KSL ATP 105 2014 Topic 3:Ethics-A Philosophical Inquiry CHARLES B G OUMA & EUNICE ARUWA

2/23/2014

CBG OUMA & E ARUWA 2014

KSL ATP PE 2014

Welcome to topic 3 From Your Course Facilitators

Charles B G Ouma & Eunice Arwa

2/23/2014

CBG OUMA & E ARUWA 2014

Topic Objectives
At the end of this topic, the participant should be able to: Define the term ethics Distinguish between the four categories ethical theories Distinguish between virtue ethics ,duty ethics and consequentialism Explain the importance of the study of ethics for the legal profession Apply the ethical theories to the analysis of normative prescriptions of legal professional ethics
2/23/2014 CBG OUMA & E ARUWA 2014 3

Bibliography
1. From BBC Ethics: a general introduction http://www.bbc.co.uk/ethics/introduction/intro_1.shtml extracted 21st Feb 2014 2. Dr Tom Namwamba- Ethics a philosophical inquiry. Guest presentation to KSL. Available in the library and in Box 3. Wikipedia http://en.wikipedia.org/wiki/Ethics extracted 21st Feb 2014 4. Peter Strahlendorf Professional Ethics http://www.bcsp.org/pdf/presentationsarticles/714_1.pdf 5. Davis, Michael .Professional Ethics http://ethics.iit.edu/teaching/professional-ethics 6. Abdi Jibril & Zenebe Adelahu Legal Professional ethics. Teaching Manual( available in Box)
2/23/2014 CBG OUMA & E ARUWA 2014 4

Part 1

Definition of Ethics
2/23/2014 CBG OUMA & E ARUWA 2014 5

What is ethics?
The term is derived from the Greek word ethos which can mean custom, habit, character or disposition Also described as moral philosophy A system of moral principles Ethics is the philosophical attempt to answer Socrates' question of how one should live.

2/23/2014

CBG OUMA & E ARUWA 2014

Major questions in Ethics

For the most part, ethical theories attempt to develop a system of obligations that we have towards others. Ethics deals with questions such as: 1. What is good? What makes actions or people good? 2. What is right? What makes actions right? 3. Is morality objective or subjective? 4. How should I treat others?
2/23/2014 CBG OUMA & E ARUWA 2014 7

Why study ethics?

A professional ethics course is not about preaching virtue so that immoral and amoral course participants will adopt a certain established set of beliefs. It means to increase the ability of the course participant , to first recognize and then responsibly confront moral issues whenever they arise The goal is to foster moral autonomy, i.e. the skill and habit of thinking rationally about ethical issues, as well as to improve the ability to think critically about moral matters
2/23/2014 CBG OUMA & E ARUWA 2014 8

Why study ethics?

When discussing controversial issues in legal professional ethics, we want to use the methodology of philosophy which encourages us to:
think for ourselves, think coherently and logically, form rational viewpoints, draw reasonable conclusions free from dogma, persuade each other by reason and become reasonable persons, despite the deep-seated obstacles in the native character of the human mind and in society as we know it. (where possible) to use the scientific method to analyse normative ethical propositions
2/23/2014 CBG OUMA & E ARUWA 2014 9

Part 2 Categories of ethical theories

2/23/2014 CBG OUMA & E ARUWA 2014 10

Categories of ethical theories

There are many ethical theories e.g. virtue ethics, duty ethics and consequentialism Partly to emphasize the distinctions in ethical theories, partly to facillitate orderly discussion, and partly for convenience, and philosophers group ethical theories into four categories
1. 2. 3. 4.
2/23/2014

Meta Ethics Normative Ethics Applied Ethics Descriptive ethics

CBG OUMA & E ARUWA 2014 11

Categories of ethical theories

Meta-ethics deals with the nature of moral judgement. It looks at the origins and meaning of ethical principles. Normative ethics is concerned with the content of moral judgements and the criteria for what is right or wrong. Applied ethics looks at controversial topics like war, animal rights and capital punishment http://www.bbc.co.uk/ethics/introduction/intro_1.s html
2/23/2014 CBG OUMA & E ARUWA 2014 12

