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Home , Role ethics, Situational ethics

A Primer on Decision Making

through Ethical Analysis

John Frye, MA Department of Biophysics, Case Western Reserve University Cleveland, Ohio 44106

Introduction

What follows is a brief overview of the primary approaches to ethical analysis, together with examples illustrating their use in decision making. The purpose of ethical analysis might be succinctly taken to be determining what is right and wrong, and why that is the case. But it can also have more personal effects. Ethical analysis can look backward, helping to explain and respond to feelings of remorse or pride concerning past actions. It can help address the present: we engage in ethical reflection and decisions every day, and having a more explicit understanding of the process and goals can help us make the better decisions faster. and ethical analysis are perhaps best directed toward the future, to help each of us discern the best way to unite our immediate choices with our long-term goals of being happy, doing right, and making ourselves and the world a little better. Ultimately, we have to live with our own choices, past, present, and future, and ethical analysis can help us find those choices that best allow us to sleep well at night.

When talking about ethical analysis, three fundamental concepts always come up: values, /, and persons. These concepts form the foundations of different approaches to ethical analysis. Values are the things and goals we associate with the life. Human life is generally improved by the presence or addition of health, friends, knowledge, freedom, love, , etc. Ethical theories that based on the goal of increasing such values fall under the umbrella term Consequentialist Ethics. Rights place limits or requirements on our actions; all claims of political rights, property rights, and have moral foundations, and result in duties to avoid infringement on the rights of others. Other duties, such as keeping promises and making restitutions, describe general rules of moral conduct. Ethical theories based on adherence to duties and rights are labeled . The third fundamental concept focuses less on discrete actions or goals and more upon the moral agents who are making them. We can speak of a good choice, but we can also speak of a person of good character, and we can discern what makes up such character, and how to encourage it within ourselves. Ethical theories centering on character are generally categorized as Ethics.

(Note: for this primer, ethical theories will appear in bold, while important concepts that help explain a theory and how it is used will be italicized.)

1 A Primer on Decision Making through Ethical Analysis For example, the rule “Lie only if you and other relations present and Consequentialist know it will make people happier”, future, and compares them to the rather than the rule “Never lie”, might baseline of him attending. Does the Ethics follow from rule-. This fun he will have in his free time type of reasoning is familiar from outweigh the unhappiness of his Consequentialist Ethics refers to certain social customs, polices, and teacher, any classmates who miss the belief that whether an action or codes of ethics, which put forth rules his presence, and the future moral rule is right or wrong depends like being courteous or not falsifying disappointment he will feel in himself solely on the consequences of that data in a research study. for not knowing what was covered in John Stuart Mill action or rule. The most well-known class (such as when it is on a test)? consequentialist theory is that Utilitarianism is the most Whichever choice has the highest of utilitarianism, advocated by commonly referred-to example of net-balance of happiness is the philosopher John Stuart Mill. In , but it is not the choice that is ethically right for him utilitarianism, when a person has to only one. Ethical egoism holds that to make. choose between various possible the right action is whatever makes actions, a person should perform the only the individual person the Surgeon Sara is operating on a action that leads to the greatest happiest (in the short and long term). patient when she realizes he is a happiness (or welfare) for the Some libertarian ethics hold that perfect tissue match for several greatest number of persons. This one’s actions should increase other persons dying of organ failure. idea explains why we have moral freedom for all rather than If her current patient dies on the intuitions holding murder and lying happiness. holds table, his organs can be transplanted to be wrong, because very often they that one’s actions should have into the others, saving several lives. lead to less happiness than the consequences that express the Sara calculates the effects on general alternatives. But if telling a lie most love. What these and other happiness of killing her patient on (for example, to a Nazi soldier consequentialist theories share is herself (will she be caught?), the searching for Jews hiding in your the idea that only the consequences patient who will die, his ’s house) provides for greater happiness of an act (or rule) matter. resulting sadness, the others who to more persons than telling the will be saved, and their ’ truth, consequentialism would say Consequentialist Ethics in Action resulting joy. Will killing one person that the ends justify the means. Using a such as happiness secretly in order to allow her to save This version of utilitarianism is called (for utilitarianism) to be the measure many lives result in a net gain to act-utilitarianism, because every of what is good in life, and a way overall happiness? If the answer action is looked at in isolation. to quantify it on the individual and is yes, the ethically right choice societal scales, the moral agent for Sara is to kill her patient; if the Act-utilitarianism sometimes leads should perform the calculations to answer is no, she should perform to conclusions that violate many determine the change in happiness the surgery normally. persons’ moral intuitions about right resulting from each possible choice. and wrong–for example, one might The will be whichever (Note: for Rule Consequentialism, conclude that it is ethically correct choice (including not doing anything) Steven can ask whether the rule of to intentionally kill one person in leads to the greatest amount of being able to skip class whenever you order to save the lives of several total happiness. Consider the two want is better than the rule of always others (see example below). To following situations. attending. Similarly, Sara can ask overcome this problem, another whether the rule of killing one patient version of utilitarianism exists, called Student Steven considers whether to save many when you can get away rule-utilitarianism, in which one to skip class, so he calculates the with it is better than the rule to never follows the general rule of action effects of his missing class on kill one patient to help others.) that provides the greatest himself (extra free time but missing happiness/welfare for the greatest knowledge), his classmates, teacher, number.

