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Introduction to

Ethical Theories A Procedural Approach

Introduction to

Ethical Theories A Procedural Approach

Douglas Birsch Shippensburg University

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Copyright © 2014 by Douglas Birsch

10-digit ISBN 1-4786-0670-3 13-digit ISBN 978-1-4786-0670-3

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Printed in the United States of America

7 6 5 4 3 2 1

For my ethics students past, present, and future

and for my daughters, Kathryn and Jocelyn

Contents

Preface xiii

1 Beginning to Think about Ethics 1Ethical Questions 1 Ethical Theories and Moralities 3 Moral Agents 5 Moral Significance and Moral Equality 6 A Shared Ethical Presupposition 8 A Legitimate, Secular, Rational Morality 8

Morality Based on Society 8 Morality Based on Happiness 9 Morality Based on the Unconditional Good 10 Morality Based on the Intrinsic Moral Value of Individuals 11 Morality Based on the Universal Human Goal 12

Two Contrary Views 12 Conclusion 14 Questions for Review 14 Notes 15

2 Ethical Relativism 16The Starting Point—Humans Are Social Beings 16 Morality and the Law 17 Different Moralities in Different Societies 17

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Descriptive Relativism 18 Ethical Relativism 18

The Anthropological Version of Ethical Relativism 20 The Common Version of Ethical Relativism 22

Moral Significance and Moral Equality 23 The Ethical Relativist Ethical Procedure 24 Two Cases for Evaluation 25

Academic Dishonesty 25 Unauthorized Copying of Software 26

Strengths and Weaknesses of Ethical Relativism 28 Descriptive Relativism 28 Social Success 29 Clarity, Simplicity, and Intuitive Correctness of the Theory 30 A Final Weakness: Inadequate Support 33

Conclusion 34 Questions for Review 35 Additional Assignments 36 Notes 36

3 Emotivism 37The Starting Point: People’s Emotional Reactions 37 Emotivism 38

Descriptive and Emotive Meanings 39 Two Aspects of Ethical Expressions 40 Making Moral Evaluations with Emotivism 41

Moral Significance and Moral Equality 43 An Emotivist Ethical Procedure 43 Two Cases for Evaluation 44

Academic Dishonesty 44 Unauthorized Copying of Software 46

Strengths and Weaknesses of Emotivism 47 Moral Disagreement 47 Moral Certainty 48 Stevenson’s Ideas about Language 49 A Final Weakness: Any Action Can Be Ethical 50

Conclusion 51 Questions for Review 52 Additional Assignments 53 Notes 53

4 Ethical Egoism 54The Starting Point: People Are Self-Interested 54 Ethical Egoism 56 Moral Significance and Moral Equality 58 The Ethical Egoist Ethical Procedure 59

Contents — ix

Two Cases for Evaluation 62 Academic Dishonesty 62 Unauthorized Copying of Software 66

Strengths and Weaknesses of Ethical Egoism 69 Happiness 69 Certainty about the Ethical Evaluations 69 Living Successfully 71 A Final Weakness: Moral Significance 72

Conclusion 73 Questions for Review 74 Additional Assignments 75 Notes 75

5 Utilitarianism 76The Starting Point: Happiness 76 Act Utilitarianism 77

Jeremy Bentham and Utilitarianism 77 Bentham’s Utilitarian Calculations 79

Moral Significance and Moral Equality 82 Rule Utilitarianism 83 The Act Utilitarian Ethical Procedure 85 Two Cases for Evaluation 87

Telling a Lie 87 Unauthorized Copying of Software 90

Strengths and Weaknesses of Act Utilitarianism 94 Happiness 94 Observations and Calculations 94 Confidence in Moral Evaluations 97 A Final Weakness: Unreasonable Moral Demands 98

Conclusion 99 Questions for Review 100 Additional Assignments 101 Notes 101

6 Immanuel Kant’s Theory 103The Starting Point: Unconditional Good 103 Immanuel Kant’s Ethical Theory 104

The Moral Law 106 The Categorical Imperative: The Formula of Universal Law 107 The Categorical Imperative: The Formula of the End in Itself 109

Moral Significance and Moral Equality 112 The Kantian Ethical Procedure 113 Two Cases for Evaluation 114

Telling a Lie 114 Unauthorized Copying of Software 116

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Strengths and Weaknesses of Kantian Ethics 117 An Unconditional, Universal, and Permanent Morality 117 The Focus on Moral Rules 118 Following the Moral Law is Rational 121 A Final Strength: Moral Equality 122

