Topic 9 - Sexual Ethics Flashcards

1
Q

what is the christian teaching on marriage?

A

primary purpose to procreation although also to nurture children and control sex outside marriage.

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2
Q

what does it mean for marriage to be a sacrament ?

A

a sacrament is a highly significant religions moment. Thus, the ceremony is said to be witnessed by God’s grace and is more than a contract and is morally and spiritually binding.

the view of marriage is indissoluble and excludes divorce, only annulment can end a marriage.

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3
Q

what does it mean to say ‘compassionate marriage?”

A

originally the emphasis of marriage was that of procreation now the idea is shifting towards companionship, friendship and love

as the anglican jeremy taylor said - ‘christian charity is friendship’

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4
Q

what is the christian teaching on premarital sex?

A

forbidden as both sacramental and covenantal ideas of marriage require an act of sexual intercourse to complete the marriage.

whilst nowadays liberal christians are less hardline regarding trial marriages they maintain the official stance of a stable marriage as ideal for family and sexual life.

however, less strong e.g. Archbishop of York, John Sentamu supported Prince William and Kate cohabitation (Sex before marriage) as a sensible means of testing their desire to marry.

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5
Q

what is the christian stance on extramarital sex?

A

Leviticus - “if a man commits adultery with the wife of his neighbour, both the adulteress and the adulterer shall be put to death.”

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6
Q

what is the christian teaching stance on homosexuality?

A

Leviticus 18 - “you shall not lie with a male as with a woman; it is an abomination”

goes against procreation

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7
Q

what do liberal christians say regarding homosexuality?

A

liberal christians are inspired by the presentation of Jesus the liberator, whose message was to ‘let the oppressed go free’ (Luke 4:18)

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8
Q

how does mill’s liberty principle apply to sexual ethics?

A

NEGATIVE LIBERTY - the least interference of the state or anyone else to restrict individual behaviour

POSITIVE LIBERTY - the freedom to fulfil one’s potential by being actively involved in government

Mill supports negative liberty especially when it comes to sexual practices, this means a variety of lifestyles enhances the richness and enjoyment of society.

as shown when Lord Wolfenden adopted Mill’s liberty principle to decriminalise homosexuality despite it going against his own christian principles.

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9
Q

what is the uk civil partnership law?

A

became law 2005

civil partners have the same rights as married couples in a range of legal matters, including

tax
employment benefits
most state and occupational benefits.

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10
Q

what is natural law’s stance on marital, premarital and extramarital relationships?

A

premarital sex in a committed relationship prior to marriage may be justified in order to fulfil the primary precepts but this isn’t strictly true and is an apparent good (an action that appears good but doesn’t enhancer the purpose of a human being)

extramarital strictly not allowed as these undermine divine, natural and human laws

martial - “be fruitful and multiply’ marriage is a sacrament ordained by god and in accordance with aquinas’ primary precepts allows proper ordering of sex

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11
Q

what is natural law’s view on homosexual relationships?

A

on the large part, natural law condemns homosexuality as it doesn’t allow for procreation

although, some theologians such as norman piittenger said ‘we do not know the origins of homosexuality other than that for some it is fulfilling and satisfying and it is therefore inhumane to deny’

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12
Q

what is kantian ethics’ view on marital, premarital and extramarital sex?

A

marriage is based on keeping duties. sexual relations and marriage must be given freely and out of the respect that moral law requires.

extramartial sex out of lust is therefore wrong as it would be treating as means to an end

premarital sex is rejected due to a lack of commitment and again people are using one another for a certain reason.

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13
Q

what is kantian ethics’ view on homosexuality?

A

as kant argues sexual intercourse may only take place within marriage and between husband and wife it follows that homosexuality falls into the same category as adultery and premarital sex, it lacks mutual commitment

although, it is possible if loving, committed and respectful

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14
Q

what is utilitarianism’s view on marriage, premarital and extramarital sex?

