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Chapter 12 Instructor Notes – “Virtue Ethics and the Good Life
”
I. Introduction:
Community service is increasingly required of college students
with some arguing that this is real opportunity for the
development of moral character and sentiment. Others argue
that mandatory benevolence is shallow and/or may incline
students away from these sorts of actions in the future. The
position of virtue ethics argues that: “It is through habituation,
the repeated performance of good works, that we become
virtuous: (383). It “emphasizes right being over right action”
(384) but acknowledges that the focus on being virtuous
provides a grounding that leads to moral acts.
A moral virtue is “an admirable character trait or disposition to
habitually act in a manner that benefits oneself and others”
(384). The integration of these virtues into an “overarching
character of goodness or excellence” is an interest in
Christianity (compassion, courage, generosity, loyalty),
Hinduism (nonviolence, truth, purity and self-control) and
Confucian “Jen” (benevolence, love, affection, compassion). A
vice by contract is a character trait or disposition to act in ways
that harm ourselves or others.
Aristotle divided virtues into: intellectual (excellence in
reasoning that includes wisdom – the most important of virtues
-and prudence) and moral virtues which are acquired by habit.
Moral virtues are driven by reason and intention. Natural
virtues, according to Aristotle, (gentleness, compassion,
friendliness, and others) are traits that even animals can
demonstrate and that are desirable, but are not moral as they do
not involve the formation of intentions (385). Like Aristotle,
one of the prima facie duties of Ross is self-improvement –
development of a virtuous character.
Until we learn to be virtuous ourselves, we should follow the
example of moral leaders and consider how they would likely
respond in a situation. Some of the moral leaders who may
serve as role models and can be counted upon to act in a manner
that benefits others are Harriet Tubman, Buddha, Jesus,
Socrates, and MLK Jr. These people show a propensity as well
for supererogatory actions (386).
Virtue ethics focuses on psychological well-being of humans. It
is part of our ultimate purpose as individuals. Intentions stem
from an underlying concern for the well-being of others and
themselves, or what Aristotle calls “a certain frame of mind”
(387). A good-will has to be cultivated. We have discussed the
importance of good-will for Kant also (for a reminder see p.
388).
II. Aristotle: Reason and Virtue
“Western philosophy has long considered reason to be more
important than sentiment or emotions. ‘Moral’ sentiments such
as sympathy have often been dismissed as residual instincts
belonging to our lower or animal nature” (389). Aristotle is
largely responsible for this position with his distinction between
moral and natural virtues above discussed. Aristotle believed
that all life has a function that is peculiar to its particular life
form. For humans, our role was to exercise reason and this was
the only way to be truly virtuous (389).
Immorality results from a dis-ordered psyche, so our goal is to
apply reason to an understanding of the virtues and how to
obtain them through a corrective process that draws us ever
nearer to a good-life and well-formed character. A principle
way to accomplish this task (for Aristotle and Confucius and
Islam) is to act according to the “Doctrine of the Mean” (391).
“According to the doctrine of the mean, virtues generally entail
moderation or seeking the middle path between excess and
deficiency. This is not a wishy-washy, indecisive position, but
one that boldly asserts that the middle ground is nearly always
the correct one. The mean is to some extent based on the
individual person as well as his or her culture. As Confucius
would say “when traveling the Way, we must start from the
nearest point (392). In other words, we access our natural
tendencies, either to deficit or excess and slightly overshoot the
target of virtue toward the other extreme. By doing so, we are
likely to end up behaving closer to virtue. Aristotle put it this
way:
1) Keep away from that extreme which is opposed to the mean
2) Note the errors into which we personally are most liable to
fall
3) Always be particularly on your guard against pleasure and
pleasant things [other than those that come from being virtuous]
(393).
[Consult Table 12.1 on page 392]. We must also be aware
(following Hinduism) that we may become so self-absorbed in
an attempt to achieve perfection that we are no longer able to
relate well to others (393).
III. David Hume: Sentiment and Virtue
Contrary to most western philosophers, David Hume believed
that sympathy and caring are the most important virtues.
Sympathy forms the heart of our conscience. Hume also
disagreed with the rationalists regarding the role of reason in
willing actions. He was himself described as one of the most
pleasant and sweet-tempered men ever born (394). Hume’s
claim that “sympathy is the greatest virtue, and cruelty…the
greatest vice” (394) has some empirical support (appropriate for
this empiricist). One of the primary values of sympathy is that
it opens us up by breaking down the us-v-them mentality that
often leads to marginalization or elimination of consideration of
what should members of our moral community.
Key claims of Virtue Ethics:
· Right being, or the type of person we are, is more important
that right action
· A virtue is a character trait or disposition to habitually act in a
manner that benefits ourselves and others.
· A virtuous person, as a person of good will, is more likely to
do what is right
· Virtue contributes to our moral well-being as well as our
happiness
· In general, virtue entails hitting the mean between excess and
deficit.
IV. Nel Noddings: Feminist Care Ethic
Feminist Ethics involve the re-thinking of traditional ethics to
create a non-sexist, gender-equal ethics that takes into account
the importance of moral sentiment in women’s moral reasoning.
There are several approaches (maternal ethics, lesbian ethics,
care ethics, and ecofeminism) (396).
Most believe that gender differences are a combination of
nature and nurture and that the issues that arise within families
“private worlds” have too often been ignored by philosophy.
Care ethics also believe that it is care, not rational calculations
or an abstract sense of duty that create moral obligations (398).
Caring is seen as an active virtue. Active virtues require two
things: the sentiment of natural caring and love, which is our
response to the remembrance of caring. Care ethics does not
advocate for complete self-sacrifice. Nel Noddings includes
only humans in the moral community because only humans are
capable of being in reciprocal relationships. A criticism of this
position is that by requiring a reciprocal relationship, the ethic
is not broad enough to address many moral concerns (400). It
has also been accused of fostering injustice by reinforcing the
traditional role of women as care-givers. It is also worth noting
that care ethics and deontological positions often seem to
complement each other (400-401).
V. Is Virtue Relative to Culture, Social Status, and Gender?
Most people seem to agree on what is a virtue and what is a vice
(402) within a culture. Women and men within that culture will
often place different emphasis on which of the virtues are more
important.
Cultural: Although different cultures and groups of people may
emphasize different virtues (sociological relativism), this does
not mean that virtue is culturally relative in the sense that virtue
is a cultural creation. The similarities appear to outweigh the
disagreement (self-control, peacefulness, amity,
courteousness,…) A list from 4,000 years ago is very close to
one’s developed recently. Still, our culture does influence the
way in which virtues are expressed (403-404). “Certain basic
virtues, as Aristotle noted, seem to be necessary for our well-
being as humans and for the achievement of the good life, no
matter who are or where we live” (404).
Virtue development: virtue development occurs within
community, not in isolation. “The virtues of independence and
economic success that we emphasize in the United
States…might not be moral virtues at all, because, in general,
they do not benefit, but rather harm, the individual…our push of
self-reliance has become so extreme that it appears to have
become a vice” (407).
VI. Moral Integrity and the Unity of Virtue
This section of the text again stresses the importance of virtues
being integrated into fully formed moral character such that
people are habituated toward spontaneously wanted to perform
good deeds. It also highlights several traditions: Christianity,
Taoism, Confucian Ethics, Islamic Ethics, and several others
that place emphasis on the importance of virtue development as
“no good tree bears bad fruit.” The cultivation of virtue and
good will is a lifelong process.
VII. Virtue and Moral Education
Are people basically good or evil? Taoism, Confucianism,
Rousseau, Thoreau, Locke tend to come down on the side of
humans being fundamentally good by nature. Still, moral
education may be required to develop our natural inclinations.
The cultivation of virtue also requires willpower and practice.
According to Aristotle, it is easier to be virtuous if we are
trained early in life, but like any art or craft, if we fail to
practice, we lose the skills required and have to re-learn.
Continuous practice, like playing an instrument makes it much
easier to remember and to improve.
VIII. Critique of Virtue Ethics (414-415)
1. The primary criticism is that it is incomplete, by not placing
enough emphasis on actions.
2. Virtue alone does not offer sufficient guidance for making
moral decisions in the real world as the principles of utility and
Kant’s imperatives attempt to do. Virtue ethics does not suggest
that we ignore moral principles. They are saying the virtue is
more fundamental.
3. Virtue ethics, and particularly feminist care ethics, does not
pay enough attention to the considerations of justice and
impartiality. It may also reinforce gender stereotypes.
4. Virtue ethics goes beyond pure duty and rights-based ethics
by challenging us to rise above ordinary moral demands.
Christina Sommers argues that we are placing too much
responsibility for the well-being of others onto institutions,
what is required instead is for virtuous persons to step up on
take on these acts of kindness.
5. The development of a virtuous character is essential to the
concept of the good life and the good society. Emerson:
“Character is higher than intellect.” “While virtue ethics does
not stand on its own as an independent moral theory…virtue
ethics offers an important corrective to a morality based on
abstract moral principles and rights” (415).
Chapter 11 Instructor Notes – “Rights Ethics”
I. Introduction:
Suleman (Octo-mom). Rights ethics involves civil liberties and
entitlements to basic social goods as the foundation of morality
(342). “Human rights are not a new concept; however, the
articulation of human rights by philosophers is a relatively
recent development” (343). It arose largely in response to the
ideas of social Darwinism, failed cultural relativism, and the
growing confrontation with the idea of absolute sovereignty
(343).
The women’s rights movement and suffrage movements in
Seneca Falls had and an impact. Remember Thoreau’s position
that non-representative authorities lead to un-just laws (344).
Human rights were articulated by the United Nations around the
Nuremberg trials of Nazis with the “Universal Declaration of
Human Rights” (345). Buddhist ethicists have also been leading
advocates of human rights.
Moral rights should been distinguished from civil (legal) rights.
Manmade laws are not the source of rights. Some legal rights
are not moral rights (such as a right to drive). The American
Civil Liberties Union (ACLU) argues that the USA Patriot Act
unjustly infringes upon citizen’s right to privacy as well as
detainee rights to a fair trial (346).
Key Claims of Rights Ethics:
· Natural Rights stem from our human nature, which is a special
creation of God
· All and only humans have rights (are included in the moral
community)
· Rights are self-evident and inalienable
· We do not have to qualify for or “earn” these rights (they are
not dependent upon our membership in a civil society or
political state)
· Rights exist independently of and prior to duties.
II. John Locke (and others): Natural Rights Ethics
The concept of Natural Rights for John Locke and Thomas
Hobbes is built upon the condition would find itself in outside
of society. For Hobbes, that state would be one of egoism and
result in the life of man being “solitary, poor, nasty, brutish and
short.” For him, once we have entered into society, we have no
claim of rights against a sovereign (the government) except
when our self-preservation is at stake. Locke is a little more
optimistic about the natural “state of humanity” and keeps the
right to “life” while adding “liberty” and “the right to own
property” as fundamental human rights (349). He was
particularly concerned with property and essentially said that if
take more than we can use and develop others have the right to
take it from us.
