Ethics Discussion Thomas N. Davidson, J.D.

1. Ethics DiscussionThomas N. Davidson, J.D.

2. Ethics Defined Ethics can be defined as a branch of philosophy that is concerned with the study of what is morally right and wrong, good and bad. The term comes from the Greek root ethikos, which means character.

3. Why study ethics? • Professionals are recognized in part because professions include ethical standards. • Develops analytical skills. • Consequences for ethical errors. • Germane to management decisions.

4. Goals • Become aware of ethical issues. • Develop critical thinking skills. • Become more personally responsible. • Understand how business is involved in coercion and persuasion. • Develop “wholesight” which means to explore issues with one’s heart as well as one’s mind.

5. Normative EthicsNormative ethics is the branch of philosophical ethics that investigates the set of questions that arise when we think about “how ought one acts morally speaking.” These theories determine which moral standards to follow & which actions are morally right or wrong.

6. Ethical Models Deontological ethics or deontology (Greek: Deon meaning obligation or duty) is a theory holding that decisions should be made solely or primarily by considering one's duties and the rights of others. If the act is good, then ethical even if bad outcome and vice versa.

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

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

9. Ethical Models Egoism is belief that one ought to do what is in one's own self-interest, although a distinction should be made between what is really in one's self-interest and what is only apparently so. What is in one's self-interest may incidentally be detrimental to others, beneficial to others, or neutral in its effect.

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

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

12. The Golden Rule • "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 LORD." — Moses (ca. 1525-1405 BCE) in the TorahLeviticus 19:18 • "This is the sum of duty; do naught onto others what you would not have them do unto you." from the Mahabharata (5:15:17) (ca. 500BCE) • "What you do not wish upon yourself, extend not to others." — Confucius (ca. 551–479 BCE) • "What is hateful to you, do not to your fellow man." — Hillel (ca. 50 BCE-10 CE) • "Do unto others as you would have them do unto you." — Jesus (ca. 5 BCE—33 CE) in the Gospels, Matthew 7:12, Luke 6:31, Luke 10:25 • "Hurt no one so that no one may hurt you." — Muhammad (c. 571 – 632 CE) in The Farewell Sermon.

13. Ethical Models • Religion: conform to God’s will. • Codified Ethics: formal written rules. • Natural Law: what is good is that which is natural. Hierarchy: Profession virtues, American virtues, and Human virtures. • Metaphysics: Creator, human soul, supernatural. • Ethics of Care: meet the needs of those concerned. • Ethics of Virtue: conform to the Golden Mean.

14. Golden Mean Area Defect Mean Excess Fear Coward Courage Reckless Pleasure Insensitive Control Indulgence Money Stingy Generous Extravagant Anger Apathy Gentle Hot-head Truth self-dep. Truthful Boastful

15. Apologia • Act or omission. • Cognitive Dissonance. • Rationalization that transforms the act or omission to being ethical. Cognitive dissonance is a psychological term which describes the uncomfortable tension that comes from holding two conflicting thoughts at the same time.

16. Apologia • I didn’t get anything for it. • It wasn’t illegal. • He made me do it. • He had it coming. • Everyone else is doing it. • If I didn’t some one else would have.

17. Ethical Judgment Analysis Free will Effects to others Motive Model Act or Omission

18. Tort Ethical Analysis Likelihood of Harm + Gravity of Harm < > Cost to reduce or eliminate the risk

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

20. Ethical Problem Solving Consider: • Benefit and harms caused by each alternative; • Which alternative; • Best respects moral rights. • Best promotes common good. • Does not discriminate or shows favoritism. • Best promotes virtues.

21. Things to consider • Relativism: What is good or immoral changes over time. • Absolutism: What is wrong is always wrong. • Situational Ethics. I choose which model of ethics to follow depending on the circumstances.

22. Key Terms • Reasoning: a method of thinking by which proper conclusions are reached through abstract thought processes. • The Divided Line: Plato’s theory of knowledge. 4 levels of knowledge. 1) lowest level is conjecture & imagination; 2) belief based on faith; 3) scientific knowledge; & 4) the highest level is reasoning.

23. Key Terms • Theory of Realism: Aristotle’s explanation of reality. 3 concepts: Rationality, ability to use abstract reasoning; potentiality & actuality, the capacity to become & a state of being; and the golden mean, the middle point between extreme qualities. • Ethics: Philosophy that examines principles of right and wrong.

24. Key Terms • Morality: practice of applying ethical principles. • Intrinsic goods: objects, actions, or qualities that are valuable in themselves. • Non-intrinsic goods: good only for developing or serving an intrinsic good. • Summum bonum: principle of the highest good that cannot be subordinated to another.

25. Key Terms • E=PJ2: guiding formula for making moral judgment. E is the ethical decision; P is the principle; & J is the justification of the situation. • Determinism: theory that all thoughts & actions result from external forces beyond human control. • Intentionalism: free will.

26. Key Terms • Mitigating (M) is to act in such a way as to cause an offense to seem less serious or the action of lessening in severity or intensity. • Accentuating (A) is the act of giving special importance or significance to something.

27. Exploring Virtue: Socrates (469-399 B.C.) • Life unexamined is not worth living. • A belief unexamined is not worth following. • A practice unexamined is not worth adhering to. • Dialectic method: exchange questions & answers to establish or deny the truth of a matter. • Socratic method: the same as dialectic method above renamed after Socrates.

28. Socratic Reasoning • What is it? • What is good for? • How do we know? Establish the purpose of the phenomenon and determine its goodness by fulfilling its purpose.

