1. Ethics, Morals, Codes, and Laws COMU2020 Phil Graham Week 4

2. Regulation and Codes of Conduct Overview of Australian regulatory bodies Overview of Australian regulatory bodies ABA ABA PRIA PRIA ADMA ADMA AAA AAA “Codes of Conduct” “Codes of Conduct”

3. Ethics How do we ask and answer ethical questions? How do we ask and answer ethical questions? What are “ethics”? What are “ethics”? How do we identify ethical issues? How do we identify ethical issues? How do these differ from moral issues? How do these differ from moral issues? Is there a difference? Is there a difference?

4. Ethics.. cntd Ethics and morals are traditionally treated as separate Ethics and morals are traditionally treated as separate Ethics are different intellectual framework and morality is patterns of practice Ethics are different intellectual framework and morality is patterns of practice Ways of “seeing” and ways of doing are treated as separate Ways of “seeing” and ways of doing are treated as separate BUT … Ethics are always applied BUT … Ethics are always applied

5. Ethical frameworks Origins of ethics Origins of ethics The ethical question: how ought we live? The ethical question: how ought we live? Normative ethics Normative ethics Virtue Ethics, Consequentialism, Deontology Virtue Ethics, Consequentialism, Deontology

6. Normative frameworks Virtue ethics (A. Aristotle, Nicomachean Ethics) Virtue ethics (A. Aristotle, Nicomachean Ethics) ‘Golden mean’ is a balance among all the virtues. ‘Golden mean’ is a balance among all the virtues. ‘arête (excellence or virtue) phronesis (practical or moral wisdom) and eudaimonia (usually translated as happiness or flourishing.)’ Hursthouse (2003). ‘arête (excellence or virtue) phronesis (practical or moral wisdom) and eudaimonia (usually translated as happiness or flourishing.)’ Hursthouse (2003). Virtue do not inhere in a single good act, but is a way of being that is infused throughout a person. It is also called ‘character ethics’. Virtue do not inhere in a single good act, but is a way of being that is infused throughout a person. It is also called ‘character ethics’. The dominant form of ethics throughout the West for many centuries. The dominant form of ethics throughout the West for many centuries. What questions can we ask within this framework? What questions can we ask within this framework? eg the un-virtuous character, defining virtue, rules …? eg the un-virtuous character, defining virtue, rules …? “Intelligence and courage” “Intelligence and courage”

7. Normative frameworks Deontology Deontology Rule-based ethics. Rule-based ethics. Says we are duty bound to live according to rules, regardless of the consequences. Says we are duty bound to live according to rules, regardless of the consequences. Kant’s categorical imperative is an updated deontology: Kant’s categorical imperative is an updated deontology: “Since by nature (according to Kant) the moral law is universal and impartial and rational, the categorical is a way of formulating the criteria by which any action can pass the test of universality, impartiality, and rationality. That is its only function” (Pecorino, 2002). “Since by nature (according to Kant) the moral law is universal and impartial and rational, the categorical is a way of formulating the criteria by which any action can pass the test of universality, impartiality, and rationality. That is its only function” (Pecorino, 2002). Kant is saying that any ethical principle must be applicable in a universal way, in all circumstances. Kant is saying that any ethical principle must be applicable in a universal way, in all circumstances. Deontology is opposed to consequentialism. Deontology is opposed to consequentialism. What are its weaknesses? What questions can we ask? What are its weaknesses? What questions can we ask?

8. Normative frameworks Consequentialism Consequentialism A part of utilitarian ethics. A part of utilitarian ethics. The overarching principle is that the rightness of an act depends on its effects upon society. The overarching principle is that the rightness of an act depends on its effects upon society. The utilitarian bent is that the rightness of an act is assessed in terms of “the greatest good for the greatest many”. The utilitarian bent is that the rightness of an act is assessed in terms of “the greatest good for the greatest many”. The principle privileges the social over the individual. The principle privileges the social over the individual. What are the flaws? What questions can be asked. What are the flaws? What questions can be asked. http://plato.stanford.edu/entries/consequentialism/ http://plato.stanford.edu/entries/consequentialism/ http://plato.stanford.edu/entries/consequentialism/

9. Metaethics Study of where ethics arise from. Study of where ethics arise from. Moral philosophy, metaphysics of ethics Moral philosophy, metaphysics of ethics Relativism—individual, cultural, temporal (?) Relativism—individual, cultural, temporal (?) ‘Objective vs realist’ perspectives ‘Objective vs realist’ perspectives ‘Psychological issues’ ‘Psychological issues’ ‘Altruism vs egoism’ ‘Altruism vs egoism’ ‘Male vs female morality’ ‘Male vs female morality’ Fieser (2003). Fieser (2003). Questions? Assumptions? Criticisms? Questions? Assumptions? Criticisms?