Conclusion 123 Questions for Review 123 Additional Assignments 124 Notes 125

7 Moral Rights Theory 126The Starting Point: The Intrinsic Value of Persons 126 Moral Rights 128 Moral Rights as Claim-Rights 129

Parts of Claim-Rights 130 An Adaptation of the Theory of Claim-Rights 130

Basic Rights 131 The Right to Life 132 The Right to Security of Person 133 The Right to Liberty 135 The Right to Property 137 The Right to Privacy 138 Are Basic Rights Equally Important? 140

Who Has Moral Rights? 140 Justifying Moral Rights 141 Moral Significance and Moral Equality 143 The Moral Rights Ethical Procedure 143 Two Cases for Evaluation 144

Telling a Lie 144 Unauthorized Copying of Software 146

Strengths and Weaknesses of the Moral Rights Ethical Theory 147

An Unconditional and Universal Morality 147 Intrinsic Value of Persons 148 Focus on the Essential Aspects of Persons 150 A Final Strength: Moral Equality 151

Conclusion 151 Questions for Review 152 Additional Assignments 153 Notes 153

8 Aristotle’s Ethical Theory 155The Starting Point: The Human Good 155 Aristotle’s Theory 156

Moral Virtues 158

Contents — xi

Immoral Actions and Passions Not Related to Excess or Deficiency 161

Intellectual Virtues 162 Excellence, Character, and Action 162

Moral Significance and Moral Equality 163 The Aristotelian Ethical Procedure 164 Two Cases for Evaluation 165

Telling a Lie 165 Unauthorized Copying of Software 166

Strengths and Weaknesses of Aristotle’s Ethical Theory 168 A Teleological Theory 168 Character, Virtues, and the Good Life 170 A Theory Consistent with Human Life 172

Conclusion 173 Questions for Review 174 Additional Assignments 175 Notes 175

9 Feminine and Feminist Ethics 177The Starting Point for Feminine Ethics: Relations between People 177

Carol Gilligan and Feminine Moral Language 178 Lawrence Kohlberg’s Stages of Moral Development 178 Carol Gilligan’s Levels of Moral Development 179 Criticisms of the Kohlberg/Gilligan

Approach to Moral Reasoning 180 Nel Noddings’ Ethics of Care 182

Ethical Caring 182 The Ideal Picture of a Caring Person 185 The Limits of Ethical Caring 185

Moral Significance and Moral Equality 187 An Ethical Procedure Consistent

with Noddings’ Approach 187 Two Cases for Evaluation 189

Telling a Lie 189 Unauthorized Copying of Software 191

Strengths and Weaknesses of Noddings’ Ethics of Care 192

Focus on Relations 192 Special Treatment for the Cared-For 193 Effective Ethical Action 194

Concluding Thoughts on Feminine Ethics 196 Feminist Ethics 196 Conclusion 199 Questions for Review 200 Additional Assignments 201 Notes 201

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10 The United Nations Human Rights Morality 203A Morality with a Different Source 203 The United Nations and Its Objectives 204 The United Nations Charter and Human Rights 205 The United Nations Universal

Declaration of Human Rights 206 Political Rights 206 Economic and Social Rights 207 Third-Generation Human Rights 207 Status of the Universal Declaration 207

The United Nations Rights as Moral Rights 208 The Elements of Human Rights 209

The Justification of the Universal Declaration’s Rights 211

Human Rights Covenants, Conventions, and Additional Treaties 213

Additional Human Rights Treaties 215 Effectiveness of the United Nations

Morality and the Human Rights Laws 216 The United Nations 216 The International Criminal Court 218 Regional Human Rights Organizations 219 Nongovernmental Organizations 220

Conclusion 221 Questions for Review 222 Notes 223

Appendix One: Cases Used in the Text 225

Appendix Two: The Universal Declaration of Human Rights 229

Glossary 235 Index 239

Preface

Introduction to Ethical Theories: A Procedural Approach is an introduc- tion to some of the main ethical theories that have been developed in Western philosophy. It is designed as a textbook for any ethics course that requires knowledge of ethical theories, including introduction to ethics, ethical theories and problems, contemporary moral issues, business eth- ics, computer ethics, environmental ethics, health care ethics, and media ethics. It provides the theoretical framework and the procedures neces- sary to solve moral problems in a wide variety of areas.

Chapter 1 identifies and explains the concepts needed to understand ethics and ethical theories. In addition, it discusses the attempt by West- ern philosophers to create a legitimate, secular morality. Chapter 1 also introduces the eight theories investigated in the text.