Part 3
The Four Ethical Theories

2/23/2014

CBG OUMA & E ARUWA 2014

13

The Four Categories of Ethical Theories

1. 2. 3. 4. Meta-ethics Normative ethics Applied ethics Descriptive ethics

2/23/2014

CBG OUMA & E ARUWA 2014

14

Part 3-1
META-ETHICS

2/23/2014

CBG OUMA & E ARUWA 2014

15

Meta-ethics
Meta-ethics concerns the nature of ethical thought, such as the origins of the words good and bad, and origins of other comparative words of various ethical systems, whether there are absolute ethical truths, and how such truths could be known.

2/23/2014

CBG OUMA & E ARUWA 2014

16

Metaphysical issues in Meta ethics

2/23/2014 CBG OUMA & E ARUWA 2014 17

Metaphysical issues in Meta ethics

Main issue is whether morality independently of humans Metaphysical issues in meta ethics
Objectivism Relativism

exists

2/23/2014

CBG OUMA & E ARUWA 2014

18

Objectivism
Other-worldly Moral values are objective Morality is absolute eternal immutable and universal Morality exists independent of human beings
Eternal spirit like realm Divine edicts

2/23/2014

CBG OUMA & E ARUWA 2014

19

Relativism
This-worldly Moral values are human inventions Moral values shift in time and space Morality is a mental/social construct
Individual relativism Cultural relativism

2/23/2014

CBG OUMA & E ARUWA 2014

20

Psychological issues in metaethics2/23/2014 CBG OUMA & E ARUWA 2014 21

Psychological issues in metaethics Main issue is what drives our moral choices. The underlying motivation for moral behaviour. There are three categories of drivers
Egoism and altruism Emotion and reason Male and female morality

2/23/2014

CBG OUMA & E ARUWA 2014

22

Egoism and altruism

1. Egoism : self-oriented interests ultimately motivate all human actions
Hedonism :pleasure is the specific driving force behind all of our actions

2. Altruism : at least some of our actions are motivated by instinctive benevolence.

2/23/2014

CBG OUMA & E ARUWA 2014

23

Emotion and reason

David Hume : Moral assessments involve our emotions, and not our reason Reason is, and ought to be, the slave of the passions A.J. Ayer: Moral assessments are not factual descriptions
2/23/2014 CBG OUMA & E ARUWA 2014 24

Emotion and reason

Immanuel Kant
Although emotional factors often do influence our conduct, we should nevertheless resist that kind of sway. True moral action is motivated only by reason when it is free from emotions and desires

Kurt Baier,
All of our moral choices are, or at least can be, backed by some reason or justification Proper moral decision making involves giving the best reasons in support of one course of action versus another.
2/23/2014 CBG OUMA & E ARUWA 2014 25

Male and Female Morality

2/23/2014

CBG OUMA & E ARUWA 2014

26

Male and Female Morality

Main issue is whether there is a distinctly female approach to ethics that is grounded in the psychological differences between men and women Traditional morality is male-centered, Male morality is rigid and rule based There is a unique female perspective of the world which can be shaped into a value theory Female morality is flexible circumstance-based and situation oriented

2/23/2014

CBG OUMA & E ARUWA 2014

27

Part 3-2

Normative Ethics
2/23/2014 CBG OUMA & E ARUWA 2014 28

Normative ethics
Normative ethics are more concerned with the questions of how one ought to act, and what the right course of action is. This is where most ethical theories are generated. Normative ethics is the realm of a number of theories of moral obligation

2/23/2014

CBG OUMA & E ARUWA 2014

29

Normative ethics
Normative ethics seeks to establish ultimate criterion of moral conduct, whether it is a single rule or a set of principles eg the Golden rule
The Golden Rule We should do to others what we would want others to do to us

Moral behaviour is regulated by a set of rational principles

2/23/2014 CBG OUMA & E ARUWA 2014 30

Normative ethics
Ethical mandates from society and church generally do not qualify as genuine philosophical ethics because their methodology is not philosophical Ethics attempts to find through reason the best answer to Socrates question how one should live.

