Ethics chapter 9 Flashcards
Collective responsibility
The responsibility of a collection of people.
Problem of many hands
The occurrence of the situation in which the collective can reasonably be held morally responsible for an outcome, while none of the individuals can be reasonably held responsible for that outcome.
Distribution of responsibility
The ascription or apportioning of (individual) responsibility of various actors.
Moral fairness requirement
The requirement that a distribution should be fair (just). In case of passive responsibility, this can be interpreted as that a person should only be held responsible if that person can be reasonably held responsible according to the following conditions: wrong-doing, causal contribution, foreseeability, and freedom of action. In terms of active responsibility it can be interpreted as implying that persons should only be allocated responsibilities that they can live by.
Effectiveness requirement:
The moral requirement that states that responsibility should be distributed that the distribution has the best consequences, that is, effective in preventing them.
Liability
Legal responsibility: backward looking responsibility according to the law. Usually related to the obligation to py a fine or repair or repay damages.
Moral responsibility vs legal liability
Moral responsibility:
- Moral blameworthiness based on conditions of wrong-doing, causality, freedom and foreseeability.
- Can be established more informally; you can also consider whether you are yourself responsible.
- Not necessary connected to punishment or compensation - Backward and forward looking
Legal liability:
- Based on conditions formulated in law
- Established in well-regulated procedure in court; juridical proof of conditions required.
- Usually implies obligation to pay a fine or to repay damages.
- Backward looking
Regulation
A legal tool that can forbid the development, production or use of certain technological products, but more often it formulates a set of boundary conditions for the design, and use of technology.
Negligence
Not living by certain duties. Negligence is often a main condition for legal liability. In order to show negligence for the law usually proof must be given of a duty owed, a breach of that duty, an injury of damage, and a causal correction between the breach and injury or damage.
Duty of care
The legal obligation to adhere to a reasonable standard of care when performing any acts that could foreseeably harm others.
Strict liability
A form of liability that does not require the reason to be negligent.
Product liability
Liability of manufacturers for defects in a product, without the need to
proof that those manufacturers acted negligently.
Development risks
In the context of product liability: Risks that could not have been foreseen given the state of scientific and technical knowledge at the same time the product was put into circulation.
Corporate liability
The principle that the liability of shareholders for the corporations debts and obligations is limited to the value of their shares.
Hierarchical responsibility model
The model in which only the organization top level of personnel is held responsible for the actions of (people in) the organization