Transcript No Slide Title

Ch0 Ethical Foundations
COMPUTER ISSUES FOR LAW
ENFORCEMENT
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THIS COURSE
"is not intended to change peoples basic set
of ethical values, but rather to assist users of
computers and data communications in
clarifying and applying their ethical values as
they encounter new, complex situations where
it may not be obvious how ethical values may
apply or where the appropriate application of
one of these values may conflict with other
ethical values."
Parker, Donn, Susan Swope, and Bruce Baker. Ethical Conflicts in information and
Computer Science, Technology, and Business. QED Information Sciences, Inc.
Wellesley, Massachusetts, 1990, p1.
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Ethics
Ethics is the study of what it means to
"do the right thing." It is the study of ways
to distinguish right from wrong.
Ethical theory is based on the assumption that
people are rational and make free choices.
If ethical rules are followed and they are good
ones then they tend to make our lives better.
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Ethics
There are often very practical reasons for
behaving ethically.
Ethics has to do with making a principle-based
choice between competing alternatives. In the
simplest ethical dilemmas, this choice is
between right and wrong.
Choosing right from wrong usually is not very
difficult, but right from right is an entirely
different matter.
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Ethics
Ethical principles are basically ideas of
behavior that are commonly acceptable
to society.
We want to make decisions based upon
well-reasoned, defensible ethical principles
and avoid the problems associated with only
relying on intuition or personal preference.
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Webster Says
Moral, Ethical, Virtuous, Righteous, and Noble mean
conforming to a standard of what is right and good.
Moral implies conforming to established sanctioned
codes or accepted notions of right and wrong.
Ethical may suggest the involvement of more difficult
or subtle questions of rightness, fairness, or equity.
Virtuous implies the possession of manifestations of
moral excellence in character.
Righteous stresses guiltlessness or blamelessness and
often suggests the sanctimonious.
Noble implies moral eminence and freedom from
anything petty, mean, or dubious in conduct or
character.
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Voluntary/Ethical Acts
When we talk about right or wrong
acts we are always talking about voluntary
acts. Here we define an act to be voluntary
if the person doing the act could have acted
differently if he had chosen to. (Note all
ethical theories deal with voluntary acts.)
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Relativism
View all standards and judgments as relating
to a particular context with no general validity
outside that sphere. (When in Rome ..., Who's
to say?, It is all a matter of opinion, That may
be good for you but ..., If __ doesn't care it
shouldn't bother you. ) To the relativist all
moral evaluations are arbitrary preferences,
depending entirely upon the individual, the
situation, the culture, and the times.
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Relativism
In the past, there was little room for
relativism if you knew that the values you
possessed were universal and absolute
because your society or culture or religion
had the absolute right ones because they
had obtained them from the true god
or gods. And then we learned that the earth
was not the center of the universe and that
there were other peoples and cultures.
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Dates
1492 Columbus discovers the “new world”.
1543 Copernicus “earth not center of universe”.
1577 Kepler discovers a supernova.
1641 Rene Descartes, the father of modern
philosophy, observes that much of what he
has been told has turned out to be false.
1517 Martin Luther starts Protestant
Reformation which leads to war 1618-1648.
1715? Leibniz proposes universal language to
be used to find common ground in conflicting
religious and philosophical beliefs.
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Sources for Relativism
1. Tolerance
There is a desire to practice tolerance, to take
an open-minded approach towards other
peoples ideas.
2. Freedom of choice
Maximize freedom of choice. If there are no
objective truths and correct moral principles
then our range of choices is considerably
larger.
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Sources for Relativism
3. Intellectual uncertainty
According to the scientific attitude we
should constantly analyze and criticize our
assumptions.
4. Awareness of diversity
We are acutely aware of the multiplicity of
societies in the world all with their own set
of beliefs.
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Looking at Relativism
“Vulgar Relativism” is the doctrine that
“no point of view about values is
objectively better than any other.” The
ancient Greeks refuted this position by
pointing out that claiming that the best
view about values was that there was no
best view was a contradiction.
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Looking at Relativism
The claim that whatever a person believes to
be true is true to him leads to absurdity (a
square has three sides).