2/23/2014

CBG OUMA & E ARUWA 2014

31

Normative ethics
The three major theories of moral obligation are :
1. Virtue Ethics, 2. Deontology (duty ethics), and 3. Consequentialism.

2/23/2014

CBG OUMA & E ARUWA 2014

32

Part 3-2-1 Virtue ethics

2/23/2014

CBG OUMA & E ARUWA 2014

33

Virtue ethics
The leading proponent of virtue ethics is Aristotle Aristotle proposed a theory of virtue, a notion that was already a part of Greek culture. He espoused the view that the good man is one who lives in a way as to allow him to move towards the goal of man-as-such, the telos, and the way to reach the telos is to live a life of virtue
2/23/2014 CBG OUMA & E ARUWA 2014 34

Virtue Theories
Virtue theorists place less emphasis on learning rules, and instead stress the importance of developing good habits of character, such as benevolence Once the good habits are acquired one habitually behaves well n matter the circumstances Virtue theory emphasizes moral education Virtuous character traits are developed in one's youth. Adults are responsible for instilling virtues in the young.
2/23/2014 CBG OUMA & E ARUWA 2014 35

Virtue Theories
1. Acquire cardinal and important virtues Cardinal virtues: wisdom, courage, temperance and justice. important virtues: fortitude, generosity, self-respect, good temper, and sincerity. 2. Avoid acquiring bad character traits, or vices, Bad character or Vices : cowardice, insensibility, injustice, and vanity
2/23/2014 CBG OUMA & E ARUWA 2014 36

Part 3-2-2 Duty theories

2/23/2014

CBG OUMA & E ARUWA 2014

37

Duty theories
The leading proponents are Jeremy Bentham Emanuel Kant Duty theories base morality on specific, foundational principles of obligation. These theories are sometimes called deontological, from the Greek word Deon, or duty, in view of the foundational nature of our duty or obligation They are also sometimes called non-consequentialist since these principles are obligatory, irrespective of the consequences that might follow from our actions.
2/23/2014 CBG OUMA & E ARUWA 2014 38

Duty theories
A duty based moral theory considers motive or intention of the decision-maker as well as the nature of the act and its consequences(although consequences are of lesser importance). There are four central duty theories 1. Samuel Pupendorfs tripartite duty theory 2. Rights based duty theory 3. Immanuel Kant's categorical imperative 4. W.D. Rosss, prima-facie duties theory
2/23/2014 CBG OUMA & E ARUWA 2014 39

Duty ethics
Samuel Pufendorf 1. Duties towards God (know him and worship him) 2. Duties towards oneself ( to the soul and to the body 3. Duties towards others
universally binding (absolute and independent of will) conditional duties(based on contract)
2/23/2014 CBG OUMA & E ARUWA 2014 40

Duty Ethics
1. Rights based theory -Duty as a corollary of a right. 2. A right is a justified claim on someone. 3. An act is morally right if it respects and upholds rights 4. Rights are inherent(natural), universal, indivisible( equal) and inalienable

2/23/2014

CBG OUMA & E ARUWA 2014

41

Duty Ethics
The categorical imperative-(Immanuel Kant) There is a more foundational principle of duty that encompasses our particular duties. It is the categorical as opposed to the hypothetical imperative Under Kantianism, one decides if an act is right or wrong without looking at the consequences so it is an approach that is in contrast to utilitarianism
2/23/2014 CBG OUMA & E ARUWA 2014 42

