Ethics - Chapters 1 & 2

Close & Meier apply Ruggiero's methods of solving ethical dilemmas specifically to CRJU by asking a series of questions. List some.

- Does the action violate another's constitutional rights, including due process? - Does the act involve treating another person only as a means to an end? - Is the action under consideration illegal? - Do you predict your action will produce more bad than good for all person's affected? - Does the action violate department procedure or professional duty? - The "front page" test.

What are the "natural" inclinations of human rights? (Natural Law)

- preservation of one's own being - sociability - pursuit of knowledge and understanding of the universe

List Kant's principles of ethical formalism

1. Act only on the truth through which you can at the same time will that it should become a universal law (only do what is so good that you'd make it into law) 2. Act in a way that you always treat humanity, whether in your own person or that of any other, never simply as a means but always at the same time as an end (treat others as if it is the last time either of you will see each other; leave a good last impression) 3. Act as if you were, through a code of conduct, a law making member of a kingdom of ends (act as if the whole world is watching and you must be good)

Religion as an Ethical System many religions have own form of golden rule legalist position is God is untouchable and positions on moral questions are absolute, not situational -According to Barry (1985:51-54), in what three ways can human beings "know" God's will?

1. Individual Conscience (best source) - if one feels uncomfortable about an action, it is likely wrong 2. Religious Authorities - such as a preacher or pope; can interpret right and wrong when we're confused 3. Holy Scriptures - go directly to the religious text (ie Bible, Koran, Torah)

Ethical Issues

Difficult social questions that include controversy over the "right" thing to do

Examples of fundamental rules of behavior for morality

Don't Kill Innocent People Don't Cause Unnecessary Pain Don't Cheat or Steal Tell the Truth

*Social Justice/Injustice

CRJU cannot be more than society it protects If injustice prevails within society, options of CRJU are limited If widespread social or economic injustice exists, CRJU system becomes nothing more than "cleanup detail"

Special Moral Demands/Challenges of Criminal Justice (Notes)

CRJU claims type of legitimacy such that citizens are obligated to obey it, not just forced *Force of Obligation = Rule of Law *Punishment *Social Justice/Injustice

Review the difference between categorical imperative and hypothetical imperative.

Categorical - things must be a certain way with no explanation, no rhyme or reason Hypothetical - "if, then" statements ; things are this way because of this reason

Enlightened Egoism

The concept that egoism may appear to be altruistic because it is in one's long-term best interest to help others in order to receive help in return.

Psychological Egoism

The concept that humans naturally and inherently seek self-interest, and that we can do nothing else because it is our nature.

Categorical Imperative

The concept that some things just must be, with no need for further justification, explanation, or rationalization for why they exist (Kant's categorical imperative refers to the imperative that you should do your duty, act in a way you want everyone else to act, and don't use people).

Utilitarianism

The ethical system that claims that the greatest good is that which results in the greatest happiness for the greatest number; major proponents are Bentham and Mill.

Egoism

The ethical system that defines the pursuit of self-interest as a moral good. What is good benefits me

Natural Law

The idea that principles of morals and rights are inherent in nature and not human-made; such laws are discovered by reason but exist apart from humankind. What is good comes naturally/is natural

Situational Ethics

The philosophical position that although there are a few universal truths, different situations call for different responses; therefore, some action can be right or wrong depending on situational factors.

Act Utilitarianism

The type of utilitarianism that determines the goodness of a particular act by measuring the utility (good) for all, but only for that specific act and without regard for future actions.

Rule Utilitarianism

The type of utilitarianism that determines the goodness of an action by measuring the utility of that action when it is made into a rule for behavior.