A

marriage - not necesserily lifelong; good if it develops happiness and protects rights

premarital - cohabitation is flexible; adaptable to changing preferences

extramarital - not intrinsically wrong; could cause jealousy and uncertainty

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15
Q

what is utilitarianism’s view on homosexuality

A

must be consensual; should avoid harmful practices; variety of lifestyles enriches society

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16
Q

what is situation ethics’ view on marriage, premarital and extramarital sex?

A

marriage - autonomy/love supports marriage but not necessarily for life companionship

premarital - cohabitation means of exploring sexual relationships; must be mutually loving/respectful

extramarital - adultery generally causes unhappiness but could be justified for pragmatic reasons

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17
Q

what is situation ethics view on homosexuality?

A

bible indicative but not prescriptive. Must be a loving, respectful relationship

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18
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 1 - fundamental christianity, some forms are unnatural (aquinas + pope paul)

A

• Some forms of sexual behaviour are harmful as they are unnatural, thus they should not be tolerated. Aquinas natural law, Aristotelian teleological origins; For example, homosexuality and procreation/ ordered society. Pope Paul VI Humanae Vitae “every marital act must of necessity retain its intrinsic relationship to the procreation of human life”, “intrinsically disordered”, contra naturam, family unit would dissipate, society break down.

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19
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 1 - counter argument

religious ideas are backward (fletcher - situation ethics)

A
  • However, attitudes towards sex are not universal. Some see sex for pleasure/ unitive, not reproduction, thus there is no harm in homosexual marriage. Joseph Fletcher’s situationalism, not fixed law.
  • There is no intrinsic human nature, different people will have different sexual preferences.
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20
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 1 - counter response

apparent goods/flourishing

A

But these people are ignorant and will not reach the Summum Bonum. Need strict laws to guide people and ensure they flourish. Homosexuality is an apparent good! Right reasoning about our telos would lead us to reject the idea.

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21
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 1 - conclusive response

repressive hypothesis (foucault)

A
  • French philosopher Michael Foucalt, “normal” and “abnormal”. Variety enriches society. Deontological religious approaches which force specific sexual behaviour are harmful in themselves, as they prevent autonomy.
  • Foucault, in ‘The History of Sexuality’ argues that we generally read the history of sexuality since the 18th century in terms of what Foucault calls the “repressive hypothesis.” The repressive hypothesis supposes that since the rise of the bourgeoisie, any expenditure of energy on purely pleasurable activities has been frowned upon. As a result, sex has been treated as a private, practical affair that only properly takes place between a husband and a wife. Sex outside these confines is not simply prohibited, but repressed.
  • Foucault suggests the repressive hypothesis is essentially an attempt to give revolutionary importance to discourse on sexuality. The repressive hypothesis makes it seem both defiant and of utmost importance to our personal liberation that we talk openly about sex.
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22
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 2 - religious morality ensures stable society (st paul + kant)

A
  • It could be argued that modern secular attitudes to sex are too liberal and are in fact damaging – St Paul advocated celibacy as a state of holiness, yet if people needed to give into passion they should marry first, “it is better to marry than to burn with passion” (1 Corinthians)
  • Goods of marriage – procreation, nurture, control of sex, “til death do us part”, convenant between God and his people encourages loyalty and respect for sex, avoids sex being cheapened (perhaps this religious value is attractive to atheists also, such as Kant who argued we must never treat any as a means to an end, and should respect other human beings as rational and autonomous)
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23
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 2 - counter argument

sexual choices are personal (macintyre)

A

• Sexual decisions are highly personal and would not make sense to universalise them (Macintyre, virtue ethicist). Puritanism – rules taking precedence over people; if an individual was lonely and unhappy in their marriage, disallowing them to seek pleasure from others surely restricts their autonomy.

