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Week 1 additional Notes – Determining Moral Behavior CONTENTS Ethical Systems Egoism: Ethical System or Not? Other Methods of Ethical Decision Making Relativism, Absolutism, and Universalism Toward a Resolution: Situational Ethics Conclusion LEARNING OBJECTIVES 1. Define deontological and teleological ethical systems and explain ethical formalism and utilitarianism. 2. Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law,

religion, and ethics of care. 3. Discuss the argument as to whether egoism is an ethical system. 4. Explain the controversy between relativism and absolutism (or universalism). 5. Identify what is good according to each of the ethical systems discussed in the chapter. SUMMARY In this summary, the most well-known ethical systems are presented. These systems give students the tools to analyze ethical dilemmas. You may want to discuss the Ramparts scandal from the perspective of Detective Russell Poole. Have students walk through his dilemma from the perspective of every ethical system to see if different results may occur under the various ethical systems. It is important to stress that while our discussion of these systems emphasizes the differences between them, most day-to-day ethical dilemmas present questions that would result in the same answers from most systems. Also, be consistent in the analysis of dilemmas so that the class discussion always starts with the questions posed below:

1. Identify the facts. 2. Identify relevant values and concepts. 3. Identify all possible moral dilemmas for each party involved. 4. Decide what is the most immediate moral or ethical issue facing the individual. 5. Resolve the ethical or moral dilemma by using an ethical system or some other means of decision

making. OUTLINE I. Ethical Systems LO 1: Define deontological and teleological ethical systems, and explain ethical formalism and utilitarianism. LO 2: Describe how other ethical systems define what is moral—specifically, ethics of virtue, natural law, religion, and ethics of care.  Ethical systems provide the answer to the question of why something is wrong or right.  Ethical systems might be called moral theories or moral philosophies.  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.”  (Ethical pyramid).

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A. The Ethics of Virtue  The ethics of virtue asks the question, “What is a good person?”  The roots of this system are in the work of Aristotle, who believed that to be good, one must do good

and possess the virtues of thriftiness, temperance, humility, industriousness, and honesty.  Aristotle believed that eudaimonia was the goal of life. More than just having pleasure, one should live

a good life, reach achievements, and attain moral excellence.  He defined virtues as “excellences.”

• Intellectual virtues (wisdom, understanding) as distinct from moral virtues (generosity, self- control)

 Aristotle believed that we are, by nature, neither good nor evil but become so through training and the acquisition of habits.

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

 Moral virtue comes from habit, which is why this system emphasizes character.  The Josephson Institute of Ethics lists Six Pillars of Character: trustworthiness, respect, responsibility,

fairness, caring, and citizenship.  One difficulty is in judging the primacy of moral virtues.  Do you think most people do the right thing out of habit or reason?  Do you think that people who have the virtues discussed above never perceive moral dilemmas because

they always do the right thing?

B. Natural Law  In the natural law ethical system, there is 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.  This system presupposes that the essence of morality is what conforms to the natural world. For

instance, the preservation of one’s own being is a basic, natural inclination and thus is a basic principle of morality.

 Other inclinations are peculiar to one’s species. For instance, humans are social animals; thus, sociability is a natural inclination that leads to altruism and generosity.

 The pursuit of knowledge or understanding of the universe might also be recognized as a natural inclination of humans; thus, actions that conform to this natural inclination are moral.

 Natural law has been employed to restrict the rights and liberties of groups of people because the parameters that define what is natural are interpreted differently by different people.

C. Religion  Religious ethics are based on religious beliefs of good and evil; what is good is that which is God’s will.

• Includes Judeo-Christian ethics, Buddhism, Confucianism, and Islam among others  Many religions have their own version of the Golden Rule.  The legalist position is that God is inviolable and that positions on moral questions are absolute.  The situationalist position is that God’s will varies by time and place.  Human beings can “know” God’s will in three ways:

1. Individual conscience. An individual’s conscience is the best source for discovering what God wants one to do. If one feels uncomfortable about a certain action, it is probably wrong.

2. Religious authorities. They can interpret right and wrong for us and are our best source if we are confused about certain actions.

3. Holy scriptures. The third way is to go directly to the Bible, Quran, or Torah as the source of God’s law.

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D. Ethical Formalism  Ethical formalism is a deontological ethical system because the important determinant for judging

whether an act is moral is not its consequence but only the motive or intent of the actor.  According to Immanuel Kant (1724–1804), the only thing that is intrinsically good is a good will.  Kant believed moral worth comes from doing one’s duty.  Review the difference between categorical imperative and hypothetical imperative:

• Hypothetical imperatives are commands that designate certain actions to attain certain ends. • Categorical imperatives command action that is necessary without any reference to intended

purposes or consequences.  The following comprise the principles of Kant’s ethical formalism:

• 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.  A system such as ethical formalism is considered an absolutist system: if something is wrong, it is wrong

all the time.  However, to not tell the truth when the attacker doesn’t deserve the truth is not a lie, but if one

intentionally and deliberately sets out to deceive, then that is a lie—even if it is being told to a person who doesn’t deserve the truth.

 Are there any situations in which lying is acceptable?  There are several criticisms of ethical formalism.

• It 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.

E. Utilitarianism  Utilitarianism is the ethical system that claims the greatest good is that which results in the greatest

happiness for the greatest number.  Utilitarianism is a teleological ethical system, meaning, what is good is determined by the

consequences of the action.  Jeremy Bentham (1748–1832), a major proponent of utilitarianism, believed that the morality of an

action should be determined by how much it contributes to the good of the majority.  The following are some criticisms of utilitarianism:

• All “pleasures” or benefits are not equal value. • Utilitarianism presumes that one can predict the consequences of one’s actions. • There is little concern for individual rights in utilitarianism.