Situational Ethics (Notes) basic principles of right and wrong can be applied to ethical dilemmas and moral issues different results may come from different situations depending on needs, concerns, relationships, resources, weaknesses, and strengths of individual actors Concept offered as a way to reconcile the question as to whether ethics are universal Explain the difference between relativism and situational ethics

absolute norms are recognized in situational ethics, wher as there are no absolute definitions of right and wrong under relativism

The Golden Mean

actions between two extremes principle that virtue is always the median between two extremes of character

Superogatories

actions that are commendable but not required in order for a person to be considered moral

Peacemaking Justice

ancient approach to justice including concepts of compassion, care, connectedness, and mindfulness

Ethics of Virtue - asks what question? roots in work of Aristotle (Virtues=Excellences), believed we are neither good nor evil by nature but by training and acquisition of habits - List the virtues possessed by a good person

asks "what is a good person?" 1. thriftiness 2. temperance 3. humility 4. industriousness 5. honesty

Moral Skepticism

aspect of normative approach to reality "Keeping an open mind" denies objective basis to truths honest differences of opinion are possible and there are multiple ethical theories, each deserving a separate study

Moral Absolutism

closer to ethnocentrism in sociology another form of moral relativism focuses on any particular society/culture as dominant, which should serve as a guide to all others/rest of the world assumes there is only one moral principle that exists and from which all others derive *DO NOT confuse morality with laws.

Teleological Ethical System

concerned with consequences/ends of an action to determine goodness; relating to the doctrine of design and purpose in the material world

Moral Relativism (Notes)

considered opposite of normative approach to ethics one would describe either a person, society, or standard then compare or relate to other persons, societies, or standards

Ethics of Care (Notes) -emphasizes ___ , found by Carol Gilligan's work on moral development described as feminine morality because women in all societies are child bearers and have a greater sensitivity to care represented more by rehabilitative model of corrections

emphasizes human relationships and needs

*Rule Utilitarianism (Notes) actions judged in reference to precedent it sets & long-term utility of rule set by that action may be closer to principles of ethical formalism because it looks at general universal laws, but there are differences. List the differences

ethical formalism - laws judged by motives utilitarianism - laws judged by long term consequences

Ethical Formalism (Deontology)

ethical system (espoused by Kant) focused on duty; only thing truly good is a good will and what is good conforms to the categorical imperative

Religious Ethics

ethical system based on religious beliefs of good and evil; what is good is that which is God's will

Ethics of Care

ethical system defining good as meeting the needs of others and preserving & enriching relationships What is good meets the needs of those concerned

Wholesight

exploring issues with one's heart as well as one's mind

Morality Objective

focus on good over evil leads to applied ethics (mostly concerned with outcomes of decision making) governs behavior affecting others lessen evil/harm

Moral Subjectivism

form of moral relativism focuses on individual persons and whether or not they live by own principles morality = relative

Natural Law (Notes) morality part of natural order of universe preservation of own being is a basic, natural inclination, thus basic principle of morality Social Contract Theory Give an example of a natural inclination of humans

humans are social animals sociability = natural inclination sociability = altruism and generosity

Principle of Forfeiture

idea that one gives up their right to be treated under the principles of respect for persons to the extent that one has abrogated someone else's right associated with deontological ethical systems people who take away/inhibit another's freedom & well-being forfeit their own right to protection of freedom & well-being

Cultural Relativism

idea that values and behavior differ from culture to culture & are functional in the culture that holds them defines "good" as that which contributes to the health and survival of society

Ethical Dilemmas (Notes)

involves decision making opportunities that seemingly have no right choice (damned-if-i-do/damned-if-i-don't) determine a person's ethical system tend to involve behavioral choices where resolution or decision affects others as well as self not always resolved in the same/a moral way

Values

judgements of desirability, worth, or importance

Social Contract Theory

members of society were originally engaged in a "war of all against all". The "contract" is where individuals give up their freedom to aggress against others in exchange for own personal safety

Imperfect Duties

moral duties that are not fully explicated or detailed

Professional Ethics

more specific type of applied ethics relating to the behavior of certain professions or groups

Morality Key Elements

public/affects others applies to all rational persons collection of ideas of right and wrong behavior forms basis for ethical systems system governing behavior (code of conduct) referred to as "moral principles", "mores", or "proverbs"