We can't even argue that relativism promotes
tolerance because by advocating the value of
tolerance we give this value objective worth
and deny the relative position.
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But if
But if relativism of values is interpreted to
mean that all values are good merely for
particular persons are groups or from
particular points of view, (not for all persons
and all points of view) implying you can’t
find universal values because of an inability
to rise above all particular perspectives, then
judgments of good or evil, right or wrong,
reduce to reflections of personal view.
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The Search
To refute real relativism, not the vulgar kind,
one needs to show how one can rise above
limited points of view to establish the validity
of some universal values and to say what
those values might be.
In the past this was easy because all that was
needed was an appeal to religious or other
authorities. But now those often conflict.
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Universalism
Social Contract Theories
Sentimentalist
David Hume
Adam Smith
Deontologism
Formalism
Kantianism
Immanuel Kant
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Hobbesian
Thomas Hobbes Ideal
John Locke
Rousseau
Teleologism
Consequentialism
Altruism
Utilitarianism
Jeremy Bentham
Egoism
John Stewart Mill
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Sentimentalist Alternative
Ethical view attributed to David Hume
(1711-1776), his friend Adam Smith (1723-1790)
who was also know for work in economics, and
others, according to which ethical and other
judgments about right and wrong, virtue and
vice, are based upon sentiments of approval or
disapproval that are rooted in common human
sentiments of sympathy and benevolence.
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Sentimentalist Alternative
Hume talks of common human virtues, such as
sympathy, beneficence, friendliness, kindness,
integrity, honesty, gentleness, and cheerfulness,
and has no doubt that all right-thinking persons
would prefer these virtues and shun vices such
as cruelty, treachery, and dishonesty, because
virtues are socially beneficial and vices,
harmful.
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Sentimentalist Alternative
Adam Smith authored a book entitled A
Theory of the Moral Sentiments, in which he
traced the roots of morality to common
human sentiments of sympathy and
benevolence. In economic theory he argues
for the benefits to society of individuals
pursuing their own economic self-interest.
He also felt that the human sentiments of
sympathy and beneficence would curb the
dangers of the marketplace.
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Deontologism
(Formalism)
Here we judge rightness by looking at the
behavior itself and not its consequences.
(Reason based ethics)
Deontology is the study of moral obligations.
The name Deontology is derived from the
Greek word deon which means duty.
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Deontologism
Formalism
Deontologism or Formalism can be defined as
the theory that we should live in accordance
with principles of right conduct. The rightness
or wrongness of actions is thought to lie outside
of ourselves and not in any subjective attitude
we might take. Certain acts are right to do,
others are wrong, and we are obliged to pursue
the one and avoid the other.
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Immanuel Kant (1724-1804)
Kant exerted a profound influence on philosophic thinking throughout the nineteenth and
well into the twentieth century. He was very
ordinary in his personal life, living a precise,
methodical existence as a professor of logic and
metaphysics. He never married, never traveled
more than forty miles from Königsberg, never
varied his daily routine, and when the King of
Prussia asked him not to publish anymore
"alarming" thoughts on religion he stopped and
started publishing again only after the king died.
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Immanuel Kant (1724-1804)
Kant argued that for an action to have moral
content it had to be done out of an obligation
(duty) to follow moral principles. His original
works are serious deep reading.
Practical reason is the tool we can use to
gain insight in ethics and moral law. Reason
about what makes sense and act accordingly.
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Kant’s Categorical Imperative
(First formulation) “Act only on that maxim
which you can at the same time will that it
should become a universal law” for everyone
to follow.
Note: This can be viewed as a restatement
of the Biblical instruction “Do unto others
as you would have them do unto you.”
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Kant’s Categorical Imperative
(Second formulation) “Act so that you always
use humanity in your own person, as well as
in the person of every other, never as a means,
but at the same time as an end”
Note: To treat someone as an end is to respect
their desires and purposes, to treat them as
means is to use them for one’s own purposes.
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Kantianism
We will sometimes see Kant’s two formulations
of his categorical imperative expressed as: It is
absolutely necessary for a person to treat others
equally (consistency) and with respect.