A Primer on Decision Making through Ethical Analysis 2 Critique of Consequentialist Ethics human rights having no meaning order to actually compare different Consequentialist Ethics explains beyond being just convenient rules consequences; one convenient way most common sense rules of with exceptions. According to of doing so—using monetary and their exceptions. In fact, consequentialism, actions such as amounts for cost-benefit analysis— it seems wrong to ever knowingly exploitation, torture, rape, and seems to demean human life by choose a worse outcome over a genocide have nothing bad about putting a dollar value on it. better one. Criticisms of them except their consequences. It is consequentialism center around also difficult to quantify the happiness (or freedom, love, etc.) in

Deontological Ethics

Deontological ethics refers to certain good consequences (for oneself theories in which various rules or or for others). duties exist which make actions right or wrong, independent and regardless These rules obviously judge things of their consequences. The theory like murder and slavery to be most associated with deontological immoral, but Kant argues that they ethics is Kant’s categorical would also consider all forms of imperative, which can be described lying to be immoral, even if the lie is in two ways. First, it is always wrong carried out for the best of reasons or to use someone as a mere means to consequences. Lying fails both tests your own ends or goals, even if the for the : lying consequences are very good for deceives the person lied to, using everyone. (Note that this rule would them and their gullibility as a means not make employing persons such as to one’s own goals (even if those waiters or drivers immoral; it would goals are good); and, if everyone be moral to employ the waiter or lies whenever they want, trust would driver if you respect their personhood not exist, and so lying would not and do not merely use them to serve successfully deceive anyone if or drive you). Second, you have a everyone lied. Despite Kant’s to only follow the morals rules that argument, the rule “Never lie no would work if everyone else lived by matter what” remains difficult for them too; this would make things most persons to accept. like freeloading or mooching off of relatives/friends immoral, because There are several other forms of if they tried to do the same to you the deontological ethics. Divine command system would collapse. According to theory holds that certain actions Kant, obedience to these rules/duties are right and wrong regardless of should be the only motive in the consequences because they have decision, not a desire for happiness or been so ordered by God; so murder

3 A Primer on Decision Making through Ethical Analysis is wrong not because of the assessment of how much a student gunman the truth about her patient consequences, but because of (for knows, and so the tests become being Mr. Smith. example) the Ten Commandments. worthless. The tests therefore would Some versions of Human rights have no weight in a grading system, Critique of Deontological Ethics theory, for example, say that torture, and so cheating in this world would murder, rape, genocide, etc., are not get a student a better grade. Deontological Ethics has an appeal always wrong no matter what Thus, allowing everyone to follow the in that certain actions such as consequences might try to justify rule undermines the rule itself. Since torture, slavery, and genocide are them. Here, the mere fact that Steven would only want to cheat if wrong, and other actions such as someone is human makes treating most others did not, through this keeping promising or telling the truth them in certain ways morally wrong. ethical analysis he would decide that are right, simply because of how he should not cheat. these actions treat humans and Deontological Ethics in Action without having to examine their Surgeon Sara is operating on a consequences. There seem to be According to the categorical patient when a man with a gun times when doing the right thing imperative, we have a duty to only breaks in and demands to know if the ought to take precedence over just follow rules that would work if patient is a certain Mr. Smith, whom making everyone happy (or otherwise everyone follows them, and a duty the gunman wants to kill. Sara knows focusing only on consequences). never to use anyone as a means that the patient is in fact Mr. Smith; On the other hand, using rules you to an end. Consider the following she also believes that if she tells the believe in to justify letting others be two cases. gunman that Mr. Smith has been worse off (if the consequences of discharged, he will leave the hospital disobeying the rule lead to a better Student Steven wonders whether he and can be picked up later by police. outcome) seems self-centered – for should cheat on a test. He would be However, telling a lie to the gunman example, not torturing someone who following the rule “You should cheat is using him (his gullibility) as a knows the location of a nuclear bomb on a test when doing so gets you a means to her own end (saving Mr. about to explode. Some versions better grade.” He considers a world Smith’s life). Since it is always wrong of Deontological Ethics also offer where everyone cheats whenever to use someone as a means to an insufficient guidance when two they can get a better grade; in such a end, Sara’s decision based on this rules conflict with each other in a world, tests are no longer an ethical analysis would be to tell the particular situation.

