Ethics + The Law

Question 1

Rights

Answer 1

Entitlements to perform certain actions or be in certain states, or entitlements that others perform certain actions or be in certain states

Question 2

What 3 things do you think about when someone makes a claim?

Answer 2

1. What is it’s basis?
2. What are the reasons for meeting it?
3. What are the reasons for not meeting it?

Question 3

What are the 3 components of a rights claim?

Answer 3

SUBJECT = right-holder
OBJECT = duty-holder/who the right is held against
CONTENT = what the right is to

Question 4

Claims

Answer 4

Rights that assert an entitlement to something from another party (entitles duties to others)

Question 5

Privileges

Answer 5

Sphere of freedom within which subject can decide how to act (liberty - not entailing duties on others)

Question 6

Powers

Answer 6

Ability to alter portfolio of claims/privileges you or others have

Question 7

Immunities

Answer 7

Sphere of freedom within which subject can be assured that no-one can exercise power

Question 8

What are the 3 types of value

Answer 8

Instrumental (useful for a purpose)
Subjective (value because it is in fact valued)
Intrinsic (value because of their level of accomplishment, certainty in their worth, in and of themselves)

Question 9

What is the absolutist view of the sanctity of life?

Answer 9

That there is never any circumstance that you can act to shorten life + the SoL does not compete with other values (absolute moral requirement)

Question 10

What is the Prima Facie view of the sanctity of life?

Answer 10

Strong presumption against ending life but leaves open the possibility that it may be over-ruled in some circumstances (less demanding + competes with other values)
= belief that life-shortening acts not always morally wrong

Question 11

What are the weighing principles at the end of life?(5)

Answer 11

Prognosis
Disease stage - indicative of their welfare
Suffering - can it be alleviated
Autonomy - how truly autonomous is this person’s wish to die + whether they understand/are competent
Means - euthanasia, withholding care, withdrawing treatment

Question 12

Futility

Answer 12

Incapable of producing any result and failing of the desired end through intrinsic defect

Question 13

FUTILITY TYPES -
Quantitative I
Quantitative II
Qualitative

Answer 13

Quantitative I = IMPOSSIBLE. No chance of treatment providing any positive physiological change
Quantitative II = LOW PROBABILITY. Can conceivably cause positive change but very unlikely
Qualitative = probability that it will deliver benefit but benefit only SMALL + OUTWEIGHED by associated disbenefits

Question 14

What are the 4 components of the doctrine of double effect?

Answer 14

1. The act must be good, or at least morally neutral
2. The agent only intends the good effect + even if the bad effect can be foreseen it must not be intended
3. The bad effect must not be the means to the good effect
4. The good effect must outweigh the bad effect

Question 15

What are the three main problems with the DDE?

Answer 15

1. Intentions - what is intended + what can be foreseen. What is the moral character of the action
2. Description - whether changing the description can affect conclusions
3. Responsibility - whether we are only responsible for the intended actions + whether the DDE implies responsibility

Question 16

What are the weighing principles at the end of life?(5)

Answer 16

Prognosis
Disease stage - indicative of their welfare
Suffering - can it be alleviated
Autonomy - how truly autonomous is this person’s wish to die + whether they understand/are competent
Means - euthanasia, withholding care, withdrawing treatment

Question 17

Futility

Answer 17

Incapable of producing any result and failing of the desired end through intrinsic defect

Question 18

FUTILITY TYPES -
Quantitative I
Quantitative II
Qualitative

Answer 18

Quantitative I = IMPOSSIBLE. No chance of treatment providing any positive physiological change
Quantitative II = LOW PROBABILITY. Can conceivably cause positive change but very unlikely
Qualitative = probability that it will deliver benefit but benefit only SMALL + OUTWEIGHED by associated disbenefits

Question 19

What are the 4 components of the doctrine of double effect?

Answer 19

1. The act must be good, or at least morally neutral
2. The agent only intends the good effect + even if the bad effect can be foreseen it must not be intended
3. The bad effect must not be the means to the good effect
4. The good effect must outweigh the bad effect

Question 20

What are the three main problems with the DDE?

Answer 20

1. Intentions - what is intended + what can be foreseen. What is the moral character of the action
2. Description - whether changing the description can affect conclusions
3. Responsibility - whether we are only responsible for the intended actions + whether the DDE implies responsibility

Question 21

Why is the DDE useful?

Answer 21

Helps us think about ethically relevant aspects of our actions for example the net consequences of our actions, our intentions and the means by which we are acting.