Ayn Rand (remember her from the chapter on Ethical Egoism)
held that only the doctrine of natural rights created the
possibility of free societies. How we use our land and our
choice of career (productive work) is intimately connected to
our freedom to pursue the good life (and consequently, to
become the best we can be for ourselves and society).
The doctrine of natural rights has come under scrutiny. There is
disagreement on what the rights are and there is no way of
resolving the disagreement since they are “self-evident.”
Annette Baier argues that the liberalism supported by natural
ethics does not take into account the limitations placed upon
marginalized groups by traditional societal roles. This
limitation is one of the primary weaknesses (much like
objections related to Ethical Egoism) that plagues natural rights
ethics (352-353).
III. Marxist (and other) critique of Natural Rights Ethics
Karl Marx (1818 – 1883) believed the role of the philosopher
was not simply to interpret the world (anthropology and
sociology), but to change it. Marx rejected natural rights as a
bourgeoisie invention. He argued that it helps preserve the
wealth of those in power, rather than the majority who “cannot
afford to exercise their ‘natural’ right to own property” (354).
In 2011, Florida had one of the highest rates of unemployment
and one foreclosures (11.9%). What good are “rights” if we
don’t have the power to assert it (354). For Marx, rather than
protecting the rights of everyone, capitalist government protects
the rights of only those in power. He argued that rights should
not just be based on our ability to assert them, but rather on our
interest and needs as members of a civil society (355). If a
person has a right, the state has a corresponding duty (education
as an example, or otherwise).
Gustavo Gutierrrez
https://www.youtube.com/watch?v=pkGaqBmQnoI is a
liberation ethicist / liberation theologian. Liberation ethicists is
“the ethical theory based on social and political reform and a
demand for respect of the dignity and rights for all people”
(426). He grew increasingly dissatisfied with the official
church position in Latin America and is critical of laissez-faire
capitalism with its emphasis on liberty rights and presumption
that democracy will ensure human rights (355). The rights of
private ownership have been bought at the cost of the rights of
the poor (materially and those marginalized). While
globalization of capitalism has increased the number of wealthy,
it has come at the expense of making nearly everyone else poor
and killed respect for the environment and isolated us from one
another.
IV. Rights and Duties (Rights relationship to duty)
So, are rights entitlements? Does a right on you part create an
obligation on mine? The big to disregard the rights of those who
lack the political power or force of law to exercise their moral
claims” (359). Utilitarian: Bentham attacked natural rights as
‘rhetorical nonsense – nonsense upon stilts” (359) “without
government to curtail selfishness, he argued, any talk of rights
makes no sense” (359). In short, rights exist only within the
context of society, except that Mill held that we have a right to
liberty that was absolutely binding upon society (360).
Rights and Human Dignity: Per Kant, the only right that is
specifically created is the formal right to be treated with
respect. Much like Locke, liberation philosophy/theology holds
that the right to own land is limited by the landowners duty to
use it well (for liberation theologists, this means if landowners
respect the duty to share with the poor) (360). Like duties,
most rights are prima facie rather than absolute and can be over-
ridden in a particular case by a more compelling right or duty
(361).
V. Liberty (Negative) Rights and Welfare (Positive) Rights:
Welfare or positive rights entail the right to receive certain
social goods such as adequate nutrition, housing, education, and
police and fire protection.
Liberty or negative rights entail the right to be left alone to
pursue our legitimate interests without interference from the
government or others (363). Our legitimate interests are those
that do not violate other’s similar and equal interests.
Libertarians form a political philosophy and political party that
opposes political restrictions on freedom. Everyone should be
left alone to pursue their own interest (Locke, Rand, JS Mill –
support minimal government). Unlike utilitarians, libertarians
identify some rights that “place limitations on how we may treat
persons independently of the consequences (364). They are also
limited by our duty to treat ourselves with respect. For Kant,
suicide is an abomination (364). In the US, we tend to place
more emphasis on liberty rights than on welfare rights.
Welfare Rights (positive): welfare rights are important to
authors like Guttierez and Marx because without a minimal
standard of living, we cannot pursue our legitimate interests.
Therefore, it is more important to focus on liberating the poor
to be able to exercise their rights and we should have a
preferential attitude toward the poor. According to John Rawls,
differences in wealth are permissible only if they serve to
benefit the least well-off in society (367). Rawls model was
used to create the universal health care policy in the US (367).
Former United Nations ambassador Jeane Kirkpatrick believes
that the rhetoric of rights has gotten out of hand. She points out
that “when people lack the ability to assert these ideal rights or
to fulfill their life goals, the complain that someone or the
government must be depriving them of their rights” (367)
VI. Rights and the Moral Community
Possession of rights has been interpreted as stemming from
either (a) the power of self-assertion or (b) the interest of
beings who may or may not be moral agents (369). Self-
assertion the only human beings who have rights are those that
can make and defend moral claims (Rational and autonomous
humans). “Some humans, such as fetuses, newborns, the
comatose, and those who are severely retarded, are not persons
in this fuller sense, and therefore are not the bearers of rights”
(370). The self-assertion model excludes all non-human
animals, even though it seems to many of us that certain non-
human animals are pretty good at making known that they
expect to be feed, etc.
Interest model of rights is based on our capacity for suffering
and pleasure and our concept of the good life (371). It starts
from the position of moral equality. The equality is based on a
moral ideal of equal concern for others regardless of their social
and political power or their particular abilities (371).
Note that even if we extend the interest model to include non-
human animals, non-human animals will likely not have the
same rights, because they have different interests. “There are
distinctly human rights, such as the right to religious freedom
and the right to a formal education…” that just wouldn’t make
sense if applied to the interest of animals (372).
VII. Critique of Rights Ethics
1. The theological basis of natural rights ethics, which
privileges humans as a special creation, is difficult to justify.
The claim of natural rights ethicists that rights are based upon
the principle of equality has led animal rights advocates to
question why this principle should not be extended to non-
human animals (375).
2. The belief of natural rights ethicists that rights are self-
evident is problematic. Without any criteria for justifying
rights, there is no way to decide which claims of rights should
be taken seriously and which are frivolous. For this reason,
most philosophers argue that rights only make sense in terms of
their relationship to duties (376).
3. The separation between liberty and welfare rights is not clear
cut. The self-assertion model favored by libertarians actually
depends upon a welfare right (police, military) to be protected
by an extensive and expensive legal and police system (376).
4. Not all people are equally capable of asserting their rights.
Basing rights on self-assertion favors those who have access to
political and social power at the expense of those who lack this
power. The interests model, on the other hand, tends to favor
those who are weak – whether because of the natural lottery,
restrictive social roles, or just plain laziness – at the expense of
those who show initiative (376)
5. Rights protect our dignity as persons. Rights ethics is mainly
problematic if it is used as a complete explanation of ethics;
however, it is an important component of ethics theory. It
focuses our attention on the claim that others must be treated
with respect in a way that talk of duties alone may not (376).
Chapter 10 Instructor Notes – “Deontology; The Ethics of Duty”
I. Introduction:
Deontology and Duty – a popular approach to ethics,
“Deontology” comes from the Greek word “Deon” meaning
“duty” or “that which is obligatory” (299). These duties are
transcultural and universally binding. Rather than defining
morality in terms of consequences or promotion of particular
interests, the moral law is an end in itself.
Immanuel Kant regarded these duties as absolute (ones that are
always morally binding regardless of the circumstances), but
most deontologists regard these duties as Prima Facie (a duty
which appears to be binding “on its face” unless it conflicts
with a more pressing moral duty). These duties may be either
positive (requiring us to actively do something, such as
extending a helping hand) or negative (such as restraining
ourselves from doing something, such as stealing). Some
duties, like non-maleficence (do no harm) are negative, but can
also be expressed as positive duties (taking action to prevent
future harms – such as warning employees about risks in their
work environment).
Deontology is often considered as a opposed to utilitarian
theory as one focuses on consequences and the other on acting
in accordance with our duty. Utilitarians do believe that we
have duties (to maximize happiness) and deontologists believe
that happiness matters, because without it we may be tempted to
not do our duty. These are different traditions and approaches,
but are not as diametrically opposed to one another as one might
first think.
II. Immanuel Kant: The Categorical Imperative (302).
Konigsberg during enlightenment, this deontological
philosopher was first published at the age of 57 and became one
on the most important moral philosophers of the time and sense.
Kant first focused his thoughts on moral sentiment then realized
then came to place a greater emphasis on moral reasoning and
its ability to demonstrate our obligations from duty. He
believed that the greater problem with not doing the right things
lies in a lack of moral motivation. Morality could be known a
priori . (could be known prior to or without reference to actual
experience).
Kant defined duty by reference to imperatives. Hypothetical
imperatives are those actions we ought to do to accomplish a
specific goal. The Categorical Imperative is an requirement of
action which is binding regardless of the consequences. Kant’s
categorical imperative: Act only on that maxim through which
you can at the same time will that it should become a universal
law. This principle provides a framework for deriving the
moral maxims (normative principles) such as “do not lie.”
Kant believed that reason was the foundation of morality. That
is to say, that morality would not exist without rationality,
making humans unique. Since autonomy is essential for
dignity, only rational beings have intrinsic moral worth. This
starting point, shaped Kant’s position on the moral community
and the formulation of the Practical Imperative: So act to treat
humanity, whether in thine own person or in that of any other,
in every case as an end in itself, never as a means solely. Kant
was not implying that we should never treat others a means,
however that we should respect their dignity (intrinsic value) at
the same time and not devalue others (or ourselves) once they
were no longer useful for promoting our goals.
Good-will: Among the chief duties was the development of
oneself (Good will/character and proper self-esteem). A person
of good will always acts out of a sense of duty and reverence
for moral (autonomous) law without regard for consequences.
If one engages in charity or truth-telling (examples) out of self-
interest or sentiment, these things are praise-worthy and to be
valued, but are not “moral” in the strict sense, because they are
not motivated by duty. Moral sentiments help to develop good
will by inspiring virtues. It is the good will that motivates us to
do our duty. The perfectly good will always acts in accordance
with the “ought.” The concepts of duty and obligation become
irrelevant because these come into play only when reason and
inclination are in conflict. While Kant stresses the need to
focus on development of our own moral character as our chief
good, this is not a position of ethical egoism as self-respect is
not the same thing as always putting our interests above others.
Key claims of Deontology:
· Duty is the basis of morality.
· Moral principles are universal
· Reason is important in discerning and applying moral
principles.
· Persons cannot be used as a means only
· The moral community consists of all rational beings.
III. Confucius: Duty and the Community
IV. Lying – absolute?
a. Bok’s Three Criteria
i. Is there a workable alternative to deception?
ii. Does the lie pass the test of publicity; that is, would lying in
this case be acceptable to reasonable people?
iii. Would we like to be lied to in this situation?
W.D. Ross – Prima Facie duties. Prima facie duties are moral
duties that may on occasion be overridden by stronger moral
claims. Universal does not equal absolute. Kant, however,
argued that duties are absolute because they are derived from
reason, and it is therefore logically inconceivable for duties to
conflict (321).