Socrates and the Concept of Eudaimonia/Eudemonia

pursuit of excellence and virtue Eudaimonia = self-completion; self-actualization; good life characterized by virtue and moderation

Ethical Systems (Notes)

refers to clear, coherent & consistent set of moral principles puts forward moral principles significantly impacting our character, personality, and everyday life

Duties

required behaviors or actions; the responsibilities that are attached to a specific role

Ethical Formalism (Notes) a deontological system (the determinant for judging whether an act is moral isn't its consequence but the motive/intent) "the only thing inherently good is a good will" - Immanuel Kant (1824-1804) considered an absolutist system : if something is wrong, it is always wrong Several criticisms:

seemingly unresponsive to extreme circumstances morality limited to duty priority of motive and intent over problematic result in some situations

Philosophies

sets of principles or beliefs that constitute a worldview (or paradigm)

Ethical Dilemmas

situations in which decision making is mad difficult, either because the right course of action is not clear, or the right course of action carries some negative consequences

Hypothetical Imperative

statements of demand (if, then statements) usually connected with categorical imperatives

Deontological Ethic System

study of duty or moral obligation emphasizing the intent of the actor as the element of morality

Applied Ethics

the application of ethical principles to specific issues

Discretion

the authority to make a decision between two or more choices

Imperative Principle

the concept that all decisions should be made according to absolute rules directs decision maker to act according to a specific, unbending rule

Moral Pluralism

the concept that there are fundamental truths that may dictate different definitions of what is moral in different situations

Ethics

the discipline of determining good and evil & defining moral duties

Meta-Ethics

the discipline that investigates the meaning of ethical systems and whether they are relative or are universal, and are self-constructed or are independent of human creation

Ethical Plurality

the diversity in ways to resolve ethical dilemmas exists because few people agree on everything that constitutes right or wrong

*Punishment

the most morally possible punishment must be provided when needed by law punishment must fit crime Kant's Philosophy of Law (1887) - "Whoever has committed murder must die" < retributive theory of punishment

Utilitarian Principle

the principle that all decisions should be made according to what is best for the greatest number determines ethics of conduct by good or bad consequences of actions

Generalization Principle

the principle that all decisions should be made assuming that the decision would be applied to everyone else in similar circumstances based on question "What would happen if all similar persons acted this way under similar circumstances?"

Moral Nihilism

there is no truth; nothing is inherently wrong moral practitioners never advocate this absence of morality more extreme position than moral skepticism written about extensively by German Philospher Friedrich Nietzsche

*Force of Obligation = Rule of Law

works when people realize the power behind this force comes from public trust Law is not Morality (hence disagreements, diversity and ethical plurality exist)

Egoism - Ethical System or Not? what is good for one's survival and personal happiness is moral - rejected by most philosophers because it violates basic tenets of an ethical system capitalism based on premise that everyone pursuing his/her self-interest will create a healthy economy Define Psychological Egoism. Define Enlightened Egoism.

Psychological Egoism - humans are naturally egoists; to not be an egoist is unnatural - it is natural to put yourself first Enlightened Egoism - humans help others because it is in one's best interest in order to receive help in return -even selfless acts are egotistic because they bring self-satisfaction -treat others how you wanna be treated in return

Plato's book "Metaphysics" is divided into 3 sections

1. Ontology - study of nature of reality ("on" - greek for "reality") ("Logos" - greek for "study") 2. Theology - study of gods Does a god exist? 3. Universal Science - Origins of the universe Search for first principles

Stoicism-Zeno Hellenistic Philosophy (323-31 BCE) Post Socratic; Continued some Plato Reason leads to virtue thus 2 groups of people

1. Rational (Virtuous) 2. Irrational (Evil) People should therefore seek a virtue, a duty = true happiness

Plato's 4 Virtues (Defined by Aristotle as "Excellences"

1. Wisdom 2. Courage 3. Moderation 4. Justice

Utilitarianism (Notes) teleological system - what is good is defined by consequences "the morality of an actual should be determined by how much it contributes to the good of the majority" - Jeremy Bentham (1748-1832) utilitarianism = total happiness - List the three criticisms of Utilitarianism *Act Utilitarianism *Rule Utilitarianism

1. all pleasures/benefits not of equal value 2. presumes one could predict consequences of actions 3. little concern for individual rights

According to Ruggiero, ethical dilemmas should be evaluated using what three criteria?

