneficence seems relevant and it • The implication of Rawls position seems to be that
is plausible to read them as implying that there is an everyone is entitled to health care.
obligation to separate the twins. • First, it could be argued that health is among the
“primary goods” that Rawls’s principles are designed
RAWLS’S THEORY OF JUSTICE to protect and promote. (“Primary goods” are the
• The theory of justice formulated by the philosopher rights, opportunities, powers, wealth, and such that
John Rawls can be understood as attempting to are both worth possessing in themselves and are
combine the strengths of utilitarianism and necessary to securing the more specific goods
deontology while avoiding the weaknesses of each people may want.)
view. • Second, it could be argued that the inequalities of
• For Rawls, the central task of government is to the health care system can be justified only if those
preserve and promote the liberty and welfare of in most need can benefit from them. Since this is not
individuals. Thus, principles of justice are needed to obviously the case with the present system, Rawls’s
serve as standards for designing and evaluating principles seem to call for a reform that would
social institutions and practices. provide health care to those who are unable to pay.
• Rawls’s position has direct relevance to such
bioethical issues as who should have access to NATURAL LAW ETHICS
health care, how donated organs should be • Natural law theories of ethics share the general idea
distributed, and who should pay for society’s that the rightness of actions is something
medical costs. determined by nature itself, rather than by the laws
• Rawls argues that there are two fundamental and customs of societies or the preferences of
principles of justice: individuals.
1. Each person is to have an equal right to the • The most well-known, and fully articulated, version
most extensive total system of equal basic of natural law is that formulated by St. Thomas
liberties compatible with a similar system of Aquinas and endorsed by the Catholic Church.
liberty for all. • Borrowing from Aristotle, the Thomistic version of
2. Social and economic inequalities are to be natural law sees the universe organized in a
arranged so that they are both teleological way. That is, the universe is structured in
a. to the greatest benefit of the least such a way that each thing in it has a goal or
advantaged purpose. Thomism importantly add that this
b. attached to offices and positions open teleological structure was brought about by God so
to all under conditions of fair equality that the purposes found in the Universe are a
of opportunity. reflection of God’s purposes.
Principles of justice • For example, when conditions are right, a tadpole
• For Rawls, these two principles are taken to govern will develop into a frog. In its growth and change,
the distribution of all social goods: liberty, property, the tadpole is following “the law of its nature.” It is
wealth, and social privilege. achieving its goal.
• The first principle has priority. It guarantees a system • Humans have a material nature, just as a tadpole
of equal liberty for all. The second principle governs does, and in their own growth and development
the distribution of social goods other than liberty. they, too, follow a law of their material nature.
• Though Rawls’s overall position has relevance to • But humans also possess a trait that no other
individual medical decisions, it’s most important creature does: reason. Thus, the full development of
application is to the social institutions and practices human potentialities—the fulfillment of human
of medical care and research. purposes or ends —requires that we follow the
Bioethical example: Consent direction of the law of reason, as well as being
• According to Rawls’s principles it is wrong to exploit subjected to the laws of material human nature.
one group of people or even one person for the • We rely upon reason to determine what our ends
benefit of others. are and how we can achieve them. In particular,
• Thus, experiments in which people are forced to be reason directs us toward our good as the goal of our
subjects or are tricked into participating are ruled action, and what that good is, is discoverable within
out. our nature.
• A person has a right to decide what risks she is • The human good is “built into” human nature in the
willing to take with her own life and health. Thus, way that, in a sense, a frog is already “built into” a
voluntary consent is required before someone can tadpole. Thus, the good is that to which we are
legitimately become a research subject. directed by our natural inclinations as both physical
and rational creatures.
• These built-in inclinations are the basis for our moral 2. The death of Mary was a bad consequence of
duties. For example: saving Jodie but it was not the means; it was a
• Like other creatures, we have a natural foreseen but unintended by-product of saving
inclination to preserve our lives; Jodie.
consequently, reason imposes on us an 3. The doctors intended to save the life of Jodie, it
obligation to care for our health, not to kill was not to kill Mary.
ourselves, and not to put ourselves in 4. Saving the life of Jodie is morally as significant as
positions in which we might be killed. the death of Mary.
• We realize through reason that others have Principle of totality
a rational nature like ours, and we see that • This principle says that an individual has a right to
we are bound to treat them with the same dispose of his or her organs or to destroy their
dignity and respect that we accord capacity to function only to the extent that the
ourselves. general well-being of the whole body demands it.