Ross’s 7 prima facie duties:
1. Future looking
a. Beneficence (the duty to do good acts and to promote
happiness)
b. Nonmaleficence (the duty to do no harm and to prevent harm)
2. Duties Based on past obligations
a. Fidelity (duties arising from past commitments and promises)
b. Reparation (duties that stem from past harms that we caused
others)
c. Gratitude (duties based on past favors and unearned services)
3. Ongoing Duties
a. Self-improvement (the duty to improve our knowledge and
virtues)
b. Justice (the duty to give each person equal consideration)
Rawls, John – The Duty of Justice. Distributive –v- Retributive.
Impartiality. Veil of ignorance. Inequalities resulting from the
“natural lottery”
Two principles:
1. Each person is to have an equal right to the most extensive
basic liberty compatible with a similar liberties for others.
2. Social and economic inequalities are to arranged so that they
are both (a) reasonably expected to be to everyone’s advantage,
and (b) attached to positions and offices open to all (231)
Primary social goods
V. Critique of Deontology: Summary (337).
a. Western deontologists have been accused of promoting an
abstract moral philosophy that sacrifices community in the name
of individual autonomy (334). The position that moral
development can occur without reference to a moral community
(ie, in an a priori state) has been questioned. Kant’s position
was liked by Hegel to animals in a zoo in their own individual
cages with no sense of community. It is isolating?
b. There may be too much emphasis on just and abstract
principles and ignoring of moral sentiment. Fails to take into
account the importance of moral sentiment and relationships. Is
this criticism based on a false perception of duty as several
deontologists do not believe that doing one’s duty is antithetical
to personal growth and relationships or to the expression of our
natural passions and instincts (335). Are they incompatible?
c. Deontology may be compatible with consequentialist theories
(if Kant’s insistence of ignoring consequences is removed).
d. Advantages outweigh disadvantages:
i. has made significant contribution to the discussion of ethics
as an open-ended theory it generates additional discussion.
ii. Kant’s deontology is one of the most influential and fertile
moral philosophies in modern history.
Chapter 9 Instructor Notes – “Natural Law Theory: Morality is
Part of Rational Nature”
Cloning, Genetic engineering, designer babies. Enhancement or
defect removal
Natural Law Theory maintains that moral-or natural- law is
grounded in rational human nature. According to Natural Law
Theory “morality is universal and grounded in rational
nature…the laws are unchanging and eternal…and universally
knowable by all humans through reason” (272).
Natural law is a teleological tradition – “it is grounded is a
specific view of the purpose or goal of the natural order.”
Advocated by Aristotle, (life, procreation, knowledge, and
society) Acquinas, ect. Human (or manmade) laws are binding
only if they are just and consistent with natural law. Many
religious traditions look for a messianic age when human law
will conform with natural law (273).
Natural Law Ethics and Religion: A belief in God is not
essential to be a natural law advocate, but natural law is often
associated with religion (273). Unlike Divine Command Theory,
natural law ethics does not depend on the existence of a
personal God.
Key Claims of Natural Law Theory:
· Morality is found in unchanging principles of moral (natural)
law in nature
· Natural law is universal and applies to all humans at all times
· Humans can access natural law through the use of reason
· Manmade laws are authoritative only if they are just and
consistent with the principles of natural law. (274).
Thomas Aquinas: Catholic Natural Law Ethics: 1225-1274. We
function best as humans when we are perfecting our reason.
Reason has been given to humans by God and, as such, offers a
vehicle for discerning natural or moral law (275). Protestant
rejection: 1) but human reason is fallen and fallible, 2) it places
too much emphasis on human agility, and 3) ignores the value
of Christ’s sacrifice.
Four Types of Laws:
1. Eternal Law – the uncreated reason of God that guides the
universe as it moves toward a particular goal or end.
2. Divine Law – directs humans and other creatures to their
supernatural end, which consists of a vision of God and eternal
blessedness
3. Natural Law – (or moral law) – is the special way that
rational creatures participate in eternal law and are thereby
directed toward their earthly happiness.
4. Human Law – is at the bottom of the hierarchy of laws; it is a
law, such as legislation (civil) or cultural norms, that is derived
by humans from natural law.
Catholic Natural Law Concept of Human Rights: “The belief in
our duty to respect the intrinsic world of all humans – even
those who are not ration or sentient – has made Catholic
ethicists adamant in the opposition to both abortion and
euthanasia, as well as stem cell research” (276). Although the
church has been a powerful force in the international fight for
equal human rights, it has been accused of getting this wrong by
not letting woman or gay men be ordained in ministry (277).
Principle of Double Effect: an action which causes a serious
harm may be permissible if that harm is an unintended side
effect of bringing about a particular good. Self-defense,
hysterectomy or chemotherapy that will result in loss of a fetus
if that is needed to safe the mother’s life, unintentional killing
of civilians in wartime, palliative care which likely results in
death.
Just War Theory
Jus ad bellum (just conditions for waging war)
1. War must be declared and waged by a legitimate authority
2. There must be a just cause for going to war.
3. War must be the last resort
4. There must be a reasonable prospect of success
5. The violence used must be proportional to the wrong being
resisted.
Jus in bello (just conditions for fighting)
1. Noncombatants should not be intentionally targeted.
2. The tactics used must be in proportion to the injury being
redressed
3. Prisoners of war must be treated humanely (benevolent
quarantine)
Henry David Thoreau (1817 – 1862) : Natural Law Theory and
Civil Disobedience
What makes laws un-just:
1. Degrading to humans (slavery/segregation), or
2. It is discriminatory, or
3. It is enacted by an authority that is not truly representative,
(taxation without representation), or
4. It is unjustly applied (used to punish/target specific groups)
(281).
Natural Law is higher than human law. Civil Disobedience is
“The refusal to obey certain government or human laws for the
purpose of trying to bring about a change in legislation or
government policy” (282).
Criteria for Civil Disobedience:
1. Only moral and nonviolent means are used to achieve its
goals.
2. An effort is first made to bring about a change through legal
means.
3. The actions are open and public.
4. Dissidents are willing to accept the consequences of their
actions.
Mohandas Gandhi. Martin Luther King, Jr. – deliberate
violation of segregationist laws. Exercise #2 – page 286.
Natural Law Theory and Contemporary Moral Issues: “Because
life is good and has intrinsic moral value, natural law ethicists
oppose abortion (except to save the life of the mother), capital
punishment, active euthanasia, and unjust wars. On the other
hand, because natural law is based on very general principles, it
is open to interpretation, especially in issues such as
contraception and homosexuality, where human life is not at
stake. New medical technologies also present a challenge..”
287).
1. Euthanasia (p. 288) 2. Environmental Ethics (289-290) –
harmonious interdependence
2. Cloning as a fertility treatment – made, not begotten (291)
Critique of Natural Law Theory:
1. Not all people within the tradition agree on what is morally
required.
2. Natural law theory is based on a dualistic worldview (humans
are uniquely intelligent)
3. As a teleological position the end sought might override
individual rights and dignity
4. There is disagreement among natural law theorists on the list
of fundamental goods. Given the variability of human interests
and goals is agreement on a list or fundamental goods even
possible?
5. Natural law theory commits the naturalistic fallacy. Even if
there are fundamental goods for which we all yearn, they derive
what ought from what is. We also need reasons other than the
unnaturalness of a technology to condemn to say it ought not
happen. (293).
Chapter 8 Instructor Notes – “Utilitarianism”
A consequentialist tradition: the outcome or consequences of
our actions are more important than our intentions. (234)
Utilitarianism is particularly focused on consequences as they
relate to promotion of the “greatest net happiness for all.” If
the net is positive, the action is moral, and any means are
acceptable.
“All” includes sentient beings: beings capable of feeling
pleasure and pain (234). This expands the moral community to
include many non-human animals which are capable of feeling
pain. Generally, the ability to feel pain and be included in the
moral community is measured by how well developed the
species’ nervous system is.
Greatest happiness principle: “Actions are right in proportion
as they tend to promote happiness, wrong as they tend to
produce the reverse of happiness” (235).
Key Claims of Utilitarianism (p 236):
1. The desire for happiness is self-evident and universal.
2. Pleasure brings about happiness; pain brings about
unhappiness
3. People are naturally sympathetic and concerned with
promoting the happiness of others.
4. The rightness or wrongness of an action is determined solely
by its consequences.
5. An action is morally right to the extent that it promotes the
happiness or pleasure of all those affected by it.
6. An action is morally wrong to the extent that it increases
unhappiness or pain.
7. The moral community consists of all sentient beings.
Rule-Utilitarians –v- Act Utilitiarians: Rule utilitarians are
concerned with the morality of particular classes of actions,
such as torturing or stealing. Act utilitarians are concerned
with the consequences of particular actions. In other words,
rule-utilitarians evaluate potential normative rules against the
principle of utility or the Greater Happiness Principle to and
act-utilitarians evaluate potential applied (specific situations)
against the principle of utility or the Greater Happiness
Principle.
Bentham, Mill, and Mo Tzu:
Bentham, Jeremy (1748-1832): Utilitarianism and Social
Reform who developed this ethical meta-ethical theory (which
is deeply focused on equality and democracy) in response to the
injustices of his time (poor treatment of the working class, vast
urban slums, pollution, child labor, widespread poverty –
industrial revolution issues). His position: Utility provides the
only source of political obligation for the state. It alone
provides the test for what a law should be and which laws
should be obeyed. Bottom-up focus rather than top down and
regard religion as a very harmful.
To arrive at the proper (moral) law, we implement the
Utilitarian calculus. The calculus involves evaluating 7 criteria
and their effect on all sentient beings effected. Once
completed, the numeric total of pleasure units provided a
definitive answer to the morality of the law. The utilitarian
calculus includes:
1. Intensity – the strength of the pleasure or pain. The greater
the pleasure, the higher the value.
2. Duration – the length of time of the pleasure or pain. The
longer, the higher the pleasure the higher the value.
3. Certainty – the level of probability that the pleasure or pain
will actually occur.
4. Propinquity – how near in time (proximate) the please or pain
is likely to occur. The sooner the etter.
5. Fecundity – the extent to which the pleasure will produce
more pleasure
6. Purity – a consideration of whether the pleasure will produce
some pain at the same time.
7. Extent – the number of sentient beings affected by the action
(page 242).
John Stuart Mill – Godson of Bentham who reformulated
utilitarianism. They were both interested in political and social
reform, both disliked the influence of superstition (the Church),
and both emphasized education (246).
Disagreement – (influenced by Harriot Taylor). For Mill,
pleasure is not the only criterion; human dignity must be
respected. Principle of non-maleficence introduced (248).
Mo Tzu (470 – 391 BCE): Utilitarianism as Universal Love
(250 - )
Alternative to more passive Confucianism and Taoism (250).
We can expand the principle of jen (love) from Confucius to
apply to everyone and using this standard universally, we can
achieve a world of peace and harmony. Confrontational like
Socrates. He died in 391 BCE with approximately 300
followers.