Part 3-2-3 Consequentialism

2/23/2014

CBG OUMA & E ARUWA 2014

43

Consequentialism
The leading proponent is John Stuart mills Sometimes called teleological theories Correct moral conduct is determined solely by a cost-benefit analysis of an action's consequences An action is morally right if the consequences of that action are more favorable than unfavorable The end justifies the means
2/23/2014 CBG OUMA & E ARUWA 2014 44

Consequentialism
Ethical Egoism Ethical Altruism Utilitarianism
Act- utilitarianism. Hedonism Rule-utilitarianism

2/23/2014

CBG OUMA & E ARUWA 2014

45

Consequentialism
Ethical Egoism
an action is morally right if the consequences of that action are more favorable than unfavorable only to the agent performing the action

Ethical Altruism
an action is morally right if the consequences of that action are more favorable than unfavorable to everyone except the agent.

Utilitarianism(Jeremy Bentham and John Stuart Mills)

an action is morally right if the consequences of that action are more favorable than unfavorable to everyone.
2/23/2014 CBG OUMA & E ARUWA 2014 46

Part 3-3
Ethical Egoism and Social Contract Theory

2/23/2014

CBG OUMA & E ARUWA 2014

47

Ethical Egoism and Social Contract Theory

Popularized by Thomas Hobbes For purely selfish reasons, the agent is better off living in a world with moral rules than one without moral rules. Without moral rules, we are subject to the whims of other people's selfish interests. Selfishness alone will therefore motivate each agent to adopt a basic set of rules which will allow for a civilized community
2/23/2014 CBG OUMA & E ARUWA 2014 48

Part 3-4 Applied Ethics

2/23/2014

CBG OUMA & E ARUWA 2014

49

Applied ethics
Applied ethics is the branch of ethics which consists of the analysis of specific, controversial moral issues Applied ethics go beyond theory and step into real world ethical practice, such as questions of whether or not abortion is correct Its a study of ethics as it ought to be rather than as it is. Applied ethics attempts to apply ethical theory to real-life situations
2/23/2014 CBG OUMA & E ARUWA 2014 50

Applied ethics
Discipline specific ethics such as business ethics, legal professional ethics , bio ethics etc frequently deal with issues of applied ethics Applied ethics is used in some aspects of determining public policy, as well as by individuals facing difficult decisions The morality of war, euthanasia, abortion, homosexuality or lesbianism are typical issues in applied ethics
2/23/2014 CBG OUMA & E ARUWA 2014 51

Part 3-5 Descriptive Ethics

2/23/2014

CBG OUMA & E ARUWA 2014

52

Descriptive Ethics
Descriptive ethics, also known as comparative ethics, is the study of people's beliefs about morality It is a study of ethics as it is not as it ought to be It adopts a social science rather than a philosophical approach to the study of ethics Its concern is to study specific ethical codes or moral prescriptions and observed spontaneous choices on what is and what is not considered valuable

2/23/2014

CBG OUMA & E ARUWA 2014

53

3-6
Desired character traits

2/23/2014

CBG OUMA & E ARUWA 2014

54

Desired character traits

If you want to get the most out of this course and create a personal moral philosophy, try the following: 1. Intellectual Humility 2. Intellectual Courage: 3. Intellectual Empathy 4. Intellectual Integrity 5. Intellectual Perseverance 6. Fair-mindedness 7. Faith in reason
2/23/2014 CBG OUMA & E ARUWA 2014 55

2/23/2014

CBG OUMA & E ARUWA 2014

56

KSL ATP PE 2014

THANK YOU FOR YOUR PARTICIPATION From Your Course Facillitators

Charles B G Ouma & Eunice Arwa

2/23/2014

CBG OUMA & E ARUWA 2014

57

END OF PRESENTATION THANK YOU FOR YOUR ATTENTION AND PARTICIPATION

CHARLES BG OUMA & EUNICE ARUWA COURSE FACILLITATORS KSL ATP 2014

2/23/2014

CBG OUMA & E ARUWA 2014

58