1 Indiana Wesleyan University Ethics Presentation Thomas N. Davidson, J.D

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Indiana Wesleyan UniversityIndiana Wesleyan University

Ethics PresentationEthics Presentation

Thomas N. Davidson, J.D.Thomas N. Davidson, J.D.

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Ethical ModelsEthical Models

Deontological ethicsDeontological ethics or or deontologydeontology ( (GreekGreek: : DeonDeon meaning meaning obligationobligation or or dutyduty) ) is a theory holding that is a theory holding that decisionsdecisions should should be made solely or primarily by considering be made solely or primarily by considering one's one's dutiesduties and the and the rightsrights of others. If the of others. If the act is good, then ethical even if bad act is good, then ethical even if bad outcome and vice versa.outcome and vice versa.

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ConsequentialismConsequentialism ( (Teleological ModelTeleological Model) ) refers to those moral theories that hold refers to those moral theories that hold that the consequences of a particular that the consequences of a particular action form the basis for any valid moral action form the basis for any valid moral judgment about that action. Thus, on a judgment about that action. Thus, on a consequentialist account, a morally right consequentialist account, a morally right action is an action which produces good action is an action which produces good consequences. The act may look bad, but consequences. The act may look bad, but if good result, then ethical.if good result, then ethical.

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UtilitarianismUtilitarianism is the ethical doctrine that the is the ethical doctrine that the moral worth of an action is solely moral worth of an action is solely determined by its contribution to overall determined by its contribution to overall utility. utility.

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The Kantian-Utilitarian Principle emphasis The Kantian-Utilitarian Principle emphasis doing the most good at the expense of the doing the most good at the expense of the least amount of people. It recognizes that least amount of people. It recognizes that there may be a means to an end. But it is there may be a means to an end. But it is only ethical if as few people as possible only ethical if as few people as possible are treated as means to the end that are treated as means to the end that brings good the greater number.brings good the greater number.

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EgoismEgoism is belief that one is belief that one oughtought to do what to do what is in one's own self-interest, although a is in one's own self-interest, although a distinction should be made between what distinction should be made between what is really in one's self-interest and what is is really in one's self-interest and what is only apparently so. What is in one's only apparently so. What is in one's self-interestself-interest may may incidentallyincidentally be be detrimental to others, beneficial to others, detrimental to others, beneficial to others, or neutral in its effect. or neutral in its effect.

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AltruismAltruism is an is an ethical doctrineethical doctrine that holds that holds that individuals have an ethical obligation that individuals have an ethical obligation to help, serve, or benefit others, if to help, serve, or benefit others, if necessary at the sacrifice of self interest. necessary at the sacrifice of self interest.

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The The ethic of reciprocityethic of reciprocity or or "The Golden "The Golden Rule"Rule" is a fundamental is a fundamental moralmoral principle principle found in virtually all major found in virtually all major religionsreligions and and culturescultures, which simply means ", which simply means "treat others treat others as you would like to be treated.as you would like to be treated." It is " It is arguably the most essential basis for the arguably the most essential basis for the modern concept of modern concept of human rightshuman rights. Principal . Principal philosophers and religious figures have philosophers and religious figures have stated it in different waysstated it in different ways..

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The Golden RuleThe Golden Rule

"Thou shalt not avenge, nor bear any grudge against the children of "Thou shalt not avenge, nor bear any grudge against the children of thy people, but thou shalt love thy neighbor as thyself: I am the thy people, but thou shalt love thy neighbor as thyself: I am the LORD." — LORD." — MosesMoses (ca. 1525-1405 BCE) in the (ca. 1525-1405 BCE) in the TorahTorah Leviticus 19:18Leviticus 19:18 "This is the sum of duty; do naught onto others what you would not "This is the sum of duty; do naught onto others what you would not have them do unto you." from the have them do unto you." from the MahabharataMahabharata (5:15:17) (ca. (5:15:17) (ca. 500BCE) 500BCE) "What you do not wish upon yourself, extend not to others." — "What you do not wish upon yourself, extend not to others." — ConfuciusConfucius (ca. 551–479 BCE) (ca. 551–479 BCE) "What is hateful to you, do not to your fellow man." — "What is hateful to you, do not to your fellow man." — HillelHillel (ca. 50 (ca. 50 BCE-10 CE) BCE-10 CE) "Do unto others as you would have them do unto you." — "Do unto others as you would have them do unto you." — JesusJesus (ca. (ca. 5 BCE—33 CE) in the 5 BCE—33 CE) in the GospelsGospels, Matthew 7:12, Luke 6:31, Luke , Matthew 7:12, Luke 6:31, Luke 10:25 10:25 "Hurt no one so that no one may hurt you." — Muhammad (c. 571 – "Hurt no one so that no one may hurt you." — Muhammad (c. 571 – 632 CE) in The Farewell Sermon. 632 CE) in The Farewell Sermon.