Strategy and Organization This text investigates eight ethical theories using a purposeful and

orderly approach. The theories included are ethical relativism, emotiv- ism, ethical egoism, utilitarianism, Immanuel Kant’s ethical theory, the moral rights ethical theory, Aristotle’s ethical theory, and Nel Noddings’ feminine approach to ethics. The strategy is purposeful because each chapter’s goal is to arrive at a procedure that will allow someone to solve particular moral problems.

The text’s approach is orderly in that each chapter utilizes the same progression or sequence.

• Each chapter begins with a discussion of the ethical theory’s start- ing point for a legitimate morality. This starting point identifies the

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focus of the theory and usually leads to a moral rule or principle that differentiates between good and bad, or right and wrong. Iden- tifying the starting point helps people understand the theory as well as recognize how it differs from other theories.

• The second section of each chapter summarizes the theory itself, including a discussion of the reasoning and conclusions that are crucial to it.

• The third part identifies the theory’s view of morally significant actions and beings, and its view on moral equality.

• The fourth section presents and explains the theory’s procedure for solving moral problems.

• The next section illustrates the procedure for solving moral prob- lems by applying it to two cases. One of these cases is either a situa- tion involving a person committing academic dishonesty or someone telling a lie, while the other case involves a person mak- ing an unauthorized copy of a copyrighted software program. The latter case was selected for inclusion in every chapter because vio- lating copyright laws is arguably the most common example of law breaking in American society, whether photocopying books or arti- cles, or copying CDs, DVDs, MP3s, or software. Consistent use of a case that so clearly involves violating the law will highlight the dif- ference between legal and moral judgments. Moreover, it will make the procedural discussions more relevant and perhaps more inter- esting. The three cases selected for in-depth discussion involve everyday issues rather than social/political issues like capital pun- ishment, physician-assisted suicide, and war. This decision was motivated by the thought that most readers would find the every- day moral problems more relevant to their lives. However, the “Additional Assignments” section of each chapter provides an assignment related to a sociopolitical issue.

• The next-to-last section in each chapter discusses the strengths and weaknesses of the particular theory.

• Every chapter ends with a short summary of its main points. • All chapters are supplemented by questions for review and addi-

tional assignments.

The final chapter investigates the international human rights moral- ity articulated in the United Nations’ 1948 Universal Declaration of Human Rights. Variations of the human rights morality are widely used in today’s world, not only by the United Nations but also by a variety of other associations and organizations. These include associations of nations, such as the European Union; national governments, such as the United States; international organizations, such as the International Crim- inal Court; and nongovernmental organizations, such as Amnesty Inter-

Preface — xv

national. This chapter’s organization is different than the others because its purpose is to summarize the history of the United Nations’ version of the human rights morality and briefly discuss how it is used in the world. This chapter helps establish the idea that morality can be more than something that is learned in an ethics class or a set of personal rules to guide one’s life. It can also be a practical tool to regulate the behavior of nations and help the world become more peaceful and more economi- cally and socially successful.

The text contains two appendices. Appendix 1 contains the three cases that are used for in-depth application of the ethical procedures. Appendix 2 provides the text of the United Nations Universal Declaration of Human Rights, which is discussed in Chapter 10.

The Ethical Theories The text includes extended discussions of eight answers to the ques-

tion: how should people live? These answers are identified in relation to ethical theories or sets of related ideas that explain how people ought to live. Most of the ethical theories in the book provide moral rules or princi- ples. These rules and principles can act as guides to ethical conduct and can be the foundation for creating ethical procedures that can be used to solve ethical or moral problems.

One thesis of this text is that there are different ethical theories and different sets of moral rules because moral philosophers begin from dif- ferent ethical starting points. If, for example, one philosopher asserts that ethics and the search for a legitimate set of moral rules must be based on the beliefs of an actual society, while another thinker claims that ethics and a legitimate set of moral rules must be grounded in particular peo- ples’ emotional reactions, one should expect those philosophers to arrive at very different ethical theories and sets of moral rules. The eight ethical theories in this book originate from eight different starting points. Ethical relativism begins with the fact that humans are social beings. Emotivism starts with people’s emotional reactions. Ethical egoism is grounded in the fact that almost all people are self-interested. Utilitarianism originates with the idea that all persons want to be happy. Immanuel Kant’s ethical theory commences with the concept of the unconditional good. The moral rights theory is predicated on the intrinsic value of persons. The founda- tion for Aristotle’s ethical theory is the human good. Finally, Nel Nod- dings’ feminine approach to ethics begins with the idea that ethics must be connected to relationships between people.