Consistency: If an action is not right for
everyone then it is not right for anyone.
Respect: Treat people with respect.
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Consequentialism
Teleologism
Here we judge the rightness of an action by the
outcomes.
Altruism: You sacrifice to benefit others.
Egoism: Maximize benefit or minimize harm
to yourself.
Utilitarianism: Seek maximum benefit for the
group.
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Altruism
An unselfish regard or devotion to the welfare
of others.
We will refer to altruistic acts or even altruistic
lives.
Putting others first with no expectation of
reward for the act.
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Psychological Egoism
Psychological Egoism argues that to pursue
ones' own advantage is a psychological law of
nature and because of this there is no choice
to be made. An interesting consequence of
this thought is that since moral actions are
motivated by concern for others (and we can't
do that) that moral judgments must be totally
irrelevant.
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Ethical Egoism
Ethical Egoism maintains that whether or not
people do act only for themselves nevertheless
they should. The best known proponents of this
position is Machiavelli who wrote a handbook
on manipulating people out of self interest
(The Prince).
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Utilitarianism
Jeremy Bentham (1748-1832) and John Mill
(1806-1873) "the greatest amount of happiness
for the greatest number of persons." Everyone's
happiness is important including one's own.
Mill- "in the golden rule of Jesus of Nazareth,
we read the complete spirit of the ethics of
utility. 'To do as you would be done by,' and
'To love your neighbor as yourself,' constitute
the ideal perfection of utilitarian morality."
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Bentham/Mill
Bentham worked for prison reform and
revising the crime-penalty structure.
Mill was politically active and helped take
power away from the landed gentry. He also
introduced legislation for women's voting
rights. "A sacrifice which does not increase
the sum total of happiness, is considered as
wasted."
Their aim was to reduce the amount of misery
for mankind and increase the sum of human
happiness.
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Stakeholders
A stakeholder is any person or organization
with a stake in the decision.
Utilitarian Ethical analysis should result in
a defensible ethical decision that on balance
does the best for all stakeholders. (note that
stakeholders are not guaranteed equal
outcomes or even positive outcomes.)
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Calculus of pleasures (Bentham)
hedon= unit of pleasure or pain.(Bentham def.)
hedonism = The doctrine that pleasure or
happiness is the sole or chief good in life.
hedonistic calculus = a method of determining
the rightness of an action by balancing the
pleasures and pains it would produce.
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Calculus of pleasures (Bentham)
The seven factors for measuring pleasure:
Intensity: Why not have pleasures as strong
as possible?
Duration: If it's good longer is better.
Certainty or Uncertainty: If you know you
are going to like it give more points than if
you are not sure.
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Calculus of pleasures (Bentham)
Propinquity or Remoteness: How long do I
have to wait?
Fruitfulness: Will the following sensation be
of the same kind?
Purity: Will the following sensation be of the
opposite kind?
Extent: How many people are affected?
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Act vs. Rule Utilitarianism
Act Utilitarianism
Every act should be evaluated in terms of
the greatest happiness principle. (Bentham)
Rule Utilitarianism
The greatest happiness principle should be used
to establish general rules of behavior. (Mill)
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Social Contract Theories
We will look at two types of contemporary
social contract theories, Hobbesian which
comes from the work of Thomas Hobbes and
Ideal which comes in large part from the
work of Locke and Rousseau. We will pick up
John Rawls work (also ideal) when we apply
ethics to the question “How Good is Good
Enough?”
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Social Contract Theories
Hobbesian social contract theories impose
only the requirement that the contractors
rationally seek their own enlightened selfinterest.
Ideal social contract theories impose certain
prior constraints upon the contractors
designed to ensure that the agreement will
be fair.
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We Got Problems
By now we have a number of good thoughts
by a number of outstanding thinkers but there
are problems with each approach. With the
sentimentalist alternative we get to different
absolutes depending on the culture. Kant’s
always follow the rules puts us in situations
where actions such as lying to save a life
would be viewed as wrong. With Utilitarianism
does it become right to take money forcibly
from someone who doesn’t need it as much?