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Religion: conform to God’s will.Religion: conform to God’s will.

Codified Ethics: formal written rules.Codified Ethics: formal written rules.

Natural Law: what is good is that which is Natural Law: what is good is that which is natural.natural.

Ethics of Care: meet the needs of those Ethics of Care: meet the needs of those concerned.concerned.

Ethics of Virtue: conform to the Golden Ethics of Virtue: conform to the Golden Mean.Mean.

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Golden MeanGolden Mean

AreaArea Defect Defect MeanMean ExcessExcess

FearFear CowardCoward CourageCourage RecklessReckless

PleasurePleasure Insensitive ControlInsensitive Control IndulgenceIndulgence

MoneyMoney StingyStingy GenerousGenerous Extravagant Extravagant

AngerAnger ApathyApathy GentleGentle Hot-headHot-head

TruthTruth self-dep.self-dep. TruthfulTruthful BoastfulBoastful

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Business EthicsBusiness Ethics

Business ethicsBusiness ethics is a form of the art of is a form of the art of applied ethics that examines ethical rules applied ethics that examines ethical rules and principles within a commercial and principles within a commercial context, the various moral or ethical context, the various moral or ethical problems that can arise in a business problems that can arise in a business setting, and any special duties or setting, and any special duties or obligations that apply to persons who are obligations that apply to persons who are engaged in commerce.engaged in commerce.

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Business Ethics: Competing ViewsBusiness Ethics: Competing Views

Obey the law is enough.Obey the law is enough.

Social Responsibility (Obligation beyond Social Responsibility (Obligation beyond just following laws to pursue long-term just following laws to pursue long-term goals that are good for society).goals that are good for society).

Exclusive Benefit Rule.Exclusive Benefit Rule.

Free Market will ensure public benefit.Free Market will ensure public benefit.

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Business Ethics: PracticesBusiness Ethics: Practices

Price Fixing (secretly conspiring to keep prices high).Price Fixing (secretly conspiring to keep prices high).Manipulation of Supply (conspiring to drive up prices).Manipulation of Supply (conspiring to drive up prices).Exclusive Dealing Agreements (retailer agrees not to Exclusive Dealing Agreements (retailer agrees not to purchase from others or sell outside of a certain area).purchase from others or sell outside of a certain area).Tying Agreements (supplies on condition that buyer Tying Agreements (supplies on condition that buyer agrees to purchase other goods).agrees to purchase other goods).Retail Price Maintenance (supplies only to retailers who Retail Price Maintenance (supplies only to retailers who agree to sell at same price).agree to sell at same price).Price Discrimination (charging different prices to different Price Discrimination (charging different prices to different buyers to drive out competition).buyers to drive out competition).Refusal to deal.Refusal to deal.

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Business Ethics: ViewsBusiness Ethics: Views

Do nothing.Do nothing.

Antitrust.Antitrust.

Regulation.Regulation.

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Business Ethics: RemediesBusiness Ethics: Remedies

Free Markets.Free Markets.Contracts.Contracts.Duty to comply with claims and assertions.Duty to comply with claims and assertions.Duty to disclose defects.Duty to disclose defects.Duty to not misrepresent.Duty to not misrepresent.Duty to not coerce.Duty to not coerce.Due Care.Due Care.Strict Liability.Strict Liability.Implied warranty of merchantability.Implied warranty of merchantability.

