AKD - Ethics Notes.2018

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NOTES ON ETHICS p The focus of virtue ethics is what sort

of people we should strive to be, not so


Atty. Alder K. Delloro
much individual things we should do
for each occasion
Being ethical is a disposition or
p If we focus on character building, a
character that is developed over time by
person will be honest consistently
repeatedly doing good things. The
p Does not ignore actions, but regard
development of this disposition is best
them as outgrowths of a person’s
captured in a saying attributed to
character. The notion of character is
Aristotle, “One shallow does not a
the more morally important concept.
summer make.”
C. Aristotle
CONLUSION: "We are what we repeatedly do.
One swallow does not a summer make.
p Being ethical is a character that is - Aristotle
cultivated over time and in stages:
heteronomous to autonomous The character is developed by individual
responses decisions, OVER TIME.
p Ethical character produces
consistently good acts motivated by D. Acts from and Acts that Lead to
principles
p Acts that lead to the formation of
KEY POINTS: the ethical character are usually not
"mine"; they are compelled by
A. RULES-Based Ethics vs Character- outside authority, groups, rewards or
Based or Virtue Ethics MOTIVATIONS; UNFREE WILL

B. What is virtue ethics? p Acts that emanate from a mature


• Virtue Ethics explains differently why ethical character are MINE; based on
an action is right or wrong; universal principles; understanding
E.g. cheating is wrong not because: of common good;
a) of its consequences; or
b) its violation of rules;
but because it is not what a virtuous and
honest person would do


1 DELLORO
(NOTES ON ETHICS)
q Pleasure seeker
We can do the right things for the wrong q Hedonistic?
reasons shown by Kohlberg’s conclusion
that a moral agent goes through stages II. Conventional / Group-focused
of moral development. The formation of
a mature, reasonable moral agent Stage 3: Peer and Group Acceptance
entails going through stages that starts orientation (Peer, Interpersonal
with decisions from a will that decides Concordance of Good Boy or Girl)
according to self-interest and culminates
with decisions from a will that is q Approval—Group Norms
motivated by universal principles. q Loyalty—Belonging
p Pleaser: Good behavior is what
A. STAGES pleases
p Conformity with stereotypical
I. Pre-conventional / Self-Focused notions of nice
p Outsider to Society n e.g. SIR, do not complain or
p Does not play by its rules rock the boat
n Problem: We belong to many
Stage 1: Punishment; Authority Orientation groups, what happens when
q Obey or Pay there are conflicting
q Authority—Fear expectations
q Obeys rules in order to avoid
punishment Stage 4: Legalistic; Law and Order
q Right and wrong: what is not Orientation
punished and what is punished q Law and Order
q Deference to authority more than q Duty to Society
moral value "Obeys q Respect for law and authority
authority…especially if that authority because of order this brings about
has the power to inflict pain" p Law protects people's rights and
q Fear guarantee to social order
q Individuals are usually 7 and above n e.g. tendency of chaotic
society's to abide by
Stage 2: Pleasure Orientation authoritarian rule
q Self-satisfaction p From concern to a group to concern
q “What’s in it for me?” for the more abstract law
q Will do a favor only in exchange for a
favor desired: I scratch your back, III. Post-conventional / Universal
you scratch mine Focused


2 DELLORO
(NOTES ON ETHICS)
Stage 5: Common Good; Social Contract 2. Self-satisfaction
Orientation
q Standards of Society II. Conventional—Group
q Social Contract 3. Approval—Group Norms
p Moral principles defined apart from 4. Law and Order
authority of persons; persons can
challenge laws based on rationality III. Post-conventional—Universe
p Good of the many—consensus rather 5. Standards of Society
than majority rules 6. Logical Moral Principles
p "Awareness of relativism of personal
values thus deference to procedural Development to next stage
rules for reaching consensus." p Prompted by dilemmas
p Laws can be changed, social utility p Mentors DO matter
more important p Culture DOES define
p Personal freedom and common good p Cumulative and consistent actions
distinguished p One does not jump 2 stages up
n e.g. college students uprooted
from their society, alienated How do we get people to progress to
from their world of work stage 6?
p Being encouraged to see contexts
Stage 6: Universal Principles p Looking at different stakeholders
Orientation involved
q Decision of Conscience p Looking at situations from various
q Logical Moral Principles points of view.
p Self-chosen principles p Engaging in logical thinking or
p Principles measured in terms of reasoned argument rather than
logical rationality, consistency and emotional discussions.
universality p Being given the space to make moral
p Decisions based on conscience decisions and take responsibility for
p Concerned with dignity of others these.
p Thought of as an ideal, aspirational p Being exposed to moral controversy.
stage p Being exposed to arguments of
people who are at a higher reasoning
stage.
SUMMARY OF STAGES p Participating in the
creation/maintenance of a just
I. Pre-conventional—Self community.
1. Obey or Pay