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24
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 2 - counter response

affects others such as marriage and children

A

• However sexual decisions always impact at least one other person, and decisions about marriage and family life will likely impact children – religious conservative concept of a heterosexual family and monogamous life-long marriage is arguably favourable, as there is evidence to show that marriage is linked to happiness/ better education for children

25
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 2 - conclusive response

non-harm principle over religious deontology (mill)

A
  • Undoubtedly, people should be free to do what they please in sex, as it is a highly personal matter. However, as sexual decisions impact at least two people, all acts should be permitted providing they do not cause harm to another (J.S. Mill non-harm principle), harm meaning an affront to autonomy. 1957 Wolfendale Report Sexual Offences Act 1967 2014 full marriage rights.
  • This would rule out only non-consensual sex acts – consensual homosexual marriage would be permitted, however extramarital sex would not be permitted if the adulterer did not have consent of their spouse.
26
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 3

society no longer requires a religious framework, religion responsible for feelings of sexual guilt (augustine +freud)

A
  • Whereas Augustine seems obsessed with the sexual lusts of the body led by concupiscence and their negative impacts upon human relationships, Freud’s psychoanalysis of human nature saw the libido as a natural and vital element of human development
  • Freud saw religious obsession with sin, and repressed sexual desires, as a major cause of neurosis and guilt (Oedipus Complex) – where Augustine saw the cure for the human condition laying in God’s grace, Freud argued the cause of the condition was religion. The answer is psychoanalysis.
27
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 3 - counter argument

christian ideas of agape and relationships (fletcher)

A
  • Arguably religion is responsible for some fundamentally important values one must consider when making sexual decisions e.g. agape love, kindness, respect for God’s creation
  • Joseph Fletcher’s situation ethics has been praised for its rejection of deontological morality, and focus on Jesus’ teachings of love, over dogmatic rules
28
Q

ESSAY PLAN - SEXUAL ETHICS

“critically assess traditional religious ethical teaching about sexual ethics”

“how effective is natural law// situation ethics?”

POINT 3 - conclusive response

positive aspects of religion can be retained without need for belief in god (pope pius, foucault + freud)

A
  • Situation has been rejected by the Catholic Church/ Pope Pius XII for not being authentically Christian, undermining the divine law
  • It seems that one can still treat other human beings with respect and love, without the need to believe in God
  • Foucalt argues that Freud may seem to have made open and frank discussions of sexuality possible, but this discourse is still confined to the academic and confessional realm of psychiatry. We cannot free ourselves from this repression simply by means of theory: we must learn to be more open about our sexuality, to talk about it, to enjoy it. Discourse on sexuality, seen as a revolt against a repressive system, becomes a matter of political liberation rather than intellectual analysis.
29
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 1

harm = against natural purpose (natural law + pope paul)

A

• Natural law, Aristotelian teleological origins; For example, homosexuality and procreation/ ordered society. Pope Paul VI Humanae Vitae “every marital act must of necessity retain its intrinsic relationship to the procreation of human life”, “intrinsically disordered”, contra naturam, family unit would dissipate, society break down.

30
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 1 - counter argument

attitudes are not universal (fletcher)

A

• Natural law, Aristotelian teleological origins; For example, homosexuality and procreation/ ordered society. Pope Paul VI Humanae Vitae “every marital act must of necessity retain its intrinsic relationship to the procreation of human life”, “intrinsically disordered”, contra naturam, family unit would dissipate, society break down.

31
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 1 - counter response

ignorant, apparent goods

A

• But these people are ignorant and will not reach the Summum Bonum. Need strict laws to guide people and ensure they flourish. Homosexuality is an apparent good! Right reasoning about our telos would lead us to reject the idea.

32
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 1 - conclusive response

no intrinsic human nature, normal/abnormal (foucault)

A
  • There is no intrinsic human nature, different people will have different sexual preferences. Michael Foucalt, “normal” and “abnormal”. Variety enriches society. Deontological religious approaches, which force specific sexual behaviour are harmful in themselves, as they prevent autonomy.
  • Natural law is out-dated, IVF, contraception make homosexual reproduction possible, and also sex for pleasure.
33
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 2

harm = physical, emotional and mental, principle of utility (bentham)

A

• Others would argue harm is only what causes physical, emotional or mental pain. Bentham’s act utilitarianism focuses on hedonism coupled with the principle of utility; extramarital sex may be permitted if the partner does not find out as it brings about greatest pleasure for greatest number.