1. one should examine one's obligations and duty (ethical formalism) 2. examine moral ideas (ethics of virtue) 3. evaluate if act will result in good consequences (utilitarianism)

Baelz describes ethical systems as having these characteristics

1. prescriptive 2. authoritive 3. not self-serving 4. logically impartial/universal

Ethical System characteristics

1. source of moral beliefs 2. underlying premises from which you make judgements 3. beyond argument 4. must possess type of "moral common sense" may also be called "moral theories" or "moral philosophies"

Special Moral Demands/Challenges of Criminal Justice (LISTED)

1. the accommodation of all existing diverse ethical systems (ethical plurality) 2. role as final arbitrator (an independent person or body officially appointed to settle a dispute) 3. Social Justice - CRJU cannot be more than society it protects

List the 6 Pillars by Josephson Institute

1. trustworthiness 2. respect 3. responsibility 4. fairness 5. caring 6. citizenship

Ethical System

A structured set of principles that define what is moral

Principle of the Golden Mean

Aristotle's concept of moderation, in which one should not err toward excess or deficiency; this principle is associated with the ethics of virtue

Explain the "front page" test as a method to solving ethical dilemmas

Asks us to evaluate our decision by whether or not we'd be comfortable if it was on the front page of a newspaper

Ethics of Virtue

Ethical System largely based on character and possession of virtues What is good conforms to the Golden Mean

Are there situations is which lying is acceptable? (Ethical Formalism)

Ethical formalism is an absolutist system, that is, if something is ever wrong, it is always wrong. Therefore, those like Kant with ethical formalist beliefs, would say lying is never acceptable. If you were to look from the utilitarianism point of view, it would be found that telling a lie could be acceptable if it leads to a positive outcome. For example, utilitarianism says that if you do not tell the truth to an attacker who is undeserving of the truth, it is not a lie. Ethical formalism says that if one intentionally sets out to deceive, then it is a lie, regardless of whether or not it is being told to someone underserving of the truth. (Lecture notes & CH 2; Pg 33-35)

Panthiests

Identified all nature with God thus people are appendages (pneuma) of God

Can you think of any acts that result in bad consequences but should still be considered good acts? What about bad acts resulting in good consequences? (Utilitarianism)

In the case of Charlie Brandt, as a child, something quite literally snapped in him, and he stole a gun to shoot father and his pregnant mother. Unfortunately, his mother and the unborn child did pass, but the father lived. Charlie was too young (13y.o.) to be tried as an adult at the time, so he was sent to a psychiatric hospital for a year. His father, assuming Charlie was simply mentally ill and had received the help he needed, brought Charlie home. At the age of 47, Charlie brutally murdered his niece and wife before hanging himself as well. It is thought that he killed more than seven women in his lifetime. Brandt's father brought him home out of love and care, only for it to result in the murder of more women than just his mother and her child. Using the same case, Charlie Brandt hanging himself would be seen as a bad act however with him dead, no more women can fall victim to his heinous crimes.