Utilitarianism and the Moral Community:
One of the most credible elements of utilitarianism is its
expansion of our concept to who counts in our moral
community. Utilitarians have been in the forefront of many
movements for human equality and the welfare of nonhuman
animals. Contemporary Australian Philosopher, Peter Singer is
largely responsible for the promotion of animal rights today.
Among numerous other accomplishments, he coined the term
“Speciesism.” This is the position of prejudice or bias of
certain beings simply because of their membership is a specific
species (usually human)(252 – 254). Note: equality of
consideration is not equivalent to equality of treatment. While
we respect kangaroos, we don’t give them the right to vote.
The Principle of Utility in Public Policy
Euthanasia: Is Death Always A Harm? – Many people
believe it is appropriate, perhaps even obligatory, to mercifully
and humanely kill an animal companion who is suffering and
incurable. Yet, we are very torn about providing humans the
same kindness. This is the central concern of the final paper for
this course, so students should read Boss, 256-258 at a
minimum to understand this issue. For utilitarians, the worth of
a particular life depends only on the degree to which the
pleasure of that life outweigh the pain of continued existence.
Students should be able to distinguish between voluntary and
involuntary euthanasia and between active and passive
euthanasia.
Military Conscription: Should National Service Be
Compulsory? – Pages 258 and 259 discuss the utilitarian
approaches to mandatory service in the military.
Taxing Fattening, Non-Nutritious Foods: Should
Government Tax Lifestyle Choices Pages 259-261 discuss the
utilitarian approaches to taxing fattening foods.
Critique of Utilitarianism:
1. The insistence on equality and impartiality is both one of its
strengths and a weakness. Equality is generally regarded as a
good thing, but this position may allow that those who have
engaged in more productive work not be rewarded for their
efforts.
2. It can violate the principle of retributive justice, which
requires that people be treated fairly and that any penalties be
proportioned to the misdeed. If we really wanted to deter, why
not the death penalty for traffic violations?
3. The consequentialist focus fails to give sufficient attention to
the integrity of the individual
4. It does not give sufficient attention to the role of moral
sentiment (only autonomous reason)
5. It may be an impossible standard if we always had to act to
maximize societal benefit. We would have no free time to
pursue our own interests.
6. It does not require that people have any intrinsic value and
that they may be treated solely as a means (similar to #3).
Someone could become a scape-goat (as long as no one every
learned that this may be happening).
7. Been accused of the naturalistic fallacy. While the desire for
pleasure is self-evident, it does not necessarily follow that we
should pursue it.
8. It does not allow for any consideration of anything outside of
consequences, yet, we want to say that intentions do matter.
9. Positive:
a. It expands our moral community
b. It requires that consequences be considered
c. It offers helpful guidelines for making moral decisions
(happiness is so pervasive, it is right to remind us that it must
be considered in moral theory).
d. It serves a reminder that we should be ready to provide good
reasons for our moral decisions (autonomous moral reasoning
matters).
Chapter 7 Instructor Notes – Ethical Egoism; Morality Is Acting
in Our Best Self-Interest
Gyges’ Magic Ring from Plato’s Republic – Glaucon’s
position is that is more reasonable to be unjust (201).
I. Ethical Egoism Explained:
a. Definition: The meta-ethical theory that every person should
what is in his or her best self-interest (425). It differs from
ethical relativism because it is concerned with one’s self-
interest. It is not the same as an egotist which is a person who
is arrogant, boastful, inconsiderate, and self-centered. These
actions are not necessarily in one’s best interests.
i. Key Claims of Ethical Egoism
1. Individual Happiness is the greatest moral good.
2. People achieve happiness by pursuing their own rational self-
interest
3. People ought to pursue their rational self-interests.
We rationally (objectively) calculate what is in our own self-
interest. This belief that happiness and the pursuit of self-
interest is frequently seen in moral discussion, but Ethical
Egoism is takes this step further, by claiming that individual
happiness (rationally pursued) is all that matters (202).
Epicurus –v- Hedonism: Hedonism is a philosophical doctrine
that considers pleasure to the standard of value. Cyrenics –v-
Epicurus. Bentham –v- Mill. Epicurus was an ethical Egoist
(341-270 BC) who argued that pleasure as the ultimate good is
“implanted in our mind by nature.” 203. Hedonism focuses on
the immediate pleasures. Egoism considers long and short-term
pleasures which requires a level of prudence (203).
b. Thomas Hobbes; Psychological Egoism
i. Hobbes (1588 – 1679): People form society for protection. We
continue to live by the laws as long as it benefits us. Even acts
like charity and altruism are ultimately egoistic – done when
there is a payoff in return.
ii. Position Explained: Psychological egoism is a descriptive
theory. Although people may not always act in their rational
self-interest (smoking etc), people are motivated to act in their
own self-interest. People may fail don’t fail for lack of
motivation, but from error and ignorance (206).
iii. Limitations: On the surface, this position is airtight which is
one of its primary flaws:
1. Non-falsifiable: One of the requirements of any good
science. This position cannot devise any hypothetical situation
that might disprove their theory.
2. Circular: It is essentially the circular position that: People
are always motivated by self-interest, therefore, whatever
people do must have been motivated by self-interest.
3. Motives?: Another problem is that is sometimes hard to know
what our own (or others) motivation really is. When a hero
acts, the psychological egoists claims that the real motive
“though it may be unconscious, is self-benefit” (207).
4. Note: this is a fallacy of ignorance as well. One cannot
argue that one’s conclusion is true simply because others cannot
prove that there are no unconscious egoist motives.
Ethical Egoists will allow that we may not always act out of
psychological egoism (always self-interest), but that we should.
Ethical egoists do not necessarily accept psychological egoism.
Indeed, if psychological egoism is true, there wouldn’t be any
need for the Ethical egoist moral theory (208).
c. Ayn Rand; Objectivist Ethics and Rational Ethical Egoism:
i. Ayn Rand (1905 – 1982). Witnessed demoralizing effects of
communism and concluded that ethical egoism as exemplified
by laissez-faire was the “only philosophy compatible with
respect for the integrity and reality of the individual human”
(209). She called her position by a slightly different name
“Objectivist ethics” as she believed it was developed around the
objective state of humanity.
ii. Rational Egoism – Because reason is required for survival, it
has moral value, and we ought to behave rationally to be moral.
Humans are fundamentally solitary individuals, each pursuing
his or her own personal self-interest. Society is just a collection
of individuals. Her rational vitrues:
1. Be independent. Live by the work of your own mind.
2. Have integrity. Don’t sacrifice your convictions to the
opinions of others.
3. Be honest. Don’t fake reality
4. Be Just. Neither seek nor give that which is unearned or
undeserved (210).
Altruism: Helping others is only justified if we receive
something in return. Altruism and compassion kill the spirit and
have left us feeling guilty and full of self-hatred (210).
Altruism is immoral. Selfishness is virtuous.
Distribution of Resources: An even larger issue for Rand is the
non-voluntary redistribution of wealth within a country.
Federal bailouts, etc. Members of the Rand institute continue to
argue that prosperity for the county improves only with less
government involvement.
II. Ethical Egoism and Laissez-faire Capitalism:
a. Definition: “Laissez-faire capitalism is an economic system
based on individual freedom, the pursuit of rational and prudent
self-interest, and minimal government interference” (212).
b. Laissez-faire and a Free-Market Economy: Adam Smith (1723
– 1790) laid out this approach in Wealth of Nations where
everyone is allowed the freedom to pursue their own self-
interest in the marketplace. Part of the beauty, he thought, is
that while individuals gain wealth, they are adding to the
national gross domestic product. The result would be the most
efficient use of resources and society is built up as well.
c. Marxist Analysis of Laissez-faire Capitalism: There is no
doubt that capitalism has created nearly unfathomable wealth,
but Marx would ask the question: For Whom? Marx’s position
is that capitalism really only benefits a very few people at the
expense of everyone else. Most people become alienated from
their labor in this economy. It protects the “objective interests”
(Rand) or people only by turning them into “objects” to be used
by others.
The gap between rich and poor has widened at an increased rate
in the US since the late 1990s to a point where we are among
the highest levels of economic inequality and poverty in the
world. Economic inequality is increasing world-wide with the
globalization of capitalism. Marx also highlighted that
people’s abilities to trade skills and services in a free-market
vary widely. Existing economic forces encourage people to
undervalue their labor, which just adds to the cycle. The
egoist’s assumption that we are all in a position to act as
traders, as we noted earlier, is questionable.
d. Globalization of Capitalism: According to ethical egoists, a
global capitalist system will benefit both rich and poor nations.
Wealth will trickle down until the poor also will be able to
compete in the world market. These assurances have not been
borne out. Globalization has made the divide worse. Liberation
ethicists have become more adamant about the immoral,
exploitive, and institutionalized harms of capitalism.
Increasingly, the wealthy will have to turn to more violent
means to maintain control (215). Liberation ethicists have
noted that colonization has left many countries with an unfair
disadvantage to trade in an international market (216). As the
ethical egoist might predict, the need to compete has fueled
mass (legal and illegal) migration (215). Marx and liberation
positions criticize Ethical Egoism for not taking the dignity and
humanity of individuals seriously, because the moral
e. Individuals versus Social Responsibility
III. Ethical Egoism and the Moral Community:
a. Egoism, Self-esteem, and Moral Development – individuals
are the limit of the moral community (those that have intrinsic
worth – all others are objects that may be useful).
b. Communitarianism – tend to put too much focus on all human
activity being focused on the overall good. Yet, Ethical
Egoism, tends to put too much focus on human activity being
focused on individual interests.
c. Self-interest and Happiness - Rand never carried out any
research about the pursuits that make people happier. Recent
studies (1980s) found that many commonly held assumptions
about happiness are not born out by research. “The prevalent
belief…that hard work and productive labor are one of the most
important contributing factors to happiness; was not verified by
the studies” (p.223). Higher levels of happiness were detected
in people who rank social values (love, sympathy, tolerance,
etc) high.
IV. Critique of Ethical Egoism:
a. Encourages the development of self-esteem – this is a
positive thing. We need respect for ourselves to feel the moral
indignation that supports moral motivation to stand up for
others.
b. It is self-defeating – it leads to isolation and inclusion of
only ourselves in the moral community of persons with intrinsic
worth. What is the point of achieving our rational self-interest
if we are the only person who is willing to put up with us.
c. Cannot be universalized – an Ethical Egoist would not want
others to adopt their position as it would be easier to negotiate
for one’s own self-interest if others are not protecting their self-
interest. Further, since fulfilling one’s own rational self-
interest is the only moral position, it is to the advantage of the
Ethical Egoist to encourage others to behave immorally (not act
on their own self-interest).
d. Provides no guidance on interpersonal conflict – when
individual people’s self-interest come into conflict they are both
right (moral). There is no additional/higher law to appeal to in
order to judge between these competing claims.
e. It is arbitrary – “while it may be true, as Rand claims, that we
cannot truly value others without first valuing ourselves, it does
not follow from this that we should habitually put our interest
above those of others” (p. 225).
f. Like Social Darwinism, and ethical subjectivism, allows the
powerful to exploit the weak. – the devastating effects of this
ideology on the people and nations that are not in positions of
economic power…are becoming more and more evident (p 226).