29. Guiding Formula for Moral Judgment • Select moral principle that best defines the problem: honesty, fairness, equity, loyalty, et cetera. • Justify the situation by examining whether it conforms to the selected principle. If not, accentuating or mitigating factors that make it more or less fitting? • If situation fits exactly, then the judgment should be made exactly in accordance with the principle. • If it does not fit, judgment is made by determining a high or low likelihood that the situation fits the principle by examining the accentuating & mitigating factors.

30. E=PJ2 • E is the ethical decision to be made. • P is the principle. • J is the justification of the situation. • Square on the value of J is proposed to allow for justification to be ratcheted up or down depending on the power of accentuating or mitigating factors.

31. E=PJ2 put to the test. • E = Death penalty. • P = Sanctity of Life. • J = Protect Society • Deterrence (A) • Retribution (A) • Extinguishes risk of escape and other transaction costs of incarceration. (A) • Killing is intrinsically evil even when done by the government. (M)

32. Capital Punishment • 16,272 murders reported to police in USA in 2008. • 37 executions carried out in 2008. • 111 convicted murders sentenced to death in 2008. • 3,215 inmates on death row in 2008. • 1977 to 2007 only 19 of 94 inmates given a death sentence in Indiana were executed (20%). California 13 of 802 (1.6%)

33. E=PJ2 put to the test. • E = Death penalty. • P = Sanctity of Life. • J = Protect Society • Deterrence (A) Really, is it? • Retribution (A) • Extinguishes risk of escape and other transaction costs of incarceration. (A) • Killing is intrinsically evil even when done by the government. (M)

34. Rules of Moral Judgment • Intrinsic evils are the lowest levels of morality and should be avoided. • Intrinsic goodness is the highest level of goodness and should be sought. • Summum bonum is the highest moral choice and should be sought. • If intrinsic goodness cannot be achieved, the highest level of non-intrinsic goodness should be sought. • Whenever intrinsic evil can be avoided, the highest level of non-intrinsic evil should be sought. • When in doubt, apply E=PJ2.

35. Christian Ethical Model Justice Love Holiness Three legged stool

36. Holiness • Zeal for God – riches, material goods, & career goals are of lesser importance. • Purity – honesty & morality. • Accountability. • Humility. • Avoid abuses of Holiness: legalism (rule keeping), judgmentalism (finger pointing), & withdrawal (flight from responsibility).

37. Justice • Procedural Rights – notice & hearing for those accused of wrong doing. • Fairness – adequate notice, hearing, and evidence. • Equal Protection – people in similar circumstances are treated similarly. • Substantive Rights – those rights that are spelled out and that which procedural rights seek to protect. • Merit – cause and effect. • Contracts – fulfill promises. • Compensation for those offended. • Beware of abuses of Justice: Harshness & Condemnation.

38. Love • Emphasis on relationships. • Empathy – not the same as sympathy. • Mercy – empathy with legs. • Sacrifice of rights – negotiation, consideration, and compromise. • Avoid abuses of Love – doormat & ambiguity.

39. Christian Model: Balance Holiness, Justice, & Love.

40. More Key Terms • Principled-Based Management: philosophy of management that is based on ethical principles, enlightened reasoning, moral responsibility, & good faith. • Integrated Thinking: Based on reasoning and deductive logic independent of bias or interest. • Moral Agility: ability to distinguish between shades of moral choices.

41. Lying: Public Policy • Acceptable when innocent lives are at stake; or • When a lie can help achieve a higher moral value, such as national secrets, helping a patient recover, or sustaining vital family relations.

42. Justification for Deception • Serves a legitimate purpose. • Nexus between lie and purpose. • Deception serves the public interest. • Does not violate law.

43. More Key Terms • Justifiable Inequality: unequal treatment necessary to serve legitimate social or governmental interests. • Unjustifiable Inequality: unequal treatment that does not serve a legitimate social or government interest. • Discrimination: injurious treatment of people on grounds irrelevant to situation. • Stereotyping: automatically treating someone as an exact duplicate and assigning characteristics of a group to which he belongs.

44. Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 prohibits the unequal treatment of persons based on race, color, national origin, religion, gender, age, or disability. • Disparate treatment. Prove that you: • A member of a protected class; and • Qualified; and • Rejected, demoted, or terminated; and • Position filled by a person not in a protected class.

45. Title VII of the Civil Rights Act of 1964 Disparate Impact: Practices or procedures that are not intentionally discriminatory but have the effect of discrimination. Four-Fifths Rule: Minorities are hired or promoted at a rate less than fourth-fifths of the rate for the group with the highest rate of hiring or promoting.

46. Employees prima facie case • Belongs to a protected group • Was qualified for the job • Was rejected • Position remained open and search continued Employer claims action was taken for legitimate nondiscriminatory reasons. Employee counters that the reasons are simply a pretext for discrimination.

47. IAC Law Enforcement Oath of Honor On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution, my community, and the agency I serve.

48. Meaning of the Oath • Honor: one’s word is given as a guarantee. • Betray: breaking faith. • Badge: symbol of office. • Integrity: adherence to a set of values. • Character: individual qualities. . .

49. Meaning of the Oath • Courage: having the strength to withstand unethical pressure, fear, or danger. • Accountability: answerable and responsible. • Community: Your jurisdiction.

50. More Key Terms • Malfeasance: direct misconduct. • Misfeasance: improper performance. • Nonfeasance: failure to act or live up to responsibilities. • Grass Eaters: takes what comes along. • Meat Eaters: aggressively exploiting for gain. • Code of Silence: conflicting loyalties causing officers not to report misconduct by other officers.