Virtue Ethics

Virtue ethics refers to the set of moral theories that are for making an ethical decision is to consider what a very not focused on particular actions, but rather virtuous person would do if they were confronted with argue that matters of character—striving to be virtuous the same situation. In modern Christianity, the slogan and avoid vices—come first. Virtue ethics starts by “What Would Jesus Do?” is an example of applying the considering the purpose of being human or what it virtuous person test to one’s own actions. Other moral means for a human to flourish, then looks at the exemplars (virtuous persons) commonly referred to are character traits that result from this consideration, and , Benjamin Franklin, Mohandas Gandhi, and only then examines at how those character traits Martin Luther King, Jr. determine the actions should be chosen. One method

A Primer on Decision Making through Ethical Analysis 4 Related to and sometimes included Surgeon Sara is in line for a with virtue ethics theories are those promotion. While at a hospital social that emphasize relationships. Such event, her boss catches her eye and theories include the walks over. Normally self-effacing of care, which focuses on how and somewhat critical of the hospital persons are interdependent and administration, Sara wonders how to must work together and care for each make a good second impression with other, emphasizing that morality is her boss. She wants to be honest not a choice between options, but a about her own merits, but not to the matter of continually working with point of being boastful. She wants others to achieve results. Other to be friendly with her boss (showing ethics that focus on relationships him she can work well with others), include Confucian , which but not to the point of being look at how individuals should flattering or overly familiar.

Aristotle interact based upon what She should choose her words and relationship they have, e.g., parent- manners appropriately to best The prime example of virtue ethics child, ruler-subject, friend-friend, etc. inform her boss of what her previous attitude and history may not have is that of . His notion of human flourishing was guided by the Virtue Ethics in Action shown him: her competence in rational ability that humans alone In Aristotelian virtue ethics, surgery and with people, and her possess, and place value on a life of lie on a golden mean in between two ability and desire to continue upward contemplation that should temper extremes which are vices, such as on her career path. our other desires for things like bravery lying between cowardice and pleasure or honor. Aristotle noted recklessness. Each person’s traits Critique of Virtue Ethics that many virtues, such as courage, and history, as well as the Virtue Ethics has appeal in that fall between two vices, in this case circumstances they are facing, will what is good in the real world seems cowardice and recklessness. Other dictate which action best exemplifies to be more about people and less examples are the virtue of modesty the balance between the two about choices taken in abstract. falling between the vices of shyness extremes of character traits that a Virtue Ethics emphasizes prudence and shamelessness, and the virtue person should strive for. and judgment rather than duties of financial responsibility falling or calculations of consequences. between the vices of miserliness and Student Steven has been asked to A difficulty in using virtue ethics extravagance. Contemplation is join his friends at a party, but he has as a guide is that there is no clear necessary for a person to discern and a project due tomorrow. He wants to decision procedure that enables pursue their own golden mean, which be available to his friends, but not to a person to know what is right is the proper balance between the the point of being at their beck and or wrong, particularly when the two extremes that is most virtuous call. He wants to reliably meet his guidance suggested by two virtues for themselves; this is the virtue of deadlines, but not to the point of (or two virtuous persons) may conflict prudence, or practical wisdom. This being a workaholic. Depending on with one another. Furthermore, view was later taken up and Steven’s track record with class and virtues and moral exemplars may his friends, he should try to strike a vary between cultures, while morality expanded by Christian philosophers, notably . In the past balance where he is able to finish his should be universal. century, there has been a resurgence assignment and still have fun with in secular virtue ethics, drawing on his friends; this may be leaving the its classical roots and continuing to party early or arriving late, prioritizing focus on character, balance, and the next party by getting his work practical wisdom. done earlier, or proposing to take his friends out the next night.