Those that have had everything taken from them are not is a
position to aggressively negotiate, which gives the power
advantage to the wealthy.
g. It fails to take into account that we are social beings who
exist as part of a wider community. – It fails to recognize (or
even acknowledge) the possibility that we are, at least in part,
social animals who desire community.
h. Ethical egoism inhibits moral development – it encourages
self-interest (a pre-conventional/ childish/ ethically
undeveloped position according to Gilligan) and/or a position of
reciprocity – be nice to those that can benefit us and not anyone
else (a pre-conventional/childish/ethically undeveloped position
according to Kohlberg).
i. It is based on a false premise regarding the source of
happiness. – [it] “seems to be based on Western capitalists
norms rather than on a transcultural description of human
nature…as noted earlier, studies show that being involved in
productive paid labor is not related to happiness” (p.227).
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Chapter 12 Instructor Notes – Virtue Ethics and the Good Life ” .docx

  • 1. Chapter 12 Instructor Notes – “Virtue Ethics and the Good Life ” I. Introduction: Community service is increasingly required of college students with some arguing that this is real opportunity for the development of moral character and sentiment. Others argue that mandatory benevolence is shallow and/or may incline students away from these sorts of actions in the future. The position of virtue ethics argues that: “It is through habituation, the repeated performance of good works, that we become virtuous: (383). It “emphasizes right being over right action” (384) but acknowledges that the focus on being virtuous provides a grounding that leads to moral acts. A moral virtue is “an admirable character trait or disposition to habitually act in a manner that benefits oneself and others” (384). The integration of these virtues into an “overarching character of goodness or excellence” is an interest in Christianity (compassion, courage, generosity, loyalty), Hinduism (nonviolence, truth, purity and self-control) and Confucian “Jen” (benevolence, love, affection, compassion). A vice by contract is a character trait or disposition to act in ways that harm ourselves or others. Aristotle divided virtues into: intellectual (excellence in reasoning that includes wisdom – the most important of virtues -and prudence) and moral virtues which are acquired by habit. Moral virtues are driven by reason and intention. Natural virtues, according to Aristotle, (gentleness, compassion, friendliness, and others) are traits that even animals can demonstrate and that are desirable, but are not moral as they do not involve the formation of intentions (385). Like Aristotle, one of the prima facie duties of Ross is self-improvement – development of a virtuous character. Until we learn to be virtuous ourselves, we should follow the example of moral leaders and consider how they would likely
  • 2. respond in a situation. Some of the moral leaders who may serve as role models and can be counted upon to act in a manner that benefits others are Harriet Tubman, Buddha, Jesus, Socrates, and MLK Jr. These people show a propensity as well for supererogatory actions (386). Virtue ethics focuses on psychological well-being of humans. It is part of our ultimate purpose as individuals. Intentions stem from an underlying concern for the well-being of others and themselves, or what Aristotle calls “a certain frame of mind” (387). A good-will has to be cultivated. We have discussed the importance of good-will for Kant also (for a reminder see p. 388). II. Aristotle: Reason and Virtue “Western philosophy has long considered reason to be more important than sentiment or emotions. ‘Moral’ sentiments such as sympathy have often been dismissed as residual instincts belonging to our lower or animal nature” (389). Aristotle is largely responsible for this position with his distinction between moral and natural virtues above discussed. Aristotle believed that all life has a function that is peculiar to its particular life form. For humans, our role was to exercise reason and this was the only way to be truly virtuous (389). Immorality results from a dis-ordered psyche, so our goal is to apply reason to an understanding of the virtues and how to obtain them through a corrective process that draws us ever nearer to a good-life and well-formed character. A principle way to accomplish this task (for Aristotle and Confucius and Islam) is to act according to the “Doctrine of the Mean” (391). “According to the doctrine of the mean, virtues generally entail moderation or seeking the middle path between excess and deficiency. This is not a wishy-washy, indecisive position, but one that boldly asserts that the middle ground is nearly always the correct one. The mean is to some extent based on the individual person as well as his or her culture. As Confucius would say “when traveling the Way, we must start from the nearest point (392). In other words, we access our natural
  • 3. tendencies, either to deficit or excess and slightly overshoot the target of virtue toward the other extreme. By doing so, we are likely to end up behaving closer to virtue. Aristotle put it this way: 1) Keep away from that extreme which is opposed to the mean 2) Note the errors into which we personally are most liable to fall 3) Always be particularly on your guard against pleasure and pleasant things [other than those that come from being virtuous] (393). [Consult Table 12.1 on page 392]. We must also be aware (following Hinduism) that we may become so self-absorbed in an attempt to achieve perfection that we are no longer able to relate well to others (393). III. David Hume: Sentiment and Virtue Contrary to most western philosophers, David Hume believed that sympathy and caring are the most important virtues. Sympathy forms the heart of our conscience. Hume also disagreed with the rationalists regarding the role of reason in willing actions. He was himself described as one of the most pleasant and sweet-tempered men ever born (394). Hume’s claim that “sympathy is the greatest virtue, and cruelty…the greatest vice” (394) has some empirical support (appropriate for this empiricist). One of the primary values of sympathy is that it opens us up by breaking down the us-v-them mentality that often leads to marginalization or elimination of consideration of what should members of our moral community. Key claims of Virtue Ethics: · Right being, or the type of person we are, is more important that right action · A virtue is a character trait or disposition to habitually act in a manner that benefits ourselves and others. · A virtuous person, as a person of good will, is more likely to do what is right · Virtue contributes to our moral well-being as well as our
  • 4. happiness · In general, virtue entails hitting the mean between excess and deficit. IV. Nel Noddings: Feminist Care Ethic Feminist Ethics involve the re-thinking of traditional ethics to create a non-sexist, gender-equal ethics that takes into account the importance of moral sentiment in women’s moral reasoning. There are several approaches (maternal ethics, lesbian ethics, care ethics, and ecofeminism) (396). Most believe that gender differences are a combination of nature and nurture and that the issues that arise within families “private worlds” have too often been ignored by philosophy. Care ethics also believe that it is care, not rational calculations or an abstract sense of duty that create moral obligations (398). Caring is seen as an active virtue. Active virtues require two things: the sentiment of natural caring and love, which is our response to the remembrance of caring. Care ethics does not advocate for complete self-sacrifice. Nel Noddings includes only humans in the moral community because only humans are capable of being in reciprocal relationships. A criticism of this position is that by requiring a reciprocal relationship, the ethic is not broad enough to address many moral concerns (400). It has also been accused of fostering injustice by reinforcing the traditional role of women as care-givers. It is also worth noting that care ethics and deontological positions often seem to complement each other (400-401). V. Is Virtue Relative to Culture, Social Status, and Gender? Most people seem to agree on what is a virtue and what is a vice (402) within a culture. Women and men within that culture will often place different emphasis on which of the virtues are more important. Cultural: Although different cultures and groups of people may emphasize different virtues (sociological relativism), this does
  • 5. not mean that virtue is culturally relative in the sense that virtue is a cultural creation. The similarities appear to outweigh the disagreement (self-control, peacefulness, amity, courteousness,…) A list from 4,000 years ago is very close to one’s developed recently. Still, our culture does influence the way in which virtues are expressed (403-404). “Certain basic virtues, as Aristotle noted, seem to be necessary for our well- being as humans and for the achievement of the good life, no matter who are or where we live” (404). Virtue development: virtue development occurs within community, not in isolation. “The virtues of independence and economic success that we emphasize in the United States…might not be moral virtues at all, because, in general, they do not benefit, but rather harm, the individual…our push of self-reliance has become so extreme that it appears to have become a vice” (407). VI. Moral Integrity and the Unity of Virtue This section of the text again stresses the importance of virtues being integrated into fully formed moral character such that people are habituated toward spontaneously wanted to perform good deeds. It also highlights several traditions: Christianity, Taoism, Confucian Ethics, Islamic Ethics, and several others that place emphasis on the importance of virtue development as “no good tree bears bad fruit.” The cultivation of virtue and good will is a lifelong process. VII. Virtue and Moral Education Are people basically good or evil? Taoism, Confucianism, Rousseau, Thoreau, Locke tend to come down on the side of humans being fundamentally good by nature. Still, moral education may be required to develop our natural inclinations. The cultivation of virtue also requires willpower and practice. According to Aristotle, it is easier to be virtuous if we are trained early in life, but like any art or craft, if we fail to practice, we lose the skills required and have to re-learn. Continuous practice, like playing an instrument makes it much easier to remember and to improve.