Another thesis of this book is that, based upon a particular ethical theory’s procedure, there will be a correct solution to a moral problem. Therefore, it attempts to refute the widely held opinion that there are no correct solutions to moral problems. Different theories produce different moral rules and principles, which lead to different ethical procedures,

xvi — Preface

and which may produce contrasting solutions to moral problems. How- ever, while different theories may lead to contrasting solutions, for a par- ticular ethical theory and its specific ethical procedure there is a correct solution to a moral problem.

The eight ethical theories discussed were chosen for two main rea- sons. First, most of them are commonly found in other introductory texts. The exceptions to this are the moral rights theory and Nel Noddings’ feminine approach. The discussion of the moral rights theory proved nec- essary because it is an important preliminary for the final chapter’s pre- sentation of the United Nations human rights morality. In addition, the moral rights theory is very similar to Kant’s ethical theory, which is one of the most important ethical theories. Many students, however, find Kant’s terminology and approach abstract and difficult. Including the moral rights theory allows students to investigate a theory that is similar to Kant’s, but which uses more familiar language and is easier to under- stand for many students. Nel Noddings’ approach to ethics was included because it provides a thought-provoking challenge to the more traditional ethical theories found in the text. Moreover, many introductory ethical theories texts are beginning to include a feminine ethical orientation and I regard Nel Noddings’ approach as the clearest and most comprehensive.

The second reason for choosing these eight theories is that I have suc- cessfully presented all of them in the classroom. This book is primarily meant to be a textbook and I hope that it will be a successful one. There- fore, I have limited the selection to ethical theories that students have actually found interesting and understandable.

The ethical theories in this book are all secular in nature. The book was intended to discuss theories that could conceivably appeal to anyone. In contrast, religious moralities are compelling only to those people who have accepted the relevant fundamental religious beliefs. Also, this text focuses on reasoning and procedures, while the acceptance of fundamen- tal religious beliefs seems ultimately to be a matter of faith and not solely a product of reason. For these reasons, religious moralities such as the Divine Command Theory were excluded.

Ways to Use this Book Introduction to Ethical Theories: A Procedural Approach can be used in

one of two main ways. First, the material can be assigned at the beginning of the course to provide students with the vocabulary, concepts, ethical theories, moral rules, and procedures needed in order to evaluate moral issues and problems. Instructors using it for a more specific applied course, such as media ethics, may want to employ the text in this way in order to prepare students for the discussion of moral problems related to the media. Those instructors may choose to cover only certain chapters and theories. In media ethics, for example, most media-related issues and

Preface — xvii

cases are discussed in relation to self-interest (ethical egoism), the benefit and harm to those affected (act utilitarianism), human rights (moral rights theory), and the goals or purposes of those involved (teleological ethics, such as Aristotle’s ethical theory).

A second strategy for using the book is to discuss Chapter 1 and then pair each subsequent chapter and ethical theory with the investigation of a particular moral issue or problem. The instructor might choose as the complementary issues the sociopolitical problems presented in the addi- tional assignments. For example, the discussion of utilitarianism might be paired with the issue of whether people have an obligation to donate their money and time to charities. As another example, the investigation of the moral rights theory could be illustrated with an exploration of the abortion issue. Whichever strategy is used, my goal is to make your class- room experience a successful one.

Acknowledgments I would like to thank all the people at Waveland Press who helped

bring this book to fruition, especially my editor, Laurie Prossnitz. Debi Underwood did the prepress composition and Peter Lilliebridge was the typesetter. Diane Evans first contacted me about publishing with Wave- land and provided invaluable guidance at the beginning of the project. Neil Rowe has provided support and advice. At Shippensburg Univer- sity, a special thank you is due to Dr. Charles Loucks, who did the initial editing of the manuscript. Janice Reed, our department secretary, pro- vided assistance in many ways. At home, my wife Ellen read parts of the manuscript and made many valuable suggestions about the content.

