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Ethical Dilemmas and Decisions in Criminal Justice

Tenth Edition

Chapter 2

Determining Moral Behavior

Learning Objectives

Define deontological and teleological ethical systems, and explain ethical formalism and utilitarianism.

Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law, religion, and ethics of care.

Discuss the argument as to whether egoism is an ethical system.

Explain the controversy between relativism and absolutism (or universalism).

Identify what is good according to each of the ethical systems discussed in the chapter.

Ethical Systems

Systematic ordering of moral principles that:

Form the basis for moral judgments

Are the source of moral beliefs

Are beyond argument

Are internally consistent

Possess a type of “moral common sense”

LO 1: Define deontological and teleological ethical systems, and explain ethical formalism and utilitarianism.

The Ethics of Virtue (1 of 2)

The ethics of virtue asks the question, “What is a good person?”

The roots of this system are in the work of Aristotle.

The “principle of the Golden Mean” is that virtue is always the median between two extremes of character.

Virtues that a good person possesses include thriftiness, temperance, humility, industriousness, and honesty.

Josephson Institute lists six pillars: trustworthiness, respect, responsibility, fairness, caring, and citizenship.

LO 2: Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law, religion, and ethics of care.

The Ethics of Virtue (2 of 2)

Basically assumes a good person will make a good decision.

Little help for people facing dilemmas.

LO 2: Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law, religion, and ethics of care.

Natural Law

A universal set of rights and wrongs that is similar to many religious beliefs, but there is no reference to a specific supernatural figure.

Morality is part of the natural order of the universe and is the same across cultures and times.

The pursuit of knowledge recognized as a natural inclination of humans

“Natural rights” are the rights that everyone has purely by virtue of being alive

LO 2: Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law, religion, and ethics of care.

Religion

Religious ethics includes Judeo-Christian ethics, Buddhism, Confucianism, and Islam among others. They are based on religious beliefs of good and evil; what is good is that which is God’s will.

Humans can “know” God’s will in three ways:

Individual conscience

Religious authorities

Holy scriptures

LO 2: Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law, religion, and ethics of care.

Ethical Formalism (1 of 3)

Ethical formalism: ethical system espoused by Kant; focuses on duty.

Deontological ethical system: study of duty or moral obligation emphasizing the intent of the actor as the element of morality.

LO 1: Define deontological and teleological ethical systems, and explain ethical formalism and utilitarianism.

Ethical Formalism (2 of 3)

Principles of Kant’s theory:

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.

LO 1: Define deontological and teleological ethical systems, and explain ethical formalism and utilitarianism.

Ethical Formalism (3 of 3)

Criticisms of ethical formalism

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.

LO 1: Define deontological and teleological ethical systems, and explain ethical formalism and utilitarianism.

Utilitarianism (1 of 2)

Utilitarianism is a teleological ethical system: what is good is determined by the consequences of the action.

Jeremy Bentham (1748–1832)—a major proponent of utilitarianism

Criticisms of Utilitarianism:

All pleasures or benefits are not of equal value.

Utilitarianism presumes that one can predict the consequences of actions.

There is little concern for individual rights in utilitarianism.

LO 1: Define deontological and teleological ethical systems, and explain ethical formalism and utilitarianism.

Utilitarianism (2 of 2)

Act utilitarianism: the basic utility derived from an action is alone examined.

Rule utilitarianism: one judges an action in reference to the precedent it sets and the long-term utility of the rule set by that action.

LO 1: Define deontological and teleological ethical systems, and explain ethical formalism and utilitarianism.

The Ethics of Care (1 of 2)

Based on human relationships and needs

Described as a feminine morality

Leads not to different solutions necessarily, but perhaps different questions

Jean-Jacques Rousseau (1712–1778)

Eastern religions, such as Taoism, are consistent with the ethics of care.

The “restorative justice” movement is consistent with the ethics of care.

LO 2: Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law, religion, and ethics of care.

The Ethics of Care (2 of 2)

Peacemaking process

Connectedness

Caring

Mindfulness

LO 2: Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law, religion, and ethics of care.

Egoism: Ethical System or Not?

Egoism postulates that what is good for one’s survival and personal happiness is moral.

Psychological egoism: humans are naturally egoists.

Enlightened egoism: each person’s objective is long-term welfare.

Rejected by most philosophers because it violates the basic tenets of an ethical system.

LO 3: Discuss the argument as to whether egoism is an ethical system.

Other Methods of Ethical Decision Making (1 of 2)

Imperative principle directs a decision maker to act according to a specific, unbending rule.

Utilitarian principle determines the ethics of conduct by the good or bad consequences of the action.

Generalization principle is based on: “What would happen if all similar persons acted this way under similar circumstances?”

LO 4: Explain the controversy between relativism and absolutism (or universalism).

Other Methods of Ethical Decision Making (2 of 2)

Does the action violate another person’s constitutional rights, including the right of due process?

Does the action involve treating another person only as a means to an end?

Is the action illegal?

Do you predict that your action will produce more bad than good for all persons affected?

Does the action violate department procedure or professional duty?

LO 4: Explain the controversy between relativism and absolutism (or universalism).

Using Ethical Systems to Resolve Dilemmas

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.

LO 5: Identify what is good according to each of the ethical systems discussed in the chapter.

Relativism, Absolutism, and Universalism (1 of 2)

Ethical Relativism

Moral systems are products of an individual or group.

If people believe different things are good and bad, how can you define what is good?

Cultural Relativism

“Good” depends on the norms of each society. What is acceptable in one society might not be in another.

Who is to say which society is right?

However, FATAL FLAW in relativism is: Why should anyone obey their cultural norms since they may be right in another place or another time?

LO 4: Explain the controversy between relativism and absolutism (or universalism).

Relativism, Absolutism, and Universalism (2 of 2)

Absolutism: Idea that what is wrong is always wrong and what is right is always right; e.g., you should never lie.

Universalism: If you want to do something, you should be able to agree that everyone can do it.

Even under Absolutist Ethics, there is Principle of Forfeiture: People who violate the rights of others forfeit their own rights.

LO 4: Explain the controversy between relativism and absolutism (or universalism).

Situational Ethics

Although there are a few universal truths, different situations call for different responses.

Hinman terms this “moral pluralism.”

Different from relativism because it acknowledges the existence of absolute norms

LO 5: Identify what is good according to each of the ethical systems discussed in the chapter.

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