  • 6. VIII. Critique of Virtue Ethics (414-415) 1. The primary criticism is that it is incomplete, by not placing enough emphasis on actions. 2. Virtue alone does not offer sufficient guidance for making moral decisions in the real world as the principles of utility and Kant’s imperatives attempt to do. Virtue ethics does not suggest that we ignore moral principles. They are saying the virtue is more fundamental. 3. Virtue ethics, and particularly feminist care ethics, does not pay enough attention to the considerations of justice and impartiality. It may also reinforce gender stereotypes. 4. Virtue ethics goes beyond pure duty and rights-based ethics by challenging us to rise above ordinary moral demands. Christina Sommers argues that we are placing too much responsibility for the well-being of others onto institutions, what is required instead is for virtuous persons to step up on take on these acts of kindness. 5. The development of a virtuous character is essential to the concept of the good life and the good society. Emerson: “Character is higher than intellect.” “While virtue ethics does not stand on its own as an independent moral theory…virtue ethics offers an important corrective to a morality based on abstract moral principles and rights” (415). Chapter 11 Instructor Notes – “Rights Ethics” I. Introduction: Suleman (Octo-mom). Rights ethics involves civil liberties and entitlements to basic social goods as the foundation of morality (342). “Human rights are not a new concept; however, the articulation of human rights by philosophers is a relatively recent development” (343). It arose largely in response to the ideas of social Darwinism, failed cultural relativism, and the growing confrontation with the idea of absolute sovereignty (343). The women’s rights movement and suffrage movements in
  • 7. Seneca Falls had and an impact. Remember Thoreau’s position that non-representative authorities lead to un-just laws (344). Human rights were articulated by the United Nations around the Nuremberg trials of Nazis with the “Universal Declaration of Human Rights” (345). Buddhist ethicists have also been leading advocates of human rights. Moral rights should been distinguished from civil (legal) rights. Manmade laws are not the source of rights. Some legal rights are not moral rights (such as a right to drive). The American Civil Liberties Union (ACLU) argues that the USA Patriot Act unjustly infringes upon citizen’s right to privacy as well as detainee rights to a fair trial (346). Key Claims of Rights Ethics: · Natural Rights stem from our human nature, which is a special creation of God · All and only humans have rights (are included in the moral community) · Rights are self-evident and inalienable · We do not have to qualify for or “earn” these rights (they are not dependent upon our membership in a civil society or political state) · Rights exist independently of and prior to duties. II. John Locke (and others): Natural Rights Ethics The concept of Natural Rights for John Locke and Thomas Hobbes is built upon the condition would find itself in outside of society. For Hobbes, that state would be one of egoism and result in the life of man being “solitary, poor, nasty, brutish and short.” For him, once we have entered into society, we have no claim of rights against a sovereign (the government) except when our self-preservation is at stake. Locke is a little more optimistic about the natural “state of humanity” and keeps the right to “life” while adding “liberty” and “the right to own property” as fundamental human rights (349). He was particularly concerned with property and essentially said that if take more than we can use and develop others have the right to
  • 8. take it from us. Ayn Rand (remember her from the chapter on Ethical Egoism) held that only the doctrine of natural rights created the possibility of free societies. How we use our land and our choice of career (productive work) is intimately connected to our freedom to pursue the good life (and consequently, to become the best we can be for ourselves and society). The doctrine of natural rights has come under scrutiny. There is disagreement on what the rights are and there is no way of resolving the disagreement since they are “self-evident.” Annette Baier argues that the liberalism supported by natural ethics does not take into account the limitations placed upon marginalized groups by traditional societal roles. This limitation is one of the primary weaknesses (much like objections related to Ethical Egoism) that plagues natural rights ethics (352-353). III. Marxist (and other) critique of Natural Rights Ethics Karl Marx (1818 – 1883) believed the role of the philosopher was not simply to interpret the world (anthropology and sociology), but to change it. Marx rejected natural rights as a bourgeoisie invention. He argued that it helps preserve the wealth of those in power, rather than the majority who “cannot afford to exercise their ‘natural’ right to own property” (354). In 2011, Florida had one of the highest rates of unemployment and one foreclosures (11.9%). What good are “rights” if we don’t have the power to assert it (354). For Marx, rather than protecting the rights of everyone, capitalist government protects the rights of only those in power. He argued that rights should not just be based on our ability to assert them, but rather on our interest and needs as members of a civil society (355). If a person has a right, the state has a corresponding duty (education as an example, or otherwise). Gustavo Gutierrrez https://www.youtube.com/watch?v=pkGaqBmQnoI is a liberation ethicist / liberation theologian. Liberation ethicists is “the ethical theory based on social and political reform and a
  • 9. demand for respect of the dignity and rights for all people” (426). He grew increasingly dissatisfied with the official church position in Latin America and is critical of laissez-faire capitalism with its emphasis on liberty rights and presumption that democracy will ensure human rights (355). The rights of private ownership have been bought at the cost of the rights of the poor (materially and those marginalized). While globalization of capitalism has increased the number of wealthy, it has come at the expense of making nearly everyone else poor and killed respect for the environment and isolated us from one another. IV. Rights and Duties (Rights relationship to duty) So, are rights entitlements? Does a right on you part create an obligation on mine? The big to disregard the rights of those who lack the political power or force of law to exercise their moral claims” (359). Utilitarian: Bentham attacked natural rights as ‘rhetorical nonsense – nonsense upon stilts” (359) “without government to curtail selfishness, he argued, any talk of rights makes no sense” (359). In short, rights exist only within the context of society, except that Mill held that we have a right to liberty that was absolutely binding upon society (360). Rights and Human Dignity: Per Kant, the only right that is specifically created is the formal right to be treated with respect. Much like Locke, liberation philosophy/theology holds that the right to own land is limited by the landowners duty to use it well (for liberation theologists, this means if landowners respect the duty to share with the poor) (360). Like duties, most rights are prima facie rather than absolute and can be over- ridden in a particular case by a more compelling right or duty (361). V. Liberty (Negative) Rights and Welfare (Positive) Rights: Welfare or positive rights entail the right to receive certain social goods such as adequate nutrition, housing, education, and police and fire protection. Liberty or negative rights entail the right to be left alone to pursue our legitimate interests without interference from the
  • 10. government or others (363). Our legitimate interests are those that do not violate other’s similar and equal interests. Libertarians form a political philosophy and political party that opposes political restrictions on freedom. Everyone should be left alone to pursue their own interest (Locke, Rand, JS Mill – support minimal government). Unlike utilitarians, libertarians identify some rights that “place limitations on how we may treat persons independently of the consequences (364). They are also limited by our duty to treat ourselves with respect. For Kant, suicide is an abomination (364). In the US, we tend to place more emphasis on liberty rights than on welfare rights. Welfare Rights (positive): welfare rights are important to authors like Guttierez and Marx because without a minimal standard of living, we cannot pursue our legitimate interests. Therefore, it is more important to focus on liberating the poor to be able to exercise their rights and we should have a preferential attitude toward the poor. According to John Rawls, differences in wealth are permissible only if they serve to benefit the least well-off in society (367). Rawls model was used to create the universal health care policy in the US (367). Former United Nations ambassador Jeane Kirkpatrick believes that the rhetoric of rights has gotten out of hand. She points out that “when people lack the ability to assert these ideal rights or to fulfill their life goals, the complain that someone or the government must be depriving them of their rights” (367) VI. Rights and the Moral Community Possession of rights has been interpreted as stemming from either (a) the power of self-assertion or (b) the interest of beings who may or may not be moral agents (369). Self- assertion the only human beings who have rights are those that can make and defend moral claims (Rational and autonomous humans). “Some humans, such as fetuses, newborns, the comatose, and those who are severely retarded, are not persons in this fuller sense, and therefore are not the bearers of rights” (370). The self-assertion model excludes all non-human animals, even though it seems to many of us that certain non-
  • 11. human animals are pretty good at making known that they expect to be feed, etc. Interest model of rights is based on our capacity for suffering and pleasure and our concept of the good life (371). It starts from the position of moral equality. The equality is based on a moral ideal of equal concern for others regardless of their social and political power or their particular abilities (371). Note that even if we extend the interest model to include non- human animals, non-human animals will likely not have the same rights, because they have different interests. “There are distinctly human rights, such as the right to religious freedom and the right to a formal education…” that just wouldn’t make sense if applied to the interest of animals (372). VII. Critique of Rights Ethics 1. The theological basis of natural rights ethics, which privileges humans as a special creation, is difficult to justify. The claim of natural rights ethicists that rights are based upon the principle of equality has led animal rights advocates to question why this principle should not be extended to non- human animals (375). 2. The belief of natural rights ethicists that rights are self- evident is problematic. Without any criteria for justifying rights, there is no way to decide which claims of rights should be taken seriously and which are frivolous. For this reason, most philosophers argue that rights only make sense in terms of their relationship to duties (376). 3. The separation between liberty and welfare rights is not clear cut. The self-assertion model favored by libertarians actually depends upon a welfare right (police, military) to be protected by an extensive and expensive legal and police system (376). 4. Not all people are equally capable of asserting their rights. Basing rights on self-assertion favors those who have access to
  • 12. political and social power at the expense of those who lack this power. The interests model, on the other hand, tends to favor those who are weak – whether because of the natural lottery, restrictive social roles, or just plain laziness – at the expense of those who show initiative (376) 5. Rights protect our dignity as persons. Rights ethics is mainly problematic if it is used as a complete explanation of ethics; however, it is an important component of ethics theory. It focuses our attention on the claim that others must be treated with respect in a way that talk of duties alone may not (376). Chapter 10 Instructor Notes – “Deontology; The Ethics of Duty” I. Introduction: Deontology and Duty – a popular approach to ethics, “Deontology” comes from the Greek word “Deon” meaning “duty” or “that which is obligatory” (299). These duties are transcultural and universally binding. Rather than defining morality in terms of consequences or promotion of particular interests, the moral law is an end in itself. Immanuel Kant regarded these duties as absolute (ones that are always morally binding regardless of the circumstances), but most deontologists regard these duties as Prima Facie (a duty which appears to be binding “on its face” unless it conflicts with a more pressing moral duty). These duties may be either positive (requiring us to actively do something, such as extending a helping hand) or negative (such as restraining ourselves from doing something, such as stealing). Some duties, like non-maleficence (do no harm) are negative, but can also be expressed as positive duties (taking action to prevent future harms – such as warning employees about risks in their work environment). Deontology is often considered as a opposed to utilitarian theory as one focuses on consequences and the other on acting in accordance with our duty. Utilitarians do believe that we have duties (to maximize happiness) and deontologists believe
  • 13. that happiness matters, because without it we may be tempted to not do our duty. These are different traditions and approaches, but are not as diametrically opposed to one another as one might first think. II. Immanuel Kant: The Categorical Imperative (302). Konigsberg during enlightenment, this deontological philosopher was first published at the age of 57 and became one on the most important moral philosophers of the time and sense. Kant first focused his thoughts on moral sentiment then realized then came to place a greater emphasis on moral reasoning and its ability to demonstrate our obligations from duty. He believed that the greater problem with not doing the right things lies in a lack of moral motivation. Morality could be known a priori . (could be known prior to or without reference to actual experience). Kant defined duty by reference to imperatives. Hypothetical imperatives are those actions we ought to do to accomplish a specific goal. The Categorical Imperative is an requirement of action which is binding regardless of the consequences. Kant’s categorical imperative: Act only on that maxim through which you can at the same time will that it should become a universal law. This principle provides a framework for deriving the moral maxims (normative principles) such as “do not lie.” Kant believed that reason was the foundation of morality. That is to say, that morality would not exist without rationality, making humans unique. Since autonomy is essential for dignity, only rational beings have intrinsic moral worth. This starting point, shaped Kant’s position on the moral community and the formulation of the Practical Imperative: So act to treat humanity, whether in thine own person or in that of any other, in every case as an end in itself, never as a means solely. Kant was not implying that we should never treat others a means, however that we should respect their dignity (intrinsic value) at the same time and not devalue others (or ourselves) once they were no longer useful for promoting our goals. Good-will: Among the chief duties was the development of