 In act utilitarianism, only the basic utility derived from an action is examined.  In rule utilitarianism, one judges that action in reference to the precedent it sets and the long-term

utility of the rule set by that action.

 Rule utilitarianism may be closer to the principles of ethical formalism because it looks at general universal laws; the difference between the two is that the laws themselves are judged right or wrong depending on the motives behind them under ethical formalism, whereas utilitarianism looks to the long-term

F. The Ethics of Care  The ethics of care emphasizes human relationships and needs.  The ethics of care 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.  Jean-Jacques Rousseau argued that it is humans’ natural compassion that is the basis for human action

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and that morality is based in emotion rather than rationality.  Carol Gilligan’s work on moral development identified a feminine approach to ethical dilemmas that

focuses on relationships and needs instead of rights and universal laws.  Applying the ethics of care leads not to different solutions necessarily, but perhaps different questions.  Eastern religions, such as Taoism, are consistent with the ethics of care.  In criminal justice, the ethics of care is represented more by the rehabilitative model of corrections than

the just-deserts model.  The “restorative justice” movement is consistent with the ethics of care.  Braswell and Gold (2002) discuss a concept called peacemaking justice, which is composed of three

parts: connectedness, caring, and mindfulness.

II. Egoism: Ethical System or Not? LO 3: Discuss the argument as to whether egoism is an ethical system.  Egoism postulates that what is good for one’s survival and personal happiness is moral.  Psychological egoism refers to the idea that humans naturally are egoists and that it would be unnatural for

them to be any other way.  Enlightened egoism may mean that we should treat others as we would want them to treat us to ensure

cooperative relations. Even seemingly selfless and altruistic acts are consistent with egoism, since these acts benefit the individual by giving self-satisfaction.

 Capitalism is based on the premise that everyone pursuing his or her self-interest will create a healthy economy.

 Egoism is rejected by most philosophers because it violates the basic tenets of an ethical system.

III. Other Methods of Ethical Decision Making LO 4: Explain the controversy between relativism and absolutism (or universalism). LO 5: Identify what is good according to each of the ethical systems discussed in the chapter.  Krogstand and Robertson said the following:

• The imperative principle directs a decision maker to act according to a specific, unbending rule. • The utilitarian principle determines the ethics of conduct by the good or bad consequences of

the action. • The generalization principle is based on this question: “What would happen if all similar

persons acted this way under similar circumstances?”  Ruggiero proposed that ethical dilemmas can be evaluated using three criteria:

• Examine one’s obligations and duties (ethical formalism). • Examine moral ideals (ethics of virtue). • Evaluate if the act will result in good consequences (utilitarianism).

 Close and Meier apply these methods more specifically to criminal justice:

• 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? • The “front page” test asks us to evaluate our decision by whether or not we would be

comfortable if it was on the front page of the newspaper.

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A. 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. IV. Relativism, Absolutism, and Universalism  Ethical relativism describes the position that what is good or bad changes depending on the individual or

group, and that there are no moral absolutes.  Cultural relativism defines good as that which contributes to the health and survival of society.  It must be noted that even absolutist systems may accept some exceptions.  The principle of forfeiture associated with deontological ethical systems 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.

 Relativism allows for different rules and different judgments about what is good.  Universalists argue that if moral absolutes are removed, subjective moral discretion leads to egoistic (and

nationalistic) rationalizations.  Universalists argue that the reason that things like the Holocaust, slavery, the slaughter of Native American

Indians, and so on happen is because people promoting what they consider to be a good end do not apply absolute rules of morality and ethics and, instead, utilize relativism: it is okay for me to do this, at this time, because of what I consider to be a good reason.

A. Toward a Resolution: Situational Ethics  Situational ethics: although there are a few universal truths, different situations call for different

responses; therefore, some action can be right or wrong depending on situational forces.  Hinman defines the balance between absolutism and relativism as moral pluralism:

• There are basic principles of right and wrong. • These can be applied to ethical dilemmas and issues. • These principles may call for different results in different situations, depending on the needs,

concerns, relationships, resources, weaknesses, and strengths of the individual actors.  Situational ethics is different from relativism because absolute norms are recognized, whereas under

relativism there are no absolute definitions of right and wrong.  Examples of moral absolutes norms could start with

• Treat each person with the utmost respect and care. • Do one’s duty or duties in such a way that one does not violate the first principle.

V. Conclusion  As mentioned previously, ethical systems are not moral decisions as such; rather, they provide the

guidelines or principles to make moral decisions.  When there is no agreement concerning the accepted facts in a certain case, it is confusing to bring in

moral arguments before resolving the factual issues.  Few people follow such strong moral codes that they never lie or never cause other people harm.  One can condemn the act and not the person.  The Major Ethical Systems summarizes the key principles for these ethical systems.

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• Ethics of virtue: What is good is that which conforms to the principle of the Golden Mean. • Natural law: What is good is that which is natural. • Religion: What is good is that which conforms to God’s will. • Ethical formalism: What is good is that which conforms to the categorical imperative. • Utilitarianism: What is good is that which results in the greatest utility for the greatest number. • Ethics of care: What is good is that which meets the needs of those concerned. • Egoism: What is good is that which benefits me.

 While philosophical discussions typically emphasize the differences between ethical systems, in most

cases where individuals face an ethical dilemma, the ethical systems agree.  Ethical systems are more complex to apply than they are to explain. The concept of situational ethics is

offered to reconcile the question as to whether ethics are universal or not.