Application of ethical theories Flashcards
what is the definition of theft?
a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
what is the case study for theft?
Heinz steals the drug
- drug that MIGHT save a woman
- Cost $200 to make it and sells it for $2000 a dose
- the husband says he only has $1000
- the druggist doesn’t allow to sell it for that price, “I discovered the drug and I’m going to make money from it”
- So Heinz got desperate and broke into the man’s store and stole the drug for his wife
He could face a prison sentence
Consequences are not predictable, she may die even when having the drug
PRIMARY PRECEPTS
- ordered society
- worshipping god (‘thou shalt not steal’)
- preservation of life
explain theft according to situation ethics
- is it right to steal? can the action be justifiable? what are the foreseeable consequences?
- pragmatism- puts you before the law which says do not steal
- If a student takes a book without permission and returns it after the test it is good for you but then it deprives others and so isn’t good for others, “love is justice distributed” as it doesn’t obey “love wills the neighbour good”, positive for us but negative for others
- Fletcher would allow theft if a group of starving people needed to steal bread from a bread van and distribute it among themselves
- you must put the idea of love first, this determines whether an act is good or not
what are positives and negatives of the use of NML on the issue of theft?
positives:
- Allows for a lesser evil. The theft is the lesser evil. Kohlberg’s example of Heinz
- Takes a pragmatic and realistic approach, using reason you would commit theft if you were starving
- He doesn’t allow theft entirely, not allowed to steal a phone to make money, this would be selfish, focuses on good intentions
- Allows for some flexibility as Aquinas is Summa Theologica does talk about the issue of theft, clear guidance is given
Problems:
- Seems to go against his absolutist approach, contradictory, allowing theft and not lying
- Goes against the legalism of the bible, 10 commandments, “you shalt not steal”
what are the positives and negatives on the use of situation ethics for the issue of theft?
Positives:
- Shows personalism. Takes into account the person and their situation.
- Pragmatic. If the situation dictates theft then it would allow it, positive
- Focuses towards Jesus’ approach to love our neighbour rather than the commandment “do not steal”, puts people before rules/principles
Negatives:
- In Fletcher’s example he does not reach a conclusion. This is not helpful to a moral agent as there is no specific guidance.
- Too vague. Doesn’t give clear guidance on theft, it depends on the situation.
- Love could be used to justify any act of theft
explain the use of virtue ethics towards the issue of theft
- we must develop and allow our character to develop in order to always do virtuous acts, habituation
- In the issue of theft, Aristotle would encourage the moral agent to use their practical wisdom (phronesis) in the situation of theft
- In Nichomachean ethics he talks about the issue of theft, base actions are wrong (adultery, theft, murder), theft is a deficiency of honesty, this is dishonest, deficient of justice (unjustified) in stealing anothers property
- Aristotle is not as open to theft as Aquinas (Aquinas allows a starving man to steal to save his life)
what are positives and negatives of the use of virtue ethics for the issue of theft
Positives:
- promoting a virtuous society where people don’t allow the act of theft as it is not a virtuous act
- not contradictory like Aquinas’ usual absolutist approach, clear
Negatives:
- Aristotle is unflexible, no emotionalism
- unclear whether aristotle would allow theft in a particular situation (starvation)
- his writings on theft are limited, outdated and culturally-bound as when he discusses theft he is talking about theft between people of the same class, upper-class aristocrats
what is lying?
lying is giving some information while believing it to be untrue, intending to deceive by doing so.
lying is a form of deception but not all forms of deception are lies. It is to deceive somebody.
what are the three essential features of a lie?
1) a lie communicates some information
2) the liar intends to deceive or mislead
3) the liar believes that what they are ‘saying’ is not true
a lie does not have to be told with a bad intention. for example, white lies are an example of when a lie is told with a good intention.
what does Sisella Bok define a lie as?
“an intentionally deceptive message in the form of a statement”
what do some philosophers stretch the definition of lying to?
- doing nothing in response to a question, knowing that this will decide the questioner
- ‘living a lie’, where someone behaves in a way that misleads the rest of us as to their true nature. For example, living a double life. Canoe couple (£1 million form insurance policy, faked death)
why is lying morally wrong?
- a generally truthful world is a good thing, lying diminishes trust between human beings
- many people think that something should only be accepted as an ethical rule if it can be applied in every case (Kant- you can not universalise lying)
- it is a basic moral wrong, some things are fundamentally wrong- lying is one of them.