3 DELLORO
(NOTES ON ETHICS)
Insights from Stages: — Moral judgments are not a matter of
p Stages develop from heteronomous personal preferences or tastes
to autonomous will and from self- — “…the morally right thing to do, in
interests to Principles any circumstance, is determined by
p Increasing "abstraction" what there are the best reasons for
doing.” Rachels, “What is Morality”
Conscientious Moral Agent (CMA)
n Impartially considers C. Impartiality, Defined
everyone’s interests. — Every stakeholder’s interest is equally
n Sifts facts/examines important
implications. — There are no special interests or
n Checks soundness of people, thus in making every moral
principles of conduct. decision, each stakeholder interest
n Revises earlier convictions. should be considered
n Acts on principles. — One must not be arbitrary.
— Decisions must be backed up by
______________________________________ good reason
“At the very least, morality requires — Every person should be treated the
reason and impartiality.” same way unless there is good reason
not to do so.
KEY POINTS:
D. Rationalization vs. Justification
A. Feelings and Reason • That rationalization is not the same
— Strong feelings emerge from our as justification.
vested interests and personal “take” • To rationalize is to make up one’s
on a case. mind without much thinking and
e.g. mother’s instinctive response when then to defend the decision with
child is threatened; leaders see many office reasons that come to mind (after the
perks as “entitlements” fact) when the decision is challenged.
— Feelings are learned. • To justify is to think of the reasons
— We are blind to them. for making a decision; choose the
— Thus, strong feelings can show only best one; and then open the decision
one side of an issue to discussion when it is challenged.
— Feelings cannot be controlled but
what we do with them is the mark of
moral maturity

B. Reason, Defined


4 DELLORO
(NOTES ON ETHICS)
• Articulating it in terms of issues and
Using the model for moral reasoning values shows the hidden values that
may not always guarantee that we do the are the reasons for actions.
right thing. The use of one’s reason is • We should choose reasons, values,
not enough to push a person to do the not primarily actions.
right thing but it helps us to respond to • There may be more solutions and
a dilemma rationally and to see the total courses of action available if we
picture. clarify first what the ethical issues
are.
KEY POINTS:
C. CONCLUSION:
A. Dilemmas • Moral deliberation does not only
• Indifference— involve reason. It is also about WILL
Moral numbness and COURAGE. These are developed
• Beware of Feelings!!!!! in stages, over time.
• The ethical decision making model
B. What is a Dilemma? makes us slow down and teaches us
• Dilemma, from Greek, means double to be rational. But in the end, this is
proposition about the will to carry out the
• A dilemma is a situation made decision. Whether we carry it out or
complex by competing possibilities not is a function of CHARACTER
or solutions. formed through time.
• An ethical dilemma is an experience • We are what we repeatedly DO
where a person is confronted with • Cognition, Will and Desire
competing values; where good and
evil are not all that apparent. Being ethical involves:
• Implies that the satisfaction of one p Cognition: To know the right and
can only be made if the other is wrong
sacrificed. n But even if I know the right
• Conflicting values does not mean thing, I will not necessarily do
conflicting OPTIONS: should I bribe it
or not. Ethics is about training reason. SURE!
• Usual reaction to a dilemma is p Volition (Will): To decide and do
immediately to posit 2 contrary the right thing even if we do not
actions always want the right thing
NOT issues, NOT values (DESIRE)

Ethics is also about training the will.


5 DELLORO
(NOTES ON ETHICS)
______________________________________ ethics. There are no standards of
Cultural Relativism in an untenable morality that cut across cultures.
position in ethics. Every standard is culture-bound.