10. Applied Ethics According to some, that branch of ethics that is concerned with contentious issues, such as bioethics, cloning, abortion, human rights – in short, all the kinds of issues that inform new policies. According to some, that branch of ethics that is concerned with contentious issues, such as bioethics, cloning, abortion, human rights – in short, all the kinds of issues that inform new policies. But all ethics are applied in a very real sense. But all ethics are applied in a very real sense. Therefore social practice is the most appropriate framework for applied ethics (Isaacs and Massey, 1994). Therefore social practice is the most appropriate framework for applied ethics (Isaacs and Massey, 1994).

11. Social Practice Ethics An applied ethics that is based in social context, socialisation, and professional contexts. An applied ethics that is based in social context, socialisation, and professional contexts. It focuses on the human nature of engagement, and how engagements are shaped by ways of seeing, being, and acting that we acquire through our engagements. It focuses on the human nature of engagement, and how engagements are shaped by ways of seeing, being, and acting that we acquire through our engagements. It is fundamentally a communicative ethics that recognises persons are those who engage in social life, not, eg, institutions, philosophies, and so on, though these most certainly It is fundamentally a communicative ethics that recognises persons are those who engage in social life, not, eg, institutions, philosophies, and so on, though these most certainly It recognises power imbalances, social justice, and most importantly, that ethics are inseparable from all social interaction It recognises power imbalances, social justice, and most importantly, that ethics are inseparable from all social interaction The “ought” of social practice is oriented towards having sensibilities towards others as persons and being aware that what we do has direct effects on those persons. The “ought” of social practice is oriented towards having sensibilities towards others as persons and being aware that what we do has direct effects on those persons. In turn, this has a direct effect on the overall ethical character of the social systems we inhabit. In turn, this has a direct effect on the overall ethical character of the social systems we inhabit. Communication plays an integral role, including media practices. Communication plays an integral role, including media practices.

12. Conclusion Laws and codes are neither ethics nor morality Laws and codes are neither ethics nor morality Ethics are an aspect of every human interaction Ethics are an aspect of every human interaction Ethics are always applied Ethics are always applied The ethical is a dimension of human experience concerned with producing the good life. The ethical is a dimension of human experience concerned with producing the good life. It is incumbent upon each of us as individuals to be aware of our role in the constitution of the ethical dimension of social life. It is incumbent upon each of us as individuals to be aware of our role in the constitution of the ethical dimension of social life.

13. References Aristotle, A. The Nicomachean Ethics. Penguin. Aristotle, A. The Nicomachean Ethics. Penguin. Hursthouse, R. (2003). "Virtue Ethics", The Stanford Encyclopedia of Philosophy (Fall 2003 Edition), Edward N. Zalta (ed.), URL http://plato.stanford.edu/archives/fall2003/entries/ethics-virtue/ Hursthouse, R. (2003). "Virtue Ethics", The Stanford Encyclopedia of Philosophy (Fall 2003 Edition), Edward N. Zalta (ed.), URL http://plato.stanford.edu/archives/fall2003/entries/ethics-virtue/ http://plato.stanford.edu/archives/fall2003/entries/ethics-virtue/ Pecorino, P. A. (2002). Ethical Traditions. http://www2.sunysuffolk.edu/pecorip/SCCCWEB/ETEXTS/MEDICAL_ETHICS _TEXT/Chapter_2_Ethical_Traditions/Categorical_Imperative.htm Pecorino, P. A. (2002). Ethical Traditions. http://www2.sunysuffolk.edu/pecorip/SCCCWEB/ETEXTS/MEDICAL_ETHICS _TEXT/Chapter_2_Ethical_Traditions/Categorical_Imperative.htm http://www2.sunysuffolk.edu/pecorip/SCCCWEB/ETEXTS/MEDICAL_ETHICS _TEXT/Chapter_2_Ethical_Traditions/Categorical_Imperative.htm http://www2.sunysuffolk.edu/pecorip/SCCCWEB/ETEXTS/MEDICAL_ETHICS _TEXT/Chapter_2_Ethical_Traditions/Categorical_Imperative.htm Sinnott-Armstrong, W. (2003). "Consequentialism", The Stanford Encyclopedia of Philosophy (Summer 2003 Edition), Edward N. Zalta (ed.), URL http://plato.stanford.edu/archives/sum2003/entries/consequentialism/ Sinnott-Armstrong, W. (2003). "Consequentialism", The Stanford Encyclopedia of Philosophy (Summer 2003 Edition), Edward N. Zalta (ed.), URL http://plato.stanford.edu/archives/sum2003/entries/consequentialism/http://plato.stanford.edu/archives/sum2003/entries/consequentialism/ Fieser, J. (2003). Ethics. http://www.iep.utm.edu/e/ethics.htm Fieser, J. (2003). Ethics. http://www.iep.utm.edu/e/ethics.htmhttp://www.iep.utm.edu/e/ethics.htm