• When we see that humans require a society • Thus, it is clear that we have a natural obligation to
to make their full development possible, we preserve our lives, but, by the Roman Catholic view,
realize that we have an obligation to we also have a duty to preserve the integrity of our
support laws and practices that make bodies.
society possible. • This duty is based on the belief that each of our
• We have a natural inclination to propagate organs was designed by God to play a role in
our species (viewed as a “natural” good), so maintaining the functional integrity of our bodies—
reason places on us an obligation not to that each has a place in the divine plan. As we are
thwart or pervert that inclination (by for the custodians of our bodies, not their owners, it is
example using condoms or masturbating). our duty to care for them as a trust.
• As the examples illustrate, according to natural law • The principle of totality has implications for a great
ethics, through the application of reason, it should number of medical procedures.
be possible to establish a body of moral principles • Strictly speaking, even cosmetic surgery is morally
and rules. These are the doctrines of natural law. right only when it is required to maintain or ensure
• Following are two principles especially relevant to the normal functioning of the rest of the body.
bioethics. • More important, procedures that are typically
Principle of double effect employed for contraceptive purposes— vasectomies
• A particular kind of moral conflict arises when the and tubal ligations—are ruled out since such
performance of an action will produce both good procedures involve “mutilation” and the destruction
and bad effects. On the basis of the good effect, it of the capacity of the organs of reproduction to
seems it is our duty to perform the action; but on function properly.
the basis of the bad effect, it seems our duty not to
perform it. VIRTUE ETHICS
• What are we obligated to do in this situation? The • Virtue ethics is ethics based on character. Its
principle of double effect is intended to help in the fundamental idea is that a person who has acquired
resolution of these kinds of conflicts. the proper set of dispositions will do what is right
• The principle holds that such an action should be when faced with a situation involving a moral choice.
performed only if the intention is to bring about the • Thus, virtue ethics doesn’t involve invoking
good effect and the bad effect will be an unintended principles or rules to guide actions.
or indirect consequence. More specifically, four • The virtuous person is both the basic concept and
conditions must be satisfied: the goal of virtue ethics. The virtuous person is one
1. The action itself must be morally indifferent or who acts right, because she is just that sort of
morally good. person.
2. The bad effect must not be the means by which • Right actions flow out of character, and the virtuous
the good effect is achieved. person has a disposition to do the right thing. Rules
3. The motive must be the achievement of the need not be consulted, calculations need not be
good effect only. performed, abstract duties need not be considered.
4. The good effect must be at least equivalent in • In medical contexts, virtue ethics calls attention to
importance to the bad effect. the central role which such virtues as courage,
Double effect example loyalty, integrity, compassion, and benevolence,
• The principle might be illustrated by the example of along with determination and intelligence, should
Mary and Jodie: play in the practices of medical providers.
1. The doctors wanted to save the life of Jodie, a
morally good action.
CARE ETHICS institutions. The following rules reflect this basic
• Care ethics is an outgrowth of feminist ethics or, sentiment.
perhaps more accurately, is a particular strand of • They are best understood in terms of John
feminist ethics. Rawls’ position summarized earlier.
• Care ethics is not a unified doctrine that can be • From a bioethical perspective, they have clear
captured in a set of abstract statements. It is relevance to questions about, for example,
perhaps best characterized as a family of beliefs access to health insurance, the distribution of
about the way values should be manifested in organs, and who should shoulder the burden of
character and in behavior. health care costs.
• It is unified by a set of shared concerns and
commitments, as well as by the rejection of the
traditional philosophical view that ethics can be
adequately represented by rules and principles. • Rules of distributive justice include:
• As the name implies, the sentiment of caring is 1. Equality
taken as a central consideration in deciding what to - According to the principle of equality, all
do. In medical ethical contexts this perspective is benefits and burdens are to be distributed
perhaps exemplified by how a doctor looks at his or equally.
her patient: is this a problem to fix or is this a 2. Need
person whose health I care about? - The principle of need is an extension of
the egalitarian principle of equal
GENERAL MORAL PRINCIPLES RELEVANT TO BIOETHICS distribution.
The following are thumbnail sketches of a number of - If goods are parceled out according to
principles which most, if not all, of the ethical individual need, those who have greater
theories considered endorse in one form or another. needs will receive a greater share.
They all have relevance to bioethical issues. - However, the outcome will be one of
Principle of Non-maleficence equality.