5 A Primer on Decision Making through Ethical Analysis Case Study

There is industry-wide concern regarding safety improvements), for their health, for their a recent upswing in the number of deaths own goals in life that are served by agreeing among technicians who service cell phone to this contract? Or are the technicians being towers. Proportionally, it is one of the most encouraged to work as fast as they can to dangerous jobs in the nation. The continual increase the company’s bottom line? From the efforts of the competing wireless services to perspective of the technicians, are they using outdo each other with higher speeds or their employer merely as a means to an end expanded coverage has resulted in the crews (a way to get a paycheck)? Or are they of contract technicians working longer shifts following their duties to abide by the safety and taking fewer days off (if any) in attempts rules, and to give feedback to managers when to meet deadlines put forth by the wireless they observe possible safety issues. For the companies. Ultimately each technician is company directors, are they following their responsible for his or her own safety, but it is duties by providing the managers with a concern that incentives such as pricing based resources to allow the work to be done safely, on time of completion, or the possibility of and providing realistic expectations that do landing more contracts, may create a working not pressure the manager to act rashly, etc.? environment that favors cutting corners over safety. At the same time, restrictions on Virtue Ethics: contractual work based on safety concerns Looking first at the character of the individuals would result in a higher cost and slower involved, a virtue ethics response must upgrade/expansion time for wireless carriers, expansion and data rate improvements slow begin with a series of questions. Following negative consequences that would be so as to adversely affect other areas of society, Aristotle’s golden mean approach, we can ask passed on to cell phone users. It also may and if so to what extent? Will the general whether the various persons involved have let themselves fall away from the mean into disproportionately affect the smaller carriers happiness (for utilitarianism) be adversely trying to expand service, or carriers trying to affected by these safety measures, and if so is a vice that tends toward an extreme. Are the upgrade their data speeds on many towers, the resulting drop in overall happiness made managers stingy with their money, such that while favoring those who can distribute the up for by the happiness of the lives of those they would accept risks to others if it saved cost among a larger number of subscribers. who are saved (and their friends/family)? them money? Are the contractors rash, taking What is the appropriate ethical response? With a value such as happiness that is to be on jobs they know will strain their technicians the measure of what is good in life, and a way but ignoring the added risk? Are the to assign a number to it and calculate it on the technicians avoiding reckless behavior, while Consequentialist Ethics: individual and societal scales, perform the safely and courageously doing their job? Or are The question becomes how to balance calculations to discover the value for each the technicians greedy, seeking bonuses and reducing the risk to these contracted service option. Whichever policy choice (including not additional work at the expense of their own technicians with the increased cost and other doing anything) leads to the greatest amount safety precautions? Are the company directors consequences. There will likely be a series of of total happiness, becomes the ethical choice selfish, more concerned with their profits than with the lives of those who work for their proposals to address the situation, that might for the utilitarian version of consequentialism. include any of the following: police the towers company? Are all sides honest, sharing information about the strains faced by the more stringently with on-the-job spot checks Deontological Ethics: to enforce safety measures; require additional First we must look at whether any duties technicians, and the adequacy of their safety proof of safety training, or additional safety or rights have been violated. Which duties training? Are consumers selfish, more training time; place limits on contractual or rights we look at depend on which concerned with their mobile phones than with agreements that require a certain minimum deontological theory is considered, as well the lives of those who enable them to work? of service time per tower serviced, or mandate as the role of the person. Using Kant’s From such questions we can begin to form a picture of what virtues are present or absent maximums of 10 work-hours per day or categorical imperative, we can ask, from 6 work-days per week; and so forth. Consider the perspective of the managers, are the in the situation, and then can consider how all variations of such policies, and their contracted technicians merely being used each party can best be virtuous by avoiding resulting consequences. How many lives are as a means to an end (the servicing of the cell the extremes of vice, and then how that virtue projected to be saved? What are the direct towers), or do the contractual arrangements will be exemplified in particular policies costs to the companies, the technicians, and respect them as full persons: Are appropriate and actions. the consumers? What are the indirect results allowances made for the technician safety of such policies, e.g., will any companies have (e.g., providing the necessary equipment unfair advantages, will the rates of network and training, and instituting appropriate incentives/disincentives to follow safety rules, requesting and responding to feedback for

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