ethics of CJ ch2
Ethical system
A structured set of principles that defines what is moral.
the principles of Kant's categorical imperative of morality (Bowie, 1985: 157):
Act only on that maxim through which you can at the same time will that it should become a universal law. Act in such 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 Act as if you were, through your maxims, a lawmaking member of a kingdom of ends
Close and Meier propose that the criminal justice individual based ethical decisions on these principals;
Does the action violate another person's constitutional rights, including the right of due process? 2. Does the action involve treating another person only as a means to an end? 3. Is the action illegal ? 4. Do you predict that your action will produce more bad than good for all persons affected? 5. Does the action violate department procedure or professional duty?
____ completely turns around the priorities of utilitarianism to put the individual first, before anyone else and before society as a whole;
Egoism
_____ is a deontological system.
Ethical formalism
Criticisms of ethical formalism include the following
Ethical formalism seems to be unresponsive to extreme circumstances. Morality is limited to duty . The priority of motive and intent over result is problematic in some instances The priority of motive and intent over result is problematic in some instances
Habits of moral virtue are obtained by following the example of a moral ____
Exemplar
Universalism is basically the _____: Do unto others as you would have them do unto you.
Golden Rule
What are the steps to come to an ethical resolution?
Identify the facts. Identify relevant values and concepts Identify all possible moral dilemmas for each party involved. Decide what is the most immediate moral or ethical issue facing the individual. Resolve the ethical or moral dilemma by using an ethical system or some other means of decision making.
philosopher____ states , that the only thing that is intrinsically good is a good will
Immanuel Kant
According to Barry (1985: 51-54), human beings can "know" God's will in three ways:
Individual conscience religious authorities. holy scripture
Act only on that maxim through which you can at the same time will that it should become a universal law.
Kant's categorical imperative of morality. In other words, for any decision of behavior to be made, examine whether that behavior would be acceptable if it were a universal law to be followed by everyone. For instance, a student might decide to cheat on a test, but for this action to be moral, the student would have to agree that everyone should be able to cheat on tests.
Act in such 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
Kant's categorical imperative of morality. In other words, one should not use people for one's own purposes. For instance, being friendly to someone so that you can use her car is using her as a means to one's own ends. charity or doing charitable acts for others, would be considered immoral if done for ulterior motives such as self-aggrandizemen
Act as if you were, through your maxims, a lawmaking member of a kingdom of ends
Kant's categorical imperative of morality. This principle directs that the individual's actions should contribute to and be consistent with universal law. However, the good act must be done freely. If one is compelled to do a good act, the compulsion removes the moral nature of the act.
What class was associated with the virtues of justice, wisdom, fortitude, and temperance?
Leaders (wisdom), soldiers (fortitude or courage), and all others (temperance).
What does "logically impartial or universal" mean in the characteristic of and ethical system?
Moral considerations arising from ethical sys-tems are not relative. The same rule applies in all cases and for everyone.
Cultural relativism
The idea that values and behaviors differ from culture to culture and are functional in the culture that holds them.
______ commands action that is necessary without any reference to in-tended purposes or consequences. The concept that some things just must be, with no need for further justification, explanation, or rationalization for why they exist. Do your duty, act in a way you want everyone else to act, and don't use people.
categorical imperative
Braswell and Gold propose that the peacemaking process is composed of three parts:
connectedness, caring, and mindfulness:
To be accepted as an ethical system, the system of principles must be internally________
consistent, must be consistent with generally held beliefs, and must possess a type of "moral common sense."
_____ postulates that what is good for one's survival and personal happiness is moral
egoism
The ethical system
espoused by Kant that focuses on duty; holds that the only thing truly good is a good will, and that what is good is that which conforms to the categorical imperative.
What form the base of the pyramid and are the foundation for the moral rules that we live by?
ethical systems
______ has been described as a feminine morality because women in all societies are the child bearers and consequently seem to have a greater sensitivity to issues of care.
ethics of care
The goal of life, according to Aristotle, is_____
eudaimonia
Ruggiero (2001) proposes that ethical dilemmas be evaluated using what three basic criterias?
examine one's obligations and duties and what one has promised to do by contract or by taking on a role. examine moral ideals such as how one's decision squares with prudence, temperance, justice, honesty, compassion, and other ideals. The third principle is to evaluate the act to determine if it would result in good consequences
The most commonly utilized ethical systems in philosophical conversations are ethical ______
formalism and utilitarianism.