34
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 2 - counter argument

objective rules and promises, universalising the maxim

A
  • A teleological approach would be impractical as one could not foresee the consequences, instead we should follow an objective moral guideline to ensure consistency in our moral behaviour. Allowing extramarital sex breaks objective rules and promises. Does not matter what brings about pleasure – this is hedonistic.
  • If extramarital sex was universalised it would devalue marriage.
35
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 2 - counter response

personal deicisons (macintyre)

A

• Sexual decisions are highly personal and would not make sense to universalise them (Macintyre, virtue ethicist). Puritanism – rules taking precedence over people; if an individual was lonely and unhappy in their marriage, disallowing them to seek pleasure from others surely restricts their autonomy.

36
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 2 - conclusive response

harm = affront to autonomy of others (mill non harm principle)

A
  • Undoubtedly, people should be free to do what they please in sex, as it is a highly personal matter. However, as sexual decisions impact at least two people, all acts should be permitted providing they do not cause harm to another (J.S. Mill non-harm principle), harm meaning an affront to autonomy. 1957 Wolfendale Report Sexual Offences Act 1967 2014 full marriage rights.
  • This would rule out only non-consensual sex acts – consensual homosexual marriage would be permitted, however extramarital sex would not be permitted if the adulterer did not have consent of their spouse. Kantian ethics highlight integral point – value of people as individuals, however Kant’s cold duty focus seems impractical when applied to something emotional like sex.
37
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 3

harm is against consent of individuals, who can make autonomous sexual decisions (patricia marino + kant)

A
  • Now harm has been sufficiently defined (affront to autonomy), another issue arises as to who can actually make autonomous decisions. Patricia Marino ‘Philosophy of Sex’ – One can choose to be used, and when the choice to do so is fully autonomous, the objectification is unproblematic. Do we have free choice?
  • If not all individuals can, should the state impose laws to protect their welfare until they can become autonomous?
  • There is a vital difference between consent and informed consent – entirely not the same concept. The latter preserves us as autonomous beings. Kant and rationality, but not just about that, as people can be rational but not free/ treated as an equal.
  • Informed consent = action coupled with state of mind.
38
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 3 - counter argument

consent = informed, freely chosen (friedman)

A
  • Children – cannot consent as not fully understanding; premarital sex below a certain age would not be permitted, as consent would not be informed and thus affront to autonomy
  • Women – not valued as equals in society; feminists argue we need rules safeguarding female autonomy in sex. And also whether informed consent is enough to sufficient to render sexual relations morally permissible i.e. does consenting to sexual objectification make it moral because it has been consented? Sexist culture seems to distort women’s ideas about their role in sex – perhaps a young girl “chooses” to have sex with a boy because she feels its her cultures dictum; is this choice a free one? NO.
  • Coercion – In one US case, a foster father threatened a child in his care with being sent back to a detention home unless she submitted to sex. A Pennsylvania court found she had not been raped because there was no physical force; but isn’t such coercion just as wrong
  • Freedom – Prostitution – is a prostitute who consents because she will starve without the money really earned, preserving her autonomy through this consent, and if not is the consent then not valid?
39
Q

ESSAY PLAN - PRIVATE OR SUBJECT TO SOCIETAL NORMS

“Should choices in the area of sexual behaviour be entirely private and personal, or should they be subject to societal norms and legislations?”

point 3 - conclusive response

work towards a free society

A

• All forms of sexual behaviour should be tolerated as long as the behaviour is freely chosen. In order to make sure it is freely chosen, we must live in a society where people have free choice. Perhaps this is an ideal, but it is one we should aim towards.

