Ethical analysis

What is ethical study?

Definition of ethics
Ethics is the philosophical study of morality Morality involves doing the right thing

What is the right thing?

At least two approaches to determining the right thing Teleological, that is, look at ends or conse uences of what we do !eontological, that is, look at the intrinsic nature of what is done or the act rather than conse uences

Example deontological approach

"ying is intrinsically #ad, irrespective of the conse uences$ Authority% &t$ Augustine% "ying is always morally impermissi#le$ 'a#solutist( &ource of &t$ As proposition% his interpretation of &criptures ')i#le( *hat is a lie+ ,alse statement made with intent to deceive$ -f$ ,raud dfn

Deontological approach (contd.)

Even &t$ A recogni.ed some deceptions were not lies$ /false statement that speaker actually #elieves is true is not a lie 'no intent to deceive( /0ocose lies 1$2$ #3c no intent to deceive &t$ A% some lies are e4cused #ut still wrong% 5e#rew midwives lied to 6haroh

Deontological (contd)
*hy e4cuse some lies+ &t$ A% )3c moral immaturity of person committing them 6ro#lems% "ying to defeat a competitor '&t$ A% wrong7 #3c one must not do evil that good might come of it(

Deontological (contd)
-asuistry% overly su#tle reasoning 8aymond 6ennafort treated as founder gist% apply general moral principles to specific situations 'precursor of situation ethics( hypo% 5itler% Are there any 9ews here+ -asuist 'who knows of hiding 9ew(% :o response7 1r, 9ews dont eat here$ &t$ A% !ont co/operate7 'pro#lem% death(

Case pro lem! Contl "ending #. $oth

*ho was #ad guy+ *ho was made to look #ad #y the #ad guy+ *ho was criminally convicted+ *ho was e4onerated+

Examples of teleological approach

;tilitarianism% greatest good for greatest num#er, that is, ma4imi.ing utility e$g$, star athlete gets caught red/handed stealing from appliance store7 is e4onerated on specious reasoning so teams winning potential is not 0eopardi.ed

%ositi#e la&
*hat is it+ 8ule7 from political superior to political inferior7 sanctions 6hilosopher3e4ponents% 9ohn Austin7 )entham7 5$"$A$ 5art E4amples% -onstitutions7 statutes7 regulations7 0udicial decisions 'common law(

%ositi#e la& (contd.)

&trengths% structure7 predicta#ility7 order *eaknesses% could #e uncivil, #ad order '5itler7 &adam 5ussein7 &talin( <nstitutional sources% "egislatures7 courts7 regulators

's positi#e la& replacing ethics in setting rightness

*hat is the authors thesis+ <s the thesis credi#le+ *hat evidence does the author cite to support his thesis+ 1f the items the author cites, which is the most credi#le to you+ The least credi#le or at least provides the least support for his thesis+ -ontemporary e4amples supporting the thesis+ Any ethical dangers in such a thesis+

(atural )a&
*hat is it+ *hat is right and 0ust7 what ought to #e done 6hilosophers% ancient &toics, )lackstone, 9efferson7 Martin "uther 2ing E4amples% :urem#erg *ar -rimes Trials7 ;$&$ -onstitutions )ill of 8ights 'includes due process7 ;--s =/>?= unconsciona#le contracts

(atural )a& (contd.)

&trengths% appeals to individuals sense of right *eaknesses% multiple conscience pro#lem 'individuals have different senses of what is right( &ource% @od7 rationality

Ethic of %o&er
*hat is it+ Might7 a#ility to do the wrong thing and get away with it7 6hilosopher3e4ponent% 6lato '0ustice is the will of the stronger( E4amples% E4ecutives with power to close a plant7 a#ility to evaluate someone7 &trengths% 6rovides structure, order *eakness% corrupt order7 perverse system 'do the right thing and punished(

*istorical +urisprudence
!efinition% longstanding custom7 volksgeist or spirit of the people philosopher% &avigny e4amples% private property7 the a#ility to make private, enforcea#le agreements strengths% people are familiar with customs weaknesses% possi#ly #ackward, oppressive

,ociological +urisprudence
!efinition% :orms7 everyone does it 6hilosopher% Ehrlich E4amples% < had to cook the #ooks #ecause my competitors would look artificially good7 law of e ual cheating strength% follows what people actually do weaknesses% ethical standards de#ased

)egal realism
!efinition% what trial 0udges and 0uries do in fact irrespective of the positive law 6hilosopher% 9erome ,rank E4ample% *idows always win against @M &trengths% follows what people do and desire *eaknesses% ignores positive law

%olicy-sciences e#aluati#e +urisprudence

!efinition% planning applied to positive law 6hilosophers% 5arold "aswell A Myers Mc!ougal7 "ouis Mayo E4ample% :E6A7 #ackup studies for regs &trength% -onsider, weigh alternatives *eaknesses% cooked or tendentious studies

"alue 'ntegration
Balue congruence+ Ces, sometimes Balue incongruity% *hen+ em#e..ling parts manager hypo7 cooking the #ooks 'write/downs prior to mergers to enhance post/merger profita#ility *e all ethically integrate7 5ow+ The ideal% ethical unity E4amine cases in Te4t ch D for this