_______ is based on this question: "What would happen if all similar persons acted this way under similar circumstances?"
generalization principle
moral virtues;
generosity. self control
eudaimonia
living a good life, reaching achievements, and attaining moral excellence. (Happiness, flourishing)
Logos
masculine spirit
Hinman (1998) resolves this debate by defining the balance between absolutism and relativism as ______
moral pluralism
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.
natural law
The moral virtues are not sufficient for "the good life"; one must also have the intellectual virtues, primarily_______.
practical reason
The most commonly utilized ethical systems are ______
religion and utilitarianism.
With ______, then, we are concerned not only with the immediate utility of the action but also with the long-term utility or harm if the action were to be a rule for all similar circumstances.
rule utilitarianism
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 Copyright | CENGAGE Learning | Ethical Dilemmas and Decisions in Criminal Justice | Edition 8 | [email protected] | Printed from www.chegg.com
situational ethics
A ______ ethical system judges the consequences of an act. Even a bad act, if it results in good consequences, can be defined as good
teleological
Utilitarianism is a______ ethical system.
teleological
To assassinate evil tyrants such as Adolf Hitler, Saddam Hussein, or Osama Bin Laden might be considered moral under a ________
teleological system
In Nicomachian Ethics, Aristotle wrote;
that to be good, one must do good. Virtues that a good person possesses include thriftiness, temperance, humility, industriousness, and honesty.
What are the virtues the Six Pillars of Character promulgated by the Josephson Institute of Ethics?
trustworthiness. respect. responsibility. fairness. Caring. citizenship.
________determines the ethics of conduct by the good or bad consequences of the action.
utilitarian principle
______ looks to the long-term consequences of the prescribed rules to determine their morality.
utilitarianism
Intellectual virtues;
wisdom. understanding
" front page " test.
This ethical check asks us to evaluate our decision by whether or not we would be comfortable if it was on the front page of the newspaper.
A system such as ethical formalism is considered to be an _______
absolutist system
Utilitarianism has two forms: ________
act utilitarianism and rule utilitarianism.
ethical formalism
actions themselves are judged right or wrong depending on the motives behind them
Jean-Jacques Rousseau's (1712-1778)
argued that it is humans' natural compassion that is the basis of human action and the idea that morality is based in emotion rather than rationality
moral theories or moral philosophies
as a systematic ordering of moral principles.
the situationalist position
believe that God's will varies according to time and place
Relativists
believe that what is right is determined by culture and/or individual belief; and that there are no universal laws.
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
A fundamental question discussed by philosophers and Christian religious scholars is whether God commands us not to commit an act because it is inherently wrong or whether an act acquires its _______
"badness" or "goodness" solely from God's definition of it.
Aristotle defined virtues as ______
"excellences."
under a teleological system. The saying_______ is a teleological statement.
"the end justifies the means"
The ________asserts that we should always act so as to produce the greatest possible ratio of good to evil for everyone concerned"
"utilitarian doctrine "
Who is the "father" of free enterprise, and promoted a type of practical egoism, arguing that individuals pursuing their own personal good would lead to nations prospering as well?
Adam Smith
What are criticisms of the utilitarian doctrine?
All "pleasures" or benefits are not equal . The system presumes that one can predict the consequences of one's actions There is little concern for individual rights in utilitarianism
Peacemaking justice
An ancient approach to justice that includes the concepts of compassion and care, connectedness and mindfulness
Who disagreed with the idea that bad behavior occurred only through ignorance and argued that there were people who chose to behave in ways that were not virtuous?
Aristotle
_____believed that we are by nature neither good nor evil, but become so through training and the acquisition of habits
Aristotle
According to ______, human nature seeks to maximize pleasure and avoid pain, and a moral system must be consistent with this natural fact.
Bentham
____work on moral development in psychology identified a feminine approach to ethical decision making that focused on relationships and needs instead of rights and universal laws.
Carol Gilligan's
What does "prescriptive" mean in the characteristic of and ethical system?
Certain behavior is demanded or proscribed. They are not just abstract principles of good and bad but have substantial impact on what we do.
______defines good as that which contributes to the health and survival of society.
Cultural relativism
What states that virtue is always the median between two extremes of character. For in-stance, proper pride is the mean between empty vanity and undue humility?
Principle of the Golden Mean
Who associated virtue with knowledge and said that ignorance led to bad behavior because if one was rational and wise, he or she would know what virtue was and behave accordingly?
Socrates
Who described natural law as the "steward" of natural rights?
Souryal
Who distinguished natural law from God's law, and placed reason at the epicenter of the natural law system: "Whatever is contrary to the order of reason is contrary to the nature of human beings as such; and what is reasonable is in accordance with human nature as such"
St. Thomas Aquinas in Summa Theologiae
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
Moral Pluralism
The concept that there are fundamental truths that may dictate different definitions of what is moral in different situations.
Ethics of virtue
The ethical system that bases ethics largely upon character and possessions of virtue
Ethics of care
The ethical system that defines good as meeting the needs of others and preserving and enriching relationships.