40
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 1

act; reject as too focused on pleasure, hedonism, principle of utility ( bentham)

A

• Bentham’s act utilitarianism focuses on a simple goal of maximising pleasure and minimising pain. Bentham, in ‘Introduction to the Principles of Morals and Legislation’ makes a descriptive claim about humans being ruled by pain and pleasure, and “it is from them alone to point out what we ought to do”; from this he goes on to make his normative claim: “It is the greatest happiness of the greatest number which is the measure of right and wrong” extramarital sex/ homosexuality would be permitted

41
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 1 - counter argument

tyranny of the majority/means to an end (bentham act utilitarianism + kant second categorical imperative)

A
  • Bentham’s Act Utilitarianism focuses too much on majority pleasure – one famous criticism is that in theory, act utilitarianism could support gang rape.
  • Kant’s second formulation of the CI warns against using persons as means to an end – extramarital sex does treats ones partner as less than human, as their rights and autonomy is being overridden by being lied to
42
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 1 - counter response

hedonic calculus/no rights

A

• Yet this may be reconciled through use of the hedonic calculus, outweighing the intensity of the victim’s pain and duration of their suffering afterwards against the short-term pleasure of the rapists. He listed seven factors that must be taken into account, which include ‘intensity’ (strength of the pleasure/pain) ‘duration’ (length), ‘fecundity’ (how likely one pleasure would lead to others) and ‘extent’ (how many would be affected).

43
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 1 - conclusive response

objective rules and promises, universalising the maxim

A

• A teleological approach would be impractical as one could not foresee the consequences, instead we should follow an objective moral guideline to ensure consistency in our moral behaviour. Allowing extramarital sex breaks objective rules and promises. Does not matter what brings about pleasure – this is hedonistic.

44
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 2

rule; promises and value of marriage, rule utilitarianism - extramarital sex brings bad consequences (harm principle + kant)

A
  • Harm Principle (Rule Utilitarianism): Adultery involves cheating on a spouse, which can destroy trust in a relationship and lead to resentment. Rule utilitarians might argue that, as a rule, adultery is a bad thing.
  • Kant would argue that if extramarital sex was universalised it would devalue marriage.
45
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 2 - counter argument

personal decisions (macintyre)

A
  • Sexual decisions are highly personal and would not make sense to universalise them (Macintyre, virtue ethicist). Puritanism – rules taking precedence over people; if an individual was lonely and unhappy in their marriage, disallowing them to seek pleasure from others surely restricts their autonomy.
  • Termed by one prominent critic as “superstitious rule worship” (J J C Smart ‘Extreme and Restricted Utilitarianism’)
46
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 2 - conclusive response

flexible and progressive, non-harm and liberty (mill)

A
  • Yet Mill’s Rule Utilitarianism was far more progressive and flexible than that. He claimed rules could be developed or adapting according to circumstances, and must ultimately be pragmatic – concerned with practical impacts and greatest good for society, not moral duties.
  • By considering happiness of individuals over moral absolutes, society is able to progress morally both Mill and Bentham were supporters of gay rights
47
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 3

individual liberty, autonomy, harm = affront to autonomy of others (mill)

A
  • Undoubtedly, people should be free to do what they please in sex, as it is a highly personal matter. However, as sexual decisions impact at least two people, all acts should be permitted providing they do not cause harm to another (J.S. Mill non-harm principle), harm meaning an affront to autonomy. 1957 Wolfendale Report Sexual Offences Act 1967 2014 full marriage rights.
  • This would rule out only non-consensual sex acts – consensual homosexual marriage would be permitted, however extramarital sex would not be permitted if the adulterer did not have consent of their spouse: some Utilitarians support open marriages.
48
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 3 - counter argument

too liberal; state should control sexual behaviour

A

May permit sexual acts such as homosexuality, which defies religious deontological morality

49
Q

ESSAY PLAN - KANT VS UTILITARIANISM

“How effective is Utilitarianism when applied to sexual ethics?”

POINT 3 - conclusive response

liberal principle (mill)

A
  • John Stuart Mill, in his essay ‘On Liberty’ argues that, “over himself, over his body and mind, the individual is sovereign”.
  • Liberal principle – humans are the best judge of their own happiness; they should be given maximum freedom to live their sexual lives as they consider appropriate
50
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 1

extramartial sex, breaking objective rules/ promises (kant)

A

• Marriage involves a life-long commitment. For Kant, we have a perfect duty not to break promises. Whilst it is possible to imagine a society where people have casual sexual relationships, it is logically self-contradictory to imagine one where people constantly have sex with people who are married to someone else.