  • 14. oneself (Good will/character and proper self-esteem). A person of good will always acts out of a sense of duty and reverence for moral (autonomous) law without regard for consequences. If one engages in charity or truth-telling (examples) out of self- interest or sentiment, these things are praise-worthy and to be valued, but are not “moral” in the strict sense, because they are not motivated by duty. Moral sentiments help to develop good will by inspiring virtues. It is the good will that motivates us to do our duty. The perfectly good will always acts in accordance with the “ought.” The concepts of duty and obligation become irrelevant because these come into play only when reason and inclination are in conflict. While Kant stresses the need to focus on development of our own moral character as our chief good, this is not a position of ethical egoism as self-respect is not the same thing as always putting our interests above others. Key claims of Deontology: · Duty is the basis of morality. · Moral principles are universal · Reason is important in discerning and applying moral principles. · Persons cannot be used as a means only · The moral community consists of all rational beings. III. Confucius: Duty and the Community IV. Lying – absolute? a. Bok’s Three Criteria i. Is there a workable alternative to deception? ii. Does the lie pass the test of publicity; that is, would lying in this case be acceptable to reasonable people? iii. Would we like to be lied to in this situation? W.D. Ross – Prima Facie duties. Prima facie duties are moral duties that may on occasion be overridden by stronger moral claims. Universal does not equal absolute. Kant, however, argued that duties are absolute because they are derived from
  • 15. reason, and it is therefore logically inconceivable for duties to conflict (321). Ross’s 7 prima facie duties: 1. Future looking a. Beneficence (the duty to do good acts and to promote happiness) b. Nonmaleficence (the duty to do no harm and to prevent harm) 2. Duties Based on past obligations a. Fidelity (duties arising from past commitments and promises) b. Reparation (duties that stem from past harms that we caused others) c. Gratitude (duties based on past favors and unearned services) 3. Ongoing Duties a. Self-improvement (the duty to improve our knowledge and virtues) b. Justice (the duty to give each person equal consideration) Rawls, John – The Duty of Justice. Distributive –v- Retributive. Impartiality. Veil of ignorance. Inequalities resulting from the “natural lottery” Two principles: 1. Each person is to have an equal right to the most extensive basic liberty compatible with a similar liberties for others. 2. Social and economic inequalities are to arranged so that they are both (a) reasonably expected to be to everyone’s advantage, and (b) attached to positions and offices open to all (231) Primary social goods V. Critique of Deontology: Summary (337). a. Western deontologists have been accused of promoting an abstract moral philosophy that sacrifices community in the name of individual autonomy (334). The position that moral development can occur without reference to a moral community (ie, in an a priori state) has been questioned. Kant’s position was liked by Hegel to animals in a zoo in their own individual cages with no sense of community. It is isolating? b. There may be too much emphasis on just and abstract
  • 16. principles and ignoring of moral sentiment. Fails to take into account the importance of moral sentiment and relationships. Is this criticism based on a false perception of duty as several deontologists do not believe that doing one’s duty is antithetical to personal growth and relationships or to the expression of our natural passions and instincts (335). Are they incompatible? c. Deontology may be compatible with consequentialist theories (if Kant’s insistence of ignoring consequences is removed). d. Advantages outweigh disadvantages: i. has made significant contribution to the discussion of ethics as an open-ended theory it generates additional discussion. ii. Kant’s deontology is one of the most influential and fertile moral philosophies in modern history. Chapter 9 Instructor Notes – “Natural Law Theory: Morality is Part of Rational Nature” Cloning, Genetic engineering, designer babies. Enhancement or defect removal Natural Law Theory maintains that moral-or natural- law is grounded in rational human nature. According to Natural Law Theory “morality is universal and grounded in rational nature…the laws are unchanging and eternal…and universally knowable by all humans through reason” (272). Natural law is a teleological tradition – “it is grounded is a specific view of the purpose or goal of the natural order.” Advocated by Aristotle, (life, procreation, knowledge, and society) Acquinas, ect. Human (or manmade) laws are binding only if they are just and consistent with natural law. Many religious traditions look for a messianic age when human law will conform with natural law (273). Natural Law Ethics and Religion: A belief in God is not essential to be a natural law advocate, but natural law is often associated with religion (273). Unlike Divine Command Theory, natural law ethics does not depend on the existence of a
  • 17. personal God. Key Claims of Natural Law Theory: · Morality is found in unchanging principles of moral (natural) law in nature · Natural law is universal and applies to all humans at all times · Humans can access natural law through the use of reason · Manmade laws are authoritative only if they are just and consistent with the principles of natural law. (274). Thomas Aquinas: Catholic Natural Law Ethics: 1225-1274. We function best as humans when we are perfecting our reason. Reason has been given to humans by God and, as such, offers a vehicle for discerning natural or moral law (275). Protestant rejection: 1) but human reason is fallen and fallible, 2) it places too much emphasis on human agility, and 3) ignores the value of Christ’s sacrifice. Four Types of Laws: 1. Eternal Law – the uncreated reason of God that guides the universe as it moves toward a particular goal or end. 2. Divine Law – directs humans and other creatures to their supernatural end, which consists of a vision of God and eternal blessedness 3. Natural Law – (or moral law) – is the special way that rational creatures participate in eternal law and are thereby directed toward their earthly happiness. 4. Human Law – is at the bottom of the hierarchy of laws; it is a law, such as legislation (civil) or cultural norms, that is derived by humans from natural law. Catholic Natural Law Concept of Human Rights: “The belief in our duty to respect the intrinsic world of all humans – even those who are not ration or sentient – has made Catholic ethicists adamant in the opposition to both abortion and euthanasia, as well as stem cell research” (276). Although the church has been a powerful force in the international fight for equal human rights, it has been accused of getting this wrong by not letting woman or gay men be ordained in ministry (277). Principle of Double Effect: an action which causes a serious
  • 18. harm may be permissible if that harm is an unintended side effect of bringing about a particular good. Self-defense, hysterectomy or chemotherapy that will result in loss of a fetus if that is needed to safe the mother’s life, unintentional killing of civilians in wartime, palliative care which likely results in death. Just War Theory Jus ad bellum (just conditions for waging war) 1. War must be declared and waged by a legitimate authority 2. There must be a just cause for going to war. 3. War must be the last resort 4. There must be a reasonable prospect of success 5. The violence used must be proportional to the wrong being resisted. Jus in bello (just conditions for fighting) 1. Noncombatants should not be intentionally targeted. 2. The tactics used must be in proportion to the injury being redressed 3. Prisoners of war must be treated humanely (benevolent quarantine) Henry David Thoreau (1817 – 1862) : Natural Law Theory and Civil Disobedience What makes laws un-just: 1. Degrading to humans (slavery/segregation), or 2. It is discriminatory, or 3. It is enacted by an authority that is not truly representative, (taxation without representation), or 4. It is unjustly applied (used to punish/target specific groups) (281). Natural Law is higher than human law. Civil Disobedience is “The refusal to obey certain government or human laws for the purpose of trying to bring about a change in legislation or government policy” (282). Criteria for Civil Disobedience: 1. Only moral and nonviolent means are used to achieve its
  • 19. goals. 2. An effort is first made to bring about a change through legal means. 3. The actions are open and public. 4. Dissidents are willing to accept the consequences of their actions. Mohandas Gandhi. Martin Luther King, Jr. – deliberate violation of segregationist laws. Exercise #2 – page 286. Natural Law Theory and Contemporary Moral Issues: “Because life is good and has intrinsic moral value, natural law ethicists oppose abortion (except to save the life of the mother), capital punishment, active euthanasia, and unjust wars. On the other hand, because natural law is based on very general principles, it is open to interpretation, especially in issues such as contraception and homosexuality, where human life is not at stake. New medical technologies also present a challenge..” 287). 1. Euthanasia (p. 288) 2. Environmental Ethics (289-290) – harmonious interdependence 2. Cloning as a fertility treatment – made, not begotten (291) Critique of Natural Law Theory: 1. Not all people within the tradition agree on what is morally required. 2. Natural law theory is based on a dualistic worldview (humans are uniquely intelligent) 3. As a teleological position the end sought might override individual rights and dignity 4. There is disagreement among natural law theorists on the list of fundamental goods. Given the variability of human interests and goals is agreement on a list or fundamental goods even possible? 5. Natural law theory commits the naturalistic fallacy. Even if there are fundamental goods for which we all yearn, they derive what ought from what is. We also need reasons other than the unnaturalness of a technology to condemn to say it ought not
  • 20. happen. (293). Chapter 8 Instructor Notes – “Utilitarianism” A consequentialist tradition: the outcome or consequences of our actions are more important than our intentions. (234) Utilitarianism is particularly focused on consequences as they relate to promotion of the “greatest net happiness for all.” If the net is positive, the action is moral, and any means are acceptable. “All” includes sentient beings: beings capable of feeling pleasure and pain (234). This expands the moral community to include many non-human animals which are capable of feeling pain. Generally, the ability to feel pain and be included in the moral community is measured by how well developed the species’ nervous system is. Greatest happiness principle: “Actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness” (235). Key Claims of Utilitarianism (p 236): 1. The desire for happiness is self-evident and universal. 2. Pleasure brings about happiness; pain brings about unhappiness 3. People are naturally sympathetic and concerned with promoting the happiness of others. 4. The rightness or wrongness of an action is determined solely by its consequences. 5. An action is morally right to the extent that it promotes the happiness or pleasure of all those affected by it. 6. An action is morally wrong to the extent that it increases unhappiness or pain. 7. The moral community consists of all sentient beings. Rule-Utilitarians –v- Act Utilitiarians: Rule utilitarians are concerned with the morality of particular classes of actions, such as torturing or stealing. Act utilitarians are concerned
  • 21. with the consequences of particular actions. In other words, rule-utilitarians evaluate potential normative rules against the principle of utility or the Greater Happiness Principle to and act-utilitarians evaluate potential applied (specific situations) against the principle of utility or the Greater Happiness Principle. Bentham, Mill, and Mo Tzu: Bentham, Jeremy (1748-1832): Utilitarianism and Social Reform who developed this ethical meta-ethical theory (which is deeply focused on equality and democracy) in response to the injustices of his time (poor treatment of the working class, vast urban slums, pollution, child labor, widespread poverty – industrial revolution issues). His position: Utility provides the only source of political obligation for the state. It alone provides the test for what a law should be and which laws should be obeyed. Bottom-up focus rather than top down and regard religion as a very harmful. To arrive at the proper (moral) law, we implement the Utilitarian calculus. The calculus involves evaluating 7 criteria and their effect on all sentient beings effected. Once completed, the numeric total of pleasure units provided a definitive answer to the morality of the law. The utilitarian calculus includes: 1. Intensity – the strength of the pleasure or pain. The greater the pleasure, the higher the value. 2. Duration – the length of time of the pleasure or pain. The longer, the higher the pleasure the higher the value. 3. Certainty – the level of probability that the pleasure or pain will actually occur. 4. Propinquity – how near in time (proximate) the please or pain is likely to occur. The sooner the etter. 5. Fecundity – the extent to which the pleasure will produce more pleasure 6. Purity – a consideration of whether the pleasure will produce some pain at the same time. 7. Extent – the number of sentient beings affected by the action
  • 22. (page 242). John Stuart Mill – Godson of Bentham who reformulated utilitarianism. They were both interested in political and social reform, both disliked the influence of superstition (the Church), and both emphasized education (246). Disagreement – (influenced by Harriot Taylor). For Mill, pleasure is not the only criterion; human dignity must be respected. Principle of non-maleficence introduced (248). Mo Tzu (470 – 391 BCE): Utilitarianism as Universal Love (250 - ) Alternative to more passive Confucianism and Taoism (250). We can expand the principle of jen (love) from Confucius to apply to everyone and using this standard universally, we can achieve a world of peace and harmony. Confrontational like Socrates. He died in 391 BCE with approximately 300 followers. Utilitarianism and the Moral Community: One of the most credible elements of utilitarianism is its expansion of our concept to who counts in our moral community. Utilitarians have been in the forefront of many movements for human equality and the welfare of nonhuman animals. Contemporary Australian Philosopher, Peter Singer is largely responsible for the promotion of animal rights today. Among numerous other accomplishments, he coined the term “Speciesism.” This is the position of prejudice or bias of certain beings simply because of their membership is a specific species (usually human)(252 – 254). Note: equality of consideration is not equivalent to equality of treatment. While we respect kangaroos, we don’t give them the right to vote. The Principle of Utility in Public Policy Euthanasia: Is Death Always A Harm? – Many people believe it is appropriate, perhaps even obligatory, to mercifully and humanely kill an animal companion who is suffering and incurable. Yet, we are very torn about providing humans the same kindness. This is the central concern of the final paper for this course, so students should read Boss, 256-258 at a
  • 23. minimum to understand this issue. For utilitarians, the worth of a particular life depends only on the degree to which the pleasure of that life outweigh the pain of continued existence. Students should be able to distinguish between voluntary and involuntary euthanasia and between active and passive euthanasia. Military Conscription: Should National Service Be Compulsory? – Pages 258 and 259 discuss the utilitarian approaches to mandatory service in the military. Taxing Fattening, Non-Nutritious Foods: Should Government Tax Lifestyle Choices Pages 259-261 discuss the utilitarian approaches to taxing fattening foods. Critique of Utilitarianism: 1. The insistence on equality and impartiality is both one of its strengths and a weakness. Equality is generally regarded as a good thing, but this position may allow that those who have engaged in more productive work not be rewarded for their efforts. 2. It can violate the principle of retributive justice, which requires that people be treated fairly and that any penalties be proportioned to the misdeed. If we really wanted to deter, why not the death penalty for traffic violations? 3. The consequentialist focus fails to give sufficient attention to the integrity of the individual 4. It does not give sufficient attention to the role of moral sentiment (only autonomous reason) 5. It may be an impossible standard if we always had to act to maximize societal benefit. We would have no free time to pursue our own interests. 6. It does not require that people have any intrinsic value and that they may be treated solely as a means (similar to #3). Someone could become a scape-goat (as long as no one every learned that this may be happening). 7. Been accused of the naturalistic fallacy. While the desire for pleasure is self-evident, it does not necessarily follow that we should pursue it.