Religious Ethics
The ethical system that is based on religious beliefs of good and evil; what is good is that which is God's will.
Islam
The five pillars of Islam are (1) repetition of the creed (Shahada), (2) daily prayer ( Salah ), (3) almsgiving (Zakat), (4) fasting (Sawm ), and (5) pilgrimage (Hajj ). Muhammad. Holy war
Hinduism
The goal is to escape the eternal birth/rebirth cycle by living one's life in a moral manner so no bad karma will occur . People start out life in the lowest caste, but if they live a good life, they will be re-born as members of a higher caste,
deontological ethical system
The study of duty or moral obligation emphasizing the intent of the actor as the element of morality.
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. Ex. rule utilitarianism would be concerned with the effect that the action would have if made into a rule for behavior: "Any time an individual cannot afford food, he or she can steal it" would contribute to a state of lawlessness and a general disrespect for the law
What does "Not self-serving" mean in the characteristic of and ethical system?
They are directed toward others; what is good is good for everyone, not just the individual.
What does "authoritative" mean in the characteristic of and ethical system?
They are not ordinarily subject to debate. Once an ethical frame-work has been developed, it is usually beyond question.
Baelz (1977: 19) further described ethical systems as having the following characteristics:
They are prescriptive. They are authoritative . They are logically impartial or universal They are not self-serving
Aristotle
Wrote Nicomachian Ethics
What are some issues with the ethics of virtue?
You may have to figure out which virtue to sacrifice. the "right" decision is unclear—the ethics of virtue does not provide the type of equation to arrive at the right answer
Rule utilitarianism
______ may be closer to the principles of ethical formalism because it weighs the utility of such actions after they have been made into general laws.
Alasdair MacIntyre (1991: 204),
a contemporary philosopher, that defines virtues as those dispositions that will sustain us in the relevant "quest for the good, by enabling us to overcome the harms, dangers, temptations and distractions which we encounter, and which will furnish us with increasing self-knowledge and increasing knowledge of the good."
is one that is concerned solely with the inherent nature of the act being judged. If an act or intent is inher-ently good (coming from a good will), it is still considered a good act even if it results in bad consequences.
deontological ethical system
in the ________, if the act and intent of killing are wrong, then killing is always wrong; thus, assassination must be considered immoral in all cases, regardless of the good consequences that might result.
deontological view
act utilitarianism
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. Ex. act utilitarianism might support stealing food when one is hungry and has no other way to eat because the utility of survival would outweigh the loss to the store owner.
Buddhism
good behavior is that which follows the "middle path" between asceticism and hedonistic pursuit of sensual pleasure. passion for all living beings. Compassion and wisdom are needed in equal measures. Ethical conduct can be broken into right speech (refraining from lies, slander, enmity, and rude speech), right action (abstaining from destroying life, stealing, and dishonest dealings, and helping others lead peaceful and honorable lives), and right livelihood (abstaining from occupations that bring harm to others)
Moral virtue comes from ______
habit
utilitarianism
holds that morality must be determined by the consequences of an action. Society and the survival and benefit of all are more important than any individual. Something is right when it benefits the continuance and good health of society.
Principal of forfeiture
holds that people who treat others as means to an end or take away or inhibit their freedom and well-being forfeit the right to protection of their own freedom and well-being
The natural law ethical system
holds that there is a universal set of rights and wrongs that is similar to many religious beliefs, but without reference to a specific supernatural figure.
______ are commands that designate certain actions to attain certain ends. An example is, " If I want to be a success, then I must do well in college,"
hypothetical imperatives
absolutist system
if some-thing is wrong, it is wrong all the time, such as murder or lying.
_______ directs a decision maker to act according to a specific, unbending rule.
imperative principle
Capitalism
is based on the premise that everyone pursuing self-interest will create a healthy economy:
What is the problem with the natural law theory?
is identifying what acts are consistent and congruent with the natural inclinations of human-kind. How do we know which acts are in accordance with the natural order of things? How do we know its a moral law or a mistake in human perception. (slavery)(women)
absolutism
is the position that if something is wrong it is always wrong.
What are the four virtues identified by Socrates and Plato?
justice, wisdom, fortitude, and temperance
Universalism
the position that what is considered wrong is wrong for all people for all time and if one wants to perform a certain act, one would have to agree that anyone else should be able to do it as well.
According to this position, situational factors are important in determining the rightness of a particular action. Something may be right or wrong depending on the circumstances(stealing for food, lying to protect)
the situationalist position
What are the characteristics of an ethical system?
they are the source of moral beliefs. Second, they are the underlying premises from which you make judgments. Third, they are beyond argument.