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Problems/Quest for wisdom
With the social contract theories they just
simply don’t all the time and we get things such
as wars.
Professor Kane (Univ. of Texas Austin) offers
us a promising approach to discerning objective
truths. He views the approach as a means to
solve a number of the problems we have raised
and while not an approach which will yield final
answers will move us closer to final answers.
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Consider the Sciences
“In the sciences, openness and objectivity
require consideration of theories opposed to
one’s own and restricting undue bias in favor
of one’s own.”
We use openness and objectivity in order to
limit “narrowness of vision” and to search
”for the objective truth about nature.”
We can do this.
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Openness/Tolerance
After really being forced into a position of
realizing that you use your point of view on
what is right or wrong will be limited by your
culture and history and the only supporting
argument you can give for your point of view
uses your point of view and since everyone
else is in the same situation then a common
response is openness/tolerance to other points of
view. This thought can bring us back to vulgar
relativism and the concept of no objective truth.
But as Professor Kane argues this also can be
used to move us away from relativism.
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We can’t be open and tolerant of everyone.
You notice someone being attacked and you
can do something even if all that is is to go for
help. Then you can respect the views of the
attacker or the victim, but not both. This is
break down of Kane’s “moral sphere” where
moral sphere is the sphere in which every way
of life can be respected. You can’t respect all
views but you can try to restore and preserve
conditions in which ideal respect for all can be
followed again. You choose. Openness has led
us to conclude some ways of life are not worthy
of
our
support
or
protection.
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Now What?
When there is a guilty party, ie. someone who
has broken the moral sphere you punish the
guilty (not the innocent) using minimal force.
When the moral sphere breaks down and
no one is at fault negotiate.
Openness has brought us to a way of finding
truth and value and brings us back to treat
other people as you would want to be treated
and don’t kill, don’t lie, don’t steal, etc.
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Fundamental Moral Principle?
Confucianism
--- Sixth Century B.C.
What you don't want done to yourself, don't do
to others.
Buddhism
--- Fifth Century B.C.
Hurt not others with that which pains thyself.
Jainism
--- Fifth Century B.C.
In happiness and suffering, in joy and grief, we
should regard all creatures as we regard our own
self, and should refrain from inflicting upon others
such injury as would appear undesirable to us if
inflicted upon ourselves.
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Fundamental Moral Principle?
Zoroastrianism
--- Fifth Century B.C.
Do not do unto others all that which is not well
for oneself.
Classical Philosophy Plato --- Fourth Century B.C.
May I do to others as I would that they should
do unto me.
Hinduism
Mahabharata --- Third Century B.C.
Do naught to others which if done to thee would
cause thee pain.
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Fundamental Moral Principle?
Judaism
Rabbi Hillel --- First Century B.C.
What you don't want done to yourself, don't do
to others.
Christianity Jesus of Nazareth --- First Century A.D.
Do unto others as you would have them do unto you.
Sikhism
--- Sixteenth Century A.D.
Treat others as thou wouldst be treated thyself.
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Comments on Golden Rule
The negative or “don’t do” versions are often
referred to as the silver rule.
There are always two interpretations of the
Golden Rule. In the narrower interpretation
you do unto others as if they shared, or would
share your values. The wider interpretation is
that one should allow others to pursue their
values, even if those values are different from
ones own.
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Informal Guidelines
1. The Mom test
2. Shushers
3. The TV test
4. The Market test
5. The Smell test
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Formal Guidelines
1. Corporate policy
2. Corporate or professional codes of ethics
3. The Golden Rule
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Too Little Time!
We have not “covered” the evolution of ethics.
What we have done is a very cursory (and
shallow) attempt at laying a foundation for
talking about ethical decisions. We will use
the papers you write as a means of expanding
our understanding of the evolution of ethical
thought and the people who have contributed
to this evolution. But there is really too little
time to do this right.
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Primary Sources
“The Quest for Meaning: Value, Ethics, and
the Modern Experience” a course presented by
Professor Robert H. Kane of UT-Austin.
“A Gift of Fire” a text by Sara Baase
published by Prentice Hall.
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