Values (Notes)

Judgements of worth, desirability, and importance 4 elements must be present for judgement 1. An Act 2. Act must be a human act/behavior 3. Act must be free will 4. Act must affect others

Ethical Pyramid

Moral Judgement - woman goes out drinking; leaves children at home Moral Rules- excessive drinking is bad; children should come before self; mothers should take care of their children; one should do one's duty Ethical System - ethical formalism, utilitarianism, religion, or ethics of care could be applied. rules are logically inconsistent with egoism

Do people who have the listed virtues never perceive moral dilemmas because they always do the right thing? - thriftiness - temperance - humility - industriousness - honesty (Ethics of Virtue)

Moral virtue comes from habit, so character is emphasized. Those with these virtues likely still encounter moral dilemmas, but it is very rarely, and must come from strong ethical dilemmas. Over small things, these people will never hesitate to do the right thing. CH 2; Pg 27

Distinguish between morality & behavior

Morality GOVERNS behavior, but is not behavior itself

Do most people do the right thing out of habit or reason? (Ethics of Virtue)

Most people do the right thing out of both habit and reason. Those that have developed a habit of virtue rarely need to stop to analyze what is wrong and what is right because they're so used to doing the right thing they never have to think about it. However, when those same people come across a more difficult ethical dilemma where the "right" decision may be a bit fuzzy, this is when they may need to use reason to make a good decision. CH 2; Pg 28

What are "Natural Rights"? Are they rights that everyone has purely by virtue of being alive? (Natural Law)

Natural Rights are rights, or freedoms, every individual is naturally given at birth that protect their personal lives, as well as aid to preserving their species. For instance, in the United States, everyone is given the right to life and liberty, and there is a natural law prohibiting murder. Should someone commit murder, they lose the right to their own life, which is why many murderers receive the death penalty.

There is a continuous debate over whether the U.S. needed to bomb Hiroshima & Negaski. Present the argument from both sides. Now consider: are they utilitarian arguments, ethical formalist arguments, or some other? (Ethical Formalism; Utilitarianism; etc)

One the one hand, bombing Hiroshima and Negaski did result in a quicker end to the war, as well as convincing Japan to surrender in the war. The bombing still killed innocents, but if the war had gone on longer, even more people would have died. It was necessary. On the other hand, those innocents were mothers, fathers, children, siblings, nieces, nephews, etc. They were somebody's family. Those innocent people were just living their lives while their country officials made their horrible decisions. Killing them, no matter how you look at it, was extremely wrong and could have been avoided. My first argument is utilitarian because it did benefit more people, especially in the long-run (Rule Utilitarianism) My second argument is Ethical Formalism because regardless of consequences or reasoning, murder is bad. No if's, ands, or buts.

Characteristics of Moral Theories

PREscriptive, not proscriptive (tell what to do by spelling out positives rather than negatives) Authoritative - not subject to debate Logically impartial/Universal - apply to everyone

Epicureanism Another Hellenistic Philosophy Post-Socratic Founded by Epicurus, advocated doctrine of Pacifism* Life's highest goal is pleasure NOT ?

Pacifism = tendency towards materialism NOT hedonistic (self-indulgent/pleasure-seeking)

Morals

Principles of right and wrong that guide a person on making decisions

In the movie "Sophie's Choice," a woman must choose which of her children to send to the gas chamber. If she doesn't make a decision, both children would be killed. How would ethical formalism resolve this dilemma? How would utilitarianism resolve this dilemma? (Ethical Formalism; Utilitarianism)

Under ethical formalism, it would be unthinkable to sacrifice any innocent, even if that means that everyone dies. Under Utilitarianism, it is justifiable to sacrifice one to save others.

Relativism & Absolutism Relativism allows for different rules and judgements about what is good Contrary principles but may be reconciled using concept of situational ethics Explain the critical arguments of universalists and absolutists on relativism.

Universalists - if moral absolutes are removed, subjective moral discretion leads to egoistic (and nationalistic) rationalization Absolutists - horrible events (ie, Holocaust, Slavery) happen because people promote what they think are good and do not apply absolute rules of morality and ethics, but utilize relativism.

Normative Ethics (Notes)

based on idea morality is public and applies to all rational beings focuses on what people SHOULD do define boundaries on what constitutes conformity and deviance *Norms are mental expectations, NOT actual behaviors*

Normative Ethics

determines what people ought to do and defines moral duties based on ethical systems or other means of analysis