51
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 1 - counter argument

pleasure over promises (bentham)

A

• Bentham’s act utilitarianism focuses on a simple goal of maximising pleasure and minimising pain. Bentham, in ‘Introduction to the Principles of Morals and Legislation’ makes a descriptive claim about humans being ruled by pain and pleasure, and “it is from them alone to point out what we ought to do”; from this he goes on to make his normative claim “It is the greatest happiness of the greatest number which is the measure of right and wrong” extramarital sex may be permitted if the partner does not find out

52
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 1 - counter response

pleasure over promises (bentham)

A
  • Kant believed that in having sex, we were allowing someone to use us to fulfil their desires (as a means to an end, thus going against the 2nd formulation of the CI). “Sexual love is degradation of human nature”. We can only do so if we first get married, giving ourselves to the other person in law, so that we have a common will.
  • Kant strongly opposed adultery as it breaks the promises made in marriages; it “degrades human nature” by treating one of the parties as means to an end, and it would be difficult to universalise extramarital sex without making marriage meaningless.
53
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 1 - conclusive response

individual sovereignty (mill)

A
  • “Two persons of cultivated faculties, identical in opinions and purposes, between whom there exists that best kind of equality, similarity of powers and reciprocal superiority in them… this, and this only, is the ideal of marriage.” Mill.
  • Mill thought most married women were treated like slaves, and argue for equality in marriage. Utilitarians would support open marriages if both people were happy, perhaps understand adultery if trapped in an unhappy marriage
54
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 2

homosexuality, universal laws determining what is moral (kant)

A
  • According to Kant, a homosexual person “no longer deserves to be a person” as it debases humans to animals; it is contra naturam (against nature) so it is simply a result of uncontrolled sexual desire.
  • If the whole human race were gay the human race would die out, which perhaps gives a reason as to why one may deem it unnatural.
55
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 2 - counter argument

highly personal decisions (macintyre)

A

• Sexual decisions are highly personal and would not make sense to universalise them (Macintyre, virtue ethicist). Puritanism – rules taking precedence over people

56
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 2 - conclusive response

affect others (mill)

A
  • Undoubtedly, people should be free to do what they please in sex, as it is a highly personal matter. However, as sexual decisions impact at least two people, all acts should be permitted providing they do not cause harm to another (J.S. Mill non-harm principle), harm meaning an affront to autonomy. 1957 Wolfendale Report Sexual Offences Act 1967 2014 full marriage rights.
  • This would rule out only non-consensual sex acts – consensual homosexual marriage would be permitted, however extramarital sex would not be permitted if the adulterer did not have consent of their spouse. Kantian ethics highlight integral point – value of people as individuals, however Kant’s cold duty focus seems impractical when applied to something emotional like sex
57
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 3

autonomy, consent (mill)

A
  • John Stuart Mill, in his essay ‘On Liberty’ argues that, “over himself, over his body and mind, the individual is sovereign”.
  • Liberal principle – humans are the best judge of their own happiness; they should be given maximum freedom to live their sexual lives as they consider appropriate
58
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 3 - counter argument

not all can be autonomous (kant + friedman)

A

• There is a vital difference between consent and informed consent – entirely not the same concept. The latter preserves us as autonomous beings. Kant and rationality, but not just about that, as people can be rational but not free/ treated as an equal
(Marilyn Friedman ‘Autonomy, Gender, Politics’): Children – cannot consent as not fully understanding; premarital sex below a certain age would not be permitted, as consent would not be informed and thus affront to autonomy. Women – not valued as equals in society; feminists argue we need rules safeguarding female autonomy in sex. And also whether informed consent is enough to sufficient to render sexual relations morally permissible i.e. does consenting to sexual objectification make it moral because it has been consented?

59
Q

ESSAY PLAN - KANT SEXUAL ETHICS

“How effective is Kantian ethics when applied to sexual ethics?”

POINT 3 - conclusive response

work toward free society

A

• All forms of sexual behaviour should be tolerated as long as the behaviour is freely chosen. In order to make sure it is freely chosen, we must live in a society where people have free choice. Perhaps this is an ideal, but it is one we should aim towards.