- it misuses the god-given gift of human communication
explain lying in the context of NML
- based on interior and exterior act and so aquinas strongly condemns lying. must follow the synderesis rule. he clearly says that lying is a sin “lying is in itself evil and to be shunned” although in the ST he says that helpful lies could be forgiven
- ordered society. society built on trust, theological virtues, secondary precept ‘do not lie’., lying in a relationship
- worship god. to worship god one must follow the 10 commandments, one is “do not bear false witness” and this law in modern society is that it now a criminal offence to lie in court. to break this law is not fulfilling god’s laws or our telos
- proportionalism. Hoose and McCormick would look at the intention of the moral agent. if the intention is to save another life then it is morally acceptable to tell a lie.also morally acceptable if value is larger than disvalue (save a life)
what are the positives and negatives of using NML for lying?
positives:
- due to deontological nad absolutist approach it means a moral agent is given consistency and clarity when it comes to moral decision making
- Aquinas argued it is ok to tell a misleading truth. Axeman scenario by Kant. It is is an exact truth without revealing the truth of where your friend actually is.
- one would agree with the proportionalist view with value and disvalue. if it means saving a life then surely it is the better thing to do.
negatives:
- it seems illogical not to tell a lie especially if someone’s life is in danger. you must be able to tell a lie in order to save one’s life due to the precept of self-preservation. as without fulfilling this yo will not be able to fulfil the other precepts.
- some would criticise the proportionalist view as it leads to the reliance on consequentialism and moral guesswork. someone would say it is dangerous to base morality on consequences as they are un predictable. tell labile to the axeman and he may not believe you so kill you both.
explain the idea of theft in accordance with NML
1) ordered society- theft contributes to this order and chaos, example of Tottenham riots, shops raided and looted causing significant damage to business
2) biblical teaching- 10 commandments to “do not steal”, god clearly prohibits theft, it is a sinful act, follow the synderesis rule
3) Cardinal/theological virtues- justice and truth
When does Aquinas allow theft?
- Summa Theologica, If you’re in imminent danger or your life is at risk then it is morally acceptable to steal according to Aquinas
- Aquinas allows it for another person, if a person is in need of it and their life is at risk, you cannot take more than you need, cannot steal from someone in the same situation as you.
what is the roman catholic church’s view on abortion?
- In the first 14 days, the embryo can divide into two and then reunite to form one, Does this mean that there is one person, two people?
- The Catholic Church errs on the side of caution and argues that from contraception, the embryo is a person
- As a result, the catholic church prohibits abortion, embryo research, freezing of embryos..
explain Judith Jarvis Thomson’s comparison to the violonist (abortion)
- She is an extreme pro-choice feminist
- In the violinist analogy, you are kidnapped and surgically hooked up to a violinist and your blood can save his life if you stay connected to him for the next 9 years
- Arguably, this is comparable to pregnancy from rape because the person did not consent to having sex
- Assuming that a foetus constitutes as a life from the moment of conception:
1) A woman still has a right to decide what happens to her body
2) A human (including the foetus) has a right to life
3) She argues that the right to life does not outweigh the right to decide what happens to your body- (right to autonomy)
why would someone disagree with what Thomson has said?
they would say the right to life is the most fundamental human right
what was Thomson’s second example of the intruder? (abortion)
- In the intruder example, a person enters a house via an open window and then claims the right to stay because he managed to get in- but you have taken reasonable precautions (contraception)
- Thomson concludes that abortion can be granted because a woman who takes reasonable steps to avoid pregnancy does not have to take responsibility for an unwanted pregnancy
what did Mary Ann Warren say on abortion?
Warren asks the question: “What characteristics entitle an entity to be considered a person (in the moral sense)?
Warren’s criteria:
1) Consciousness (of objects and events external and/or internal to the being), and in particular the capacity to feel pain
2) Reasoning (the developed capacity to solve new and relatively complex problems)
3) Self-motivated activity
4) The capacity to communicate
5) The presence of self-concepts and self-awareness
- Any being that does not possess most of 1-5 is not a human being in the moral sense.
- The more like a person a being is, the stronger is the case for regarding it as having a right to life, and the stronger its right to life is.
- There is no stage of foetal development at which a foetus resembles a person enough to have a significant right to life
- A foetus’ potential for being a person does not provide a basis for the claim that it has a significant right to life. Even if a potential person has some right to life, that right could not outweigh the right of a woman to obtain an abortion, since “the rights of any actual person invariably outweigh those of any potential person”
what are the criticisms of Warren’s work? (abortion)
If you apply Warren’s criteria this would allow you to justify the killing of new-borns, infants and coma patients.
Warren replies:
“It is certainly wrong to kill such beings just for the sake of convenience, or financial profit, or sport”
“the deliberate killing o viable new-borns is virtually never justified”