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Consumer RightsConsumer Rights

TO:TO:

Be informed.Be informed.

Choose.Choose.

Safety.Safety.

Be heard.Be heard.

John Kennedy, 1962John Kennedy, 1962

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ApologiaApologia

Act or omission.Act or omission.

Cognitive Dissonance.Cognitive Dissonance.

Rationalization that transforms the act or Rationalization that transforms the act or omission to being ethical.omission to being ethical.

Cognitive dissonanceCognitive dissonance is a psychological term is a psychological term which describes the uncomfortable tension that which describes the uncomfortable tension that comes from holding two conflicting thoughts at comes from holding two conflicting thoughts at the same timethe same time..

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ApologiaApologia

I didn’t get anything for it.I didn’t get anything for it.

It wasn’t illegal.It wasn’t illegal.

He made me do it.He made me do it.

He had it coming.He had it coming.

Everyone else is doing it.Everyone else is doing it.

If I didn’t some one else would have.If I didn’t some one else would have.

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Ethical Judgment AnalysisEthical Judgment AnalysisFree will

MotiveEffects to

others

Act or Omission

Model

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Tort Ethical AnalysisTort Ethical Analysis

Likelihood of Harm + Gravity of Harm

< >

Cost to reduce or eliminate the risk

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Gravity of Harm or GoodGravity of Harm or Good

Intensity – strength of pain or pleasure.Intensity – strength of pain or pleasure.Duration – how long it lasts.Duration – how long it lasts.Certainty – how sure we are of outcome.Certainty – how sure we are of outcome.Propinquity – how soon the pain or pleasure Propinquity – how soon the pain or pleasure starts.starts.Fecundity – probability the pain or pleasure will Fecundity – probability the pain or pleasure will be followed by more pain or pleasure.be followed by more pain or pleasure.Purity – probability the pain or pleasure will be Purity – probability the pain or pleasure will be followed by more of the same.followed by more of the same.Extent – the number of people effected.Extent – the number of people effected.

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Ethical Problem SolvingEthical Problem Solving

Consider:Consider:

Benefit and harms caused by each alternative;Benefit and harms caused by each alternative;

Which alternative;Which alternative;

1.1. Best respects moral rights.Best respects moral rights.

2.2. Best promotes common good.Best promotes common good.

3.3. Does not discriminate or shows favoritism.Does not discriminate or shows favoritism.

4.4. Best promotes virtues.Best promotes virtues.

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Things to considerThings to consider

Relativism: What is good or immoral Relativism: What is good or immoral changes over time.changes over time.

Absolutism: What is wrong is always Absolutism: What is wrong is always wrong.wrong.

Situational Ethics. I choose which model Situational Ethics. I choose which model of ethics to follow depending on the of ethics to follow depending on the circumstances.circumstances.

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Judeo Christian Model of EthicsJudeo Christian Model of Ethics

HolinessHoliness

JusticeJustice

LoveLove

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HolinessHoliness

Devotion to God and ethical purity.Devotion to God and ethical purity.

Zeal for God.Zeal for God.

Purity reflects God’s moral perfectionPurity reflects God’s moral perfection

Accountability: reward for good and Accountability: reward for good and punishment for bad.punishment for bad.

Humility: we realize how short from God Humility: we realize how short from God we fall.we fall.

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JusticeJustice

Rights and Duties.Rights and Duties.

Due Process.Due Process.

1.1. Procedural.Procedural.

2.2. Substantive.Substantive.

Merit: cause and effect.Merit: cause and effect.

Contractual; work harder get more than others.Contractual; work harder get more than others.

Equal protection.Equal protection.

Avoid Harshness.Avoid Harshness.

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LoveLove

Relationships.Relationships.

Empathy.Empathy.

Mercy.Mercy.

Sacrifice of rights.Sacrifice of rights.

Balance with your rights and needs.Balance with your rights and needs.

Documents

1 Indiana Wesleyan University Ethics Presentation Thomas N. Davidson, J.D