KEY POINTS: C. Challenge posed by ethical relativism


(to business)
A. Ethical Relativism says YES!
Ethical relativism is a theory which claims The company or the business person who
that, because different societies have operates in different towns and countries
different ethical beliefs, there is no rational and who encounters societies with many
way of determining whether an action is different moral standards will be advised by
morally right or wrong other than by asking the theory of ethical relativism that in one’s
whether the people of this or that society moral decisions one should always follow
believe it is morally right or wrong. the moral standards prevalent in the society
Thinks that there are no standards that are one finds oneself. After all, since moral
absolutely true and should be applied to the standards differ and since there are no other
companies and people of all societies. criteria of right and wrong, the best one can
Instead, relativism holds that something is do is to follow the old adage “When in
right for the people in one particular society Rome, do as the Romans do.”
if it accords with their moral standards, and
wrong for them if it violates their moral D. Objections to Theory of Ethical
standards. Relativism
Manuel G. Velasquez, Business Ethics:
Concepts and Cases (New Jersey: Prentice The Challenge of Cultural Relativism
Hall, 1998), 22 (James Rachels)

B. What ethical relativism comes down • It rests on an invalid argument;


to: Different cultures have different moral
codes/beliefs. What is considered right • It has consequences that make it
within one group may be utterly implausible on its face (Under APA
unacceptable to the members of another PowerPoint Lecture, there are three
group. objections which fall under this
category: 1.) We criticize other
THEREFORE: What is moral is relative to a
cultures; 2.) Under the Practices are
particular culture. There is no objective
usually shared values; and 3.) We
truth in ethics.
talk about moral progress); and
• It would be naive and mythical to
think that there is universal truth in


6 DELLORO
(NOTES ON ETHICS)
• The extent of cultural • Ethical Decision making however is
disagreement is far less than what multi-stakeholder, interdisciplinary.
it implies • Systemic point of view: ability to see
problems, issues in the context of a
network of organizations or relations
______________________________________ and interrelated issues.
Ethical issues arise at the level of the
individual, the organization, and the
system. There are different principles that may
be used for ethical decisions:
KEYPOINTS: utilitarianism, rights, and justice.

A. LEVELS OF DILEMMAS A. What is a framework?


• Individual: problem involves my • Frame: a structure that surrounds
values and my relation to the and holds something
organization, e.g. conflict of e.g. "to frame a scene," the frame of a
commitments door
• Organizational: problem involves • Framework: "a basic structure
organization—its structure, culture, underlying a system…;"
values. The problem of leaders e.g. • Conceptual framework: preferred
prima donna top-earners, political approach to an idea; puts coherence
intervention in running of business to data at hand
• Systemic: problem involves not only
the organization but also different B. Ethical Framework
institutions with interlocking
interests e.g. how to counter • Utilitarian
dominant hierarchical culture in • Rights
health industry, favored suppliers • Fairness and Justice
and interlocking boards
Many of us use or see ethical problems or
B. SYSTEMIC VIEWPOINTS IN ETHICS dilemmas using one or the other, usually as
• The tendency to take on either a a matter of habit or due to "group think."
legalistic or compliance perspective
or professional or a narrow C. UTILITARIANISM
specialization-specific perspective. *
professionalism is about the oath, Jeremy Bentham (1748-1832)
responsibilities of the professional "the greatest good for the greatest number."


7 DELLORO
(NOTES ON ETHICS)
“Utilitarianism:” general term for any view -Theory's fundamental idea: to determine
that holds that actions and policies should whether an action would be right, we look at
be evaluated on the basis of the benefits and results of doing it.
costs on society. The “right” action or policy -The claim against utilitarianism is that
is the one that will produce the greatest net more than consequences are required to
benefits or the lowest net costs. determine the morality of an action or
decision.
"…utilitarianism is a moral principle that
holds that the morally right course of action F. RIGHTS
in any situation is the one that produces the
greatest balance of benefits over harms for What is a right?
everyone affected. So long as a course of A right is a justified claim
action produces maximum benefits for on others.
everyone, utilitarianism does not care e.g. Right to worship
whether the benefits are produced by lies, Me: I have a right to practice my
manipulation, or coercion." religion
Markkula Ethics Center, Others: They should respect my
http://www.scu.edu/ethics/publications/iie/ practice and leave me alone
v2n1/calculating.html
G. What justifies the right?
D. STEPS in Utilitarianism
1. Identify courses of action • The right is justified by standards
2. Determine, in so far as possible, all that a group, of which I am an
benefits and harms that would result acknowledged member, agrees on.
from each action, for all stakeholders
who could in all probability be affected H. The concept of a right
by each option.
Legal right - derives from a legal system
3. Choose the course of action that
that permits or empowers the person to act
provides the greatest benefits after the
in a specified way. For example, the
costs have been taken into account.
Philippine Constitution guarantees all
citizens the “right to freedom of speech.”
E. Critical Evaluation of “Utilitarianism”