  • 24. 8. It does not allow for any consideration of anything outside of consequences, yet, we want to say that intentions do matter. 9. Positive: a. It expands our moral community b. It requires that consequences be considered c. It offers helpful guidelines for making moral decisions (happiness is so pervasive, it is right to remind us that it must be considered in moral theory). d. It serves a reminder that we should be ready to provide good reasons for our moral decisions (autonomous moral reasoning matters). Chapter 7 Instructor Notes – Ethical Egoism; Morality Is Acting in Our Best Self-Interest Gyges’ Magic Ring from Plato’s Republic – Glaucon’s position is that is more reasonable to be unjust (201). I. Ethical Egoism Explained: a. Definition: The meta-ethical theory that every person should what is in his or her best self-interest (425). It differs from ethical relativism because it is concerned with one’s self- interest. It is not the same as an egotist which is a person who is arrogant, boastful, inconsiderate, and self-centered. These actions are not necessarily in one’s best interests. i. Key Claims of Ethical Egoism 1. Individual Happiness is the greatest moral good. 2. People achieve happiness by pursuing their own rational self- interest 3. People ought to pursue their rational self-interests. We rationally (objectively) calculate what is in our own self- interest. This belief that happiness and the pursuit of self- interest is frequently seen in moral discussion, but Ethical Egoism is takes this step further, by claiming that individual happiness (rationally pursued) is all that matters (202). Epicurus –v- Hedonism: Hedonism is a philosophical doctrine
  • 25. that considers pleasure to the standard of value. Cyrenics –v- Epicurus. Bentham –v- Mill. Epicurus was an ethical Egoist (341-270 BC) who argued that pleasure as the ultimate good is “implanted in our mind by nature.” 203. Hedonism focuses on the immediate pleasures. Egoism considers long and short-term pleasures which requires a level of prudence (203). b. Thomas Hobbes; Psychological Egoism i. Hobbes (1588 – 1679): People form society for protection. We continue to live by the laws as long as it benefits us. Even acts like charity and altruism are ultimately egoistic – done when there is a payoff in return. ii. Position Explained: Psychological egoism is a descriptive theory. Although people may not always act in their rational self-interest (smoking etc), people are motivated to act in their own self-interest. People may fail don’t fail for lack of motivation, but from error and ignorance (206). iii. Limitations: On the surface, this position is airtight which is one of its primary flaws: 1. Non-falsifiable: One of the requirements of any good science. This position cannot devise any hypothetical situation that might disprove their theory. 2. Circular: It is essentially the circular position that: People are always motivated by self-interest, therefore, whatever people do must have been motivated by self-interest. 3. Motives?: Another problem is that is sometimes hard to know what our own (or others) motivation really is. When a hero acts, the psychological egoists claims that the real motive “though it may be unconscious, is self-benefit” (207). 4. Note: this is a fallacy of ignorance as well. One cannot argue that one’s conclusion is true simply because others cannot prove that there are no unconscious egoist motives. Ethical Egoists will allow that we may not always act out of psychological egoism (always self-interest), but that we should. Ethical egoists do not necessarily accept psychological egoism. Indeed, if psychological egoism is true, there wouldn’t be any
  • 26. need for the Ethical egoist moral theory (208). c. Ayn Rand; Objectivist Ethics and Rational Ethical Egoism: i. Ayn Rand (1905 – 1982). Witnessed demoralizing effects of communism and concluded that ethical egoism as exemplified by laissez-faire was the “only philosophy compatible with respect for the integrity and reality of the individual human” (209). She called her position by a slightly different name “Objectivist ethics” as she believed it was developed around the objective state of humanity. ii. Rational Egoism – Because reason is required for survival, it has moral value, and we ought to behave rationally to be moral. Humans are fundamentally solitary individuals, each pursuing his or her own personal self-interest. Society is just a collection of individuals. Her rational vitrues: 1. Be independent. Live by the work of your own mind. 2. Have integrity. Don’t sacrifice your convictions to the opinions of others. 3. Be honest. Don’t fake reality 4. Be Just. Neither seek nor give that which is unearned or undeserved (210). Altruism: Helping others is only justified if we receive something in return. Altruism and compassion kill the spirit and have left us feeling guilty and full of self-hatred (210). Altruism is immoral. Selfishness is virtuous. Distribution of Resources: An even larger issue for Rand is the non-voluntary redistribution of wealth within a country. Federal bailouts, etc. Members of the Rand institute continue to argue that prosperity for the county improves only with less government involvement. II. Ethical Egoism and Laissez-faire Capitalism: a. Definition: “Laissez-faire capitalism is an economic system based on individual freedom, the pursuit of rational and prudent self-interest, and minimal government interference” (212). b. Laissez-faire and a Free-Market Economy: Adam Smith (1723
  • 27. – 1790) laid out this approach in Wealth of Nations where everyone is allowed the freedom to pursue their own self- interest in the marketplace. Part of the beauty, he thought, is that while individuals gain wealth, they are adding to the national gross domestic product. The result would be the most efficient use of resources and society is built up as well. c. Marxist Analysis of Laissez-faire Capitalism: There is no doubt that capitalism has created nearly unfathomable wealth, but Marx would ask the question: For Whom? Marx’s position is that capitalism really only benefits a very few people at the expense of everyone else. Most people become alienated from their labor in this economy. It protects the “objective interests” (Rand) or people only by turning them into “objects” to be used by others. The gap between rich and poor has widened at an increased rate in the US since the late 1990s to a point where we are among the highest levels of economic inequality and poverty in the world. Economic inequality is increasing world-wide with the globalization of capitalism. Marx also highlighted that people’s abilities to trade skills and services in a free-market vary widely. Existing economic forces encourage people to undervalue their labor, which just adds to the cycle. The egoist’s assumption that we are all in a position to act as traders, as we noted earlier, is questionable. d. Globalization of Capitalism: According to ethical egoists, a global capitalist system will benefit both rich and poor nations. Wealth will trickle down until the poor also will be able to compete in the world market. These assurances have not been borne out. Globalization has made the divide worse. Liberation ethicists have become more adamant about the immoral, exploitive, and institutionalized harms of capitalism. Increasingly, the wealthy will have to turn to more violent means to maintain control (215). Liberation ethicists have noted that colonization has left many countries with an unfair
  • 28. disadvantage to trade in an international market (216). As the ethical egoist might predict, the need to compete has fueled mass (legal and illegal) migration (215). Marx and liberation positions criticize Ethical Egoism for not taking the dignity and humanity of individuals seriously, because the moral e. Individuals versus Social Responsibility III. Ethical Egoism and the Moral Community: a. Egoism, Self-esteem, and Moral Development – individuals are the limit of the moral community (those that have intrinsic worth – all others are objects that may be useful). b. Communitarianism – tend to put too much focus on all human activity being focused on the overall good. Yet, Ethical Egoism, tends to put too much focus on human activity being focused on individual interests. c. Self-interest and Happiness - Rand never carried out any research about the pursuits that make people happier. Recent studies (1980s) found that many commonly held assumptions about happiness are not born out by research. “The prevalent belief…that hard work and productive labor are one of the most important contributing factors to happiness; was not verified by the studies” (p.223). Higher levels of happiness were detected in people who rank social values (love, sympathy, tolerance, etc) high. IV. Critique of Ethical Egoism: a. Encourages the development of self-esteem – this is a positive thing. We need respect for ourselves to feel the moral indignation that supports moral motivation to stand up for others. b. It is self-defeating – it leads to isolation and inclusion of only ourselves in the moral community of persons with intrinsic worth. What is the point of achieving our rational self-interest if we are the only person who is willing to put up with us. c. Cannot be universalized – an Ethical Egoist would not want
  • 29. others to adopt their position as it would be easier to negotiate for one’s own self-interest if others are not protecting their self- interest. Further, since fulfilling one’s own rational self- interest is the only moral position, it is to the advantage of the Ethical Egoist to encourage others to behave immorally (not act on their own self-interest). d. Provides no guidance on interpersonal conflict – when individual people’s self-interest come into conflict they are both right (moral). There is no additional/higher law to appeal to in order to judge between these competing claims. e. It is arbitrary – “while it may be true, as Rand claims, that we cannot truly value others without first valuing ourselves, it does not follow from this that we should habitually put our interest above those of others” (p. 225). f. Like Social Darwinism, and ethical subjectivism, allows the powerful to exploit the weak. – the devastating effects of this ideology on the people and nations that are not in positions of economic power…are becoming more and more evident (p 226). Those that have had everything taken from them are not is a position to aggressively negotiate, which gives the power advantage to the wealthy. g. It fails to take into account that we are social beings who exist as part of a wider community. – It fails to recognize (or even acknowledge) the possibility that we are, at least in part, social animals who desire community. h. Ethical egoism inhibits moral development – it encourages self-interest (a pre-conventional/ childish/ ethically undeveloped position according to Gilligan) and/or a position of reciprocity – be nice to those that can benefit us and not anyone else (a pre-conventional/childish/ethically undeveloped position according to Kohlberg). i. It is based on a false premise regarding the source of happiness. – [it] “seems to be based on Western capitalists norms rather than on a transcultural description of human nature…as noted earlier, studies show that being involved in productive paid labor is not related to happiness” (p.227).