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Ethical Dilemmas and Decisions in

Criminal Justice Tenth Edition

Chapter 2 Determining

Moral Behavior

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.

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”

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.

The Ethics of Virtue (2 of 2)

• Basically assumes a good person will make a good

decision.

• Little help for people facing dilemmas.

Natural Law (1 of 2)

• 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

Natural Law (2 of 2)

• How can we determine what is natural law versus man-

made law?

• What are the “natural” laws of morality?

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:

1. Individual conscience

2. Religious authorities

3. Holy scriptures

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.

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.

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.

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.

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.

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.

The Ethics of Care (2 of 2)

• Peacemaking process

1. Connectedness

2. Caring

3. Mindfulness

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.

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?”

Other Methods of Ethical Decision Making

(2 of 2)

1. 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?

Using Ethical Systems to Resolve

Dilemmas

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.

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?

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.

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

Discussion Questions

1. If you believe that stealing is wrong, why do you believe this to be so? Your answer is an indication of your ethical system.

2. Under which ethical system would assassinating tyrants such as Adolf Hitler and Osama Bin Laden be considered moral and why? What do other ethical systems say about such an act?

3. If someone performs some activity that looks on the surface to be altruistic but does it with an ulterior motive—is that act still considered moral? Provide examples of true goodwill and examples of acts that only appear to be goodwill.