Moral right - derives from a system of


« How do you compare different
moral standards independently of any
values? Money? Honor? Happiness?
particular legal system. Moral rights are
« Utilitarianism ignores rights and
usually thought of as universal in nature -
justice.
that is, they apply to all human beings
« Are Consequences all that matter?
regardless of nationality or jurisdiction. For


8 DELLORO
(NOTES ON ETHICS)
example, the right to work is considered a Distributive Justice: is concerned with the
moral right of everyone. fair distribution of society’s benefits and
burdens.
I. The concept of a moral right
Retributive Justice: refers to just
Important features of moral rights:
imposition of punishments and penalties
1. MORAL RIGHTS are tightly correlated
upon those who do wrong.
with duties. Duties are generally the other
side of moral rights. For example, my right
Compensatory Justice: concerns the just
to work implies the government’s duty to
way of compensating people for what they
make jobs available to the people.
lost when they were wronged by others; a
2. MORAL RIGHTS provide individuals with
just compensation is one that in some sense
autonomy and equality in the free pursuit of
is proportional to the loss suffered by the
their interests. For example, the right to
person being compensated.
worship as I choose implies that I am free to
pursue this interest as I personally choose.
L. Distributive Justice
No one can dictate to me how I ought to
worship.
We need to examine different views on the
kinds of characteristics that may be relevant
J. JUSTICE AND FAIRNESS
when determining who should get what, i.e.,
the “material” principle of justice.
Defined:
How do we determine distribution?
"Justice and fairness are essentially
comparative. They are concerned with the
M. (1) Justice as Equality: Egalitarianism
comparative treatment given to the
members of a group when a) benefits and “Every person should be given exactly equal
burdens are distributed, b) when rules and shares of a society’s or a group’s benefits and
laws are administered, c) when members of burdens.”
a group cooperate or compete with each
other, and d) when people are punished for Û Basis: All human beings are equal in
the wrongs they have done or compensated some fundamental respect and that, in
for the wrongs they have suffered." virtue of this equality, each person has an
Velasquez, 85 equal claim to society’s goods.

K. 3 General Categories of Justice Û Criticism: There is no quality that


human beings possess in precisely the same
degree: Human beings differ in their
abilities, intelligence, virtues, needs, desires,


9 DELLORO
(NOTES ON ETHICS)
and in all their other physical and mental conditions whereas the rest have much
characteristics. more than what they need.

Egalitarians ignore some characteristics that SUMMARY:


should be taken into account in distributing
goods: need, ability, and effort. • Utilitarianism: “the Greatest good for
the greatest number”
N. (2) Justice Based on Contribution:
Capitalist Justice • Rights: Give to each what he is
entitled
Benefits should be distributed according to
the value of the contribution the individual
• Justice and Fairness: Fair
makes to a society, a task, a group, or an
distribution, fair input, fair process
exchange.
______________________________________
Productivity: The better the quality of a
person’s contributed product, the more he
“We are what we repeatedly do…
or she should receive.
One swallow does not a
Problem: summer make!”
(a) This basis ignores people’s needs; & - ARISTOTLE
(b) It is difficult to place any objective
measure on the value of a person’s product,
especially in fields like the sciences, the arts,
entertainment, education, theology, etc.

O. (3) Justice Based on Needs: Social


Justice

Benefits should be distributed according to


the basic needs of the individuals in a
society so that a more or less “even playing
field “ is achieved

The assumption is there are basic needs


necessary to have a semblance of human
life. A humane society should not allow its
poorest members to live in sub-human


10 DELLORO
(NOTES ON ETHICS)

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