Beginning to Think about Ethics

 Ethical Questions How should I live my life? This is a question many people ask them-

selves. It is an important question for many of them because they want to live good lives. They understand that they have only one life to live and they want to live it well. Ethics, in one sense, is an intellectual disci- pline that assists us in answering the question about how one should live his or her life. Yet, someone might ask how an intellectual discipline can help a particular person answer such a personal question. Many moral philosophers believe that an understanding of ethics can assist people in answering the question because they claim that there is one basic answer that is appropriate for everyone. For example, some philos- ophers argue that the ethical way for people to live is to try to create more happiness than unhappiness for everyone affected by their actions. As people go about their lives, they ought to keep this guideline in mind and always try to follow it. The answer would be appropriate for every- one and thus it could help any individual answer the question about how to live. Can thinkers who study ethics really produce a convincing answer to the question about how to live? Many philosophers believe they have answered the question and this book will explore some of those answers.

The intellectual discipline of ethics has many aspects. Moral philoso- phers investigate morally significant actions, choices, decisions, values, beliefs, commitments, and other important aspects of moral life. They hope to learn how we ought to make morally significant decisions, as well as what decisions we should make. These thinkers explore whether

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all people in precisely the same situation should make the same decision, or whether there is something about individual people that should lead them to decide differently. They also strive to learn about life in general. For example, they want to know if there is one good life that we should all be living. Moral philosophers seek to understand the nature of moral obligation and moral responsibility. For example, when is a person obli- gated to do something, and when is it simply good to do something, but not an obligation? When can a person be held morally responsible for an action, and what follows such attributions of moral responsibility? Moral philosophers also investigate distinctions between morally significant and morally insignificant actions, as well as between morally valued and unvalued beings. The many aspects of ethics make it a challenging and interesting discipline.

In a broader sense, ethics is the investigation into how people ought to live.1 In this sense it is not an intellectual discipline, but rather an exploration that anyone can undertake, and many people do, whether or not they realize it. People who have thought about how to live their lives are already involved in ethics in this sense. Moral philosophers believe that this everyday investigation can be improved by studying the intel- lectual discipline. People’s thinking about how to live their lives is sometimes incomplete, inconsistent, or simply muddled. Exposure to ethics as an intellectual discipline would clarify their thinking, accord- ing to moral philosophers.

What should I do in this situation? A person’s life is made up of countless actions, choices, decisions, commitments, dilemmas, problems, and so on. Many thinkers believe that ethics is a source of guidance with particular decisions and problems, as well as assisting with the general question about how to live. One strategy is to take the general moral posi- tion and then investigate how best to apply it to a particular decision or problem. As stated earlier, some moral philosophers believe that the ethi- cal way for people to live is to try to create more happiness than unhappi- ness for everyone affected by their actions. This general position can be applied to specific cases or issues. For example, if Maria is trying to decide whether to lie or tell the truth to John in a particular situation, she should think about which action would produce the greatest happiness for her, John, and anyone else who would be affected. She should con- sider the potential outcomes of lying and determine whether the lie’s con- sequences would actually produce more happiness for the people affected by it. If it did, then it would be the right thing to do. Can the application of a general ethical principle produce a convincing answer to the question of what to do in a particular situation? Again, philosophers believe their investigations have produced rules or guidelines that help people determine the right thing to do in particular situations. This book will discuss these guidelines and create procedures based upon them that can be used to decide what is ethical in a particular case.

Beginning to Think about Ethics — 3

What is the purpose of ethics? If ethics is the intellectual discipline that assists us in answering the question about how to live, then its purpose is to answer that question. Many people want the question answered because they want to live well and for their lives to be praiseworthy. If, however, they are to live well and their lives are to be praiseworthy, they must live successfully with other people. Thus, we can say that a more specific purpose of ethics is to help us live successfully with other people.2

Living well also means having successfully decided what to do in most of the difficult situations that one has faced. Therefore, another more specific purpose of ethics is to resolve difficult situations or solve moral problems. For example, the situation mentioned earlier presents a moral problem. Maria wants to know if lying to John is the right thing to do. This is an example of the kind of specific moral problem that ethics should enable people to solve. Of course, there are other problems of greater conse- quence. Assume that an unmarried college student has become pregnant. She believes that having a baby at this time will ruin her life and make all her goals impossible to achieve. What is the right thing for her to do? Should she have an abortion, give birth to the baby and put it up for adop- tion, or keep the baby and change her life goals? Ethical problems need solutions and ethics should provide them. An essential feature of this book is that it provides ethical procedures for solving specific ethical problems.

Where should thoughtful people start their investigation into how to live? Moral philosophers are usually orderly people. They try to start at the beginning or as close to the beginning as one can get. One way to begin is to learn some of the basic terms and concepts that moral philoso- phers use. These terms and concepts have been discussed by various thinkers for thousands of years. People who have not studied ethics have a little catching up to do.