• “Above all, do no harm” is perhaps the most - Since the basic needs of everyone will be
famous and most quoted of all moral maxims in met, everyone will end up at the same level.
medicine. It captures in a succinct way what is The treatment of individuals will be equal,
universally considered to be an overriding duty in this respect, even though the proportion
of anyone who undertakes the care of a patient. of goods they receive will not be.
Principle of beneficence 3. Contribution
• The principle of beneficence can be stated in - According to the principle of contribution,
various and different ways. Here is one people should get back that proportion of
formulation: We should act in ways that social goods that is the result of their
promote the welfare of other people. That is, productive labor.
we should help other people when we are able 4. Effort
to do so. - According to the principle of effort, the
Principle of utility degree of effort made by the individual
• The principle of utility can be formulated in this should determine the proportion of goods
way: We should act in such a way as to bring received by the individual.
about the greatest benefit and the least harm. Principle of autonomy
• The principle is the very foundation of the moral • The principle of autonomy can be stated this way:
theory of utilitarianism. However, the principle Rational individuals should be permitted to be self-
need not be regarded as unique to determining. According to this formulation, we act
utilitarianism. autonomously when our actions are the result of our
• It can be thought of as one moral principle own choices and decisions.
among others that present us with a prima facie • Autonomy is significant not only because it is a
duty, and, as such, it need not be regarded as condition for moral responsibility, but because it is
always taking precedence over others. through the exercise of autonomy that individuals
• In particular, we would never think it was shape their lives. Autonomy is a significant
justified to deprive someone of a right, even if consideration when thinking about euthanasia and
by doing so we could bring benefit to many abortion.
others.
Rules of distributive justice
• We expect (and can demand) to be treated
justly in our dealings with other people and with
ETHICS AND ETHICAL THEORIES Rights-based contract theories
(excerpt taken from Herman T. Tavani, Ethics and • Jefferson (1776) and Aquinas (1225-1274)
Technology, Chapter 2, Wiley, 2004.) • Natural rights or inalienable and self-
evident rights
CONSEQUENCE BASED ETHICAL THEORIES • Legal rights – positive rights and negative rights
• Bentham (1748-1832) and Mill (1806-1873) • Negative rights
• What results from an act • Privacy, no interference in right to vote
• The ends justify the means • Positive rights
• Principle of social utility measured by the resulting • Education (in US through 12th grade)
amount of happiness
Utilitarianism CHARACTER-BASED ETHICAL THEORIES
• Act utilitarianism – Act is good if it results in the • Virtue ethics - Plato (427?-327 BCE) and Aristotle
greatest good for the greatest number. (384-322 BCE)
(What happens to minority?) • Development of good character traits and habits
• Rule utilitarianism – Act is good if it comes from • Be a moral person rather than just follow rules
following rules that bring good to greatest number. • Agent-oriented rather than action or rule-oriented
(Should we base ethics on happiness and pleasure?) • Develop character traits such as kindness,
truthfulness, honesty, trustworthiness, helpfulness,
DUTY-BASED ETHICAL THEORIES: DEONTOLOGICAL generosity, and justice
THEORIES • More likely to work in homogeneous societies rather
• Kant (1724-1804) – Duties and obligations that than our pluralistic one
people have to one another. • Consequences often should be taken into account
• People have rational natures
• People should never be treated as means to the SINGLE COMPREHENSIVE THEORY
ends of others • Rawls (1971) and Moor (1999) – Just-
• Each individual has the same moral worth as every Consequentialist Theory
other. • Start with core values – ‘Do no harm’
Rule deontology • Support justice, rights, and duties – ‘Do your duty’
Kant’s categorical imperative • Settle conflicts – two steps
• Rules that all individuals should be treated as ends in • Consider situation impartially without
themselves and not means to an end. regard to specific case – choice between
• Rules that can be universally binding for all people. ethical vs. unethical policies
• One person or group should not be privileged over • Consider consequences of specific case –
all others. choice between better vs. worse policies
• Consider whether problem is disagreement about
Act deontology facts rather than value differences
• Ross (1930) - Problem if two conflicting moral duties
• When conflict, consider individual situations
• Prima facie (self-evident) duties.
• Honesty, justice, helpfulness
• Actual duty – What to do when have conflicts.
• Use rational intuitionism.
• Weigh evidence to decide course of action in
particular case

CONTRACT-BASED ETHICAL THEORIES


• Hobbes(1588-1679) – Premoral state
• state of nature where all free to do as like
• People establish formal legal code
• In each person’s self-interest to develop system with
rules
• Objections – Depends only on formal legal rules
• Difference between ‘doing no harm’ and ‘doing
good’.

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