Download I. Ethical Systems: An ethical system is….

Dr. Joycelyn Pollock
Ethical Decisions and Dilemmas in Criminal Justice, 7th edition
Chapter 2: Determining Moral Behavior
Learning Objectives
1. Be able to define deontological and teleological ethical systems, and explain ethical
formalism and utilitarianism.
2. Be able to describe how other ethical systems define what is moral; specifically, religion,
natural law, ethics of virtue and ethics of care.
3. Discuss the argument as to whether or not egoism is an ethical system or not.
4. Explain the controversy between relativism and absolutism.
5. Be able to identify the three consistent elements of most of the approaches to resolving
ethical dilemmas.
Chapter Outline
I. Ethical Systems: An ethical system is….
A. Source of moral beliefs
B. Underlying premise from which we make judgments
C. Beyond argument (considered fundamental truths by its owner)
D. Baelz (1977) characteristics of an ethical system:
1. Prescriptive (certain behavior is demanded or proscribed)
2. Authoritative
3. Impartial / universal (rules apply in all cases)
4. Are not self-serving
II. Deontological and Teleological Ethical Systems
A. Deontological system: concerned with the act, not the outcome
1. Ethical Formalism is an example
2. Actions are judged according to motive and intent
3. “Absolutist” system: actions which are wrong are always wrong
B. Teleological system: concerned with the consequences of an act
1. Utilitarianism is an example
2. Emphasis is on the outcome of actions, regardless of motive or intent
3. Morality of an action judged by whether it’s good for the majority
4. Needs of society outweigh the needs of the individual
5. Actions are influenced by hedonism (a desire to seek pleasure and avoid pain)
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III. Other Ethical Systems
A. Religion
1. Provides moral guidelines for how to live one’s life
2. Authority of God’s will is beyond question
3. Many have similar moral principles
B. Natural Law
1. Consists of a universal set of “rights” and “wrongs” but without a supernatural
figure
2. Morality is part of the natural order of the universe
3. What is good is what is natural; what is natural is what is good
C. The Ethics of Virtue
1. Rather than actions, focuses on what makes a good person
2. In order to be good, one must do good
3. Moral virtue is attained when one displays the median between extremes of
character (“principle of the golden mean”)
4. We are neither good nor evil by nature; we become so through our habits
5. “Six Pillars of Character:” Trustworthiness, respect, responsibility, fairness,
caring, citizenship
D. The Ethics of Care
1. Emphasis is on human relationships and needs
2. Basis of human action is humans’ natural compassion
3. Recent concept of “peacemaking justice” reflects this system
IV. Egoism: Ethical System or Not?
A. What is good for one’s survival and happiness is moral
B. Psychological egoism: humans are egoist by nature and instinct
C. Enlightened egoism: we act in accordance with our personal long-term welfare
D. Proponents include Adam Smith and Ayn Rand
V. Other Methods of Ethical Decision Making
A. Krogstand and Robertson’s three principles
B. Ruggiero’s three criteria
C. Close and Meier: five questions; relate closely to Criminal Justice
D. Three F’s: Get the Facts, Front page test, Formula
VI. Relativism and Absolutism
A. Ethical relativism: what is good or bad changes depending on the person or group
B. Cultural relativism: defines good as that which is best for society
C. Principle of forfeiture: those who harm another’s well-being forfeit their right to their
own well-being
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VII. Toward a Resolution: Situational Ethics
A. Seeks to resolve the divide between relativism and absolutism
B. Hinman’s “moral pluralism”
1. There are basic principles of right and wrong
2. These principles can be applied to ethical dilemmas and moral issues
3. These principles may call for different results in different situations
VIII. Resulting Concerns
A. Moral questions can be decided in different ways under the same ethical system
B. Knowing what is right is no guarantee that one will always do the right thing
C. Few people consistently use only one ethical system to guide their decision-making
Lecture Notes
This chapter moves the course into definitions of prominent ethical systems and their
characteristics. Understanding these key components will be useful in upcoming chapters when
we analyze the ethical challenges specific to Criminal Justice role-players.
An ethical system is the source of one’s moral beliefs and the underlying set of rules from which
we make judgments. Once developed, an ethical system is considered a fundamental truth by its
owner. Baelz suggests that ethical systems demand or proscribe certain behavior, are
authoritative, apply universally and impartially, and are not self-serving.
Deontology and Teleology are opposing types of ethical systems. Deontological systems focus
on the person’s actions, not their outcomes. An action that is moral in intent is acceptable,
regardless of its effects or outcome. “Ethical formalism” is an example of a deontological ethical
system. On the other hand, a teleological system focuses on the outcome or effect of the action.
For example, a teleological ethical system would support the warrantless surveillance of a
suspect if it led to a conviction. Utilitarianism , the belief that the needs of greater society
outweigh those of the individual, is an example of a teleological system.
The chapter next looks at other types of ethical systems, including those rooted in religion and
those that stem from natural law. The “ethics of virtue” system focuses on those characteristics
that make a good person, and suggests that in order to be a good person, one must do good acts.
Last, the “ethics of care” focuses on human relationships and needs. The tenets of the concept of
“peacemaking justice” can be found in this system.
Next the chapter considers whether egoism qualifies as an ethical system according to the
definition laid out earlier. Egoism is focused on the idea that it is moral to act in accordance with
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what is best for one’s own survival and happiness. We can see how egoism is reflected in the
ideals of Adam Smith and Ayn Rand.
Next the chapter outlines principles and criteria suggested by several authors for ethical decisionmaking. The five questions offered by Close and Meier relate to Criminal Justice:
1. Does the action violate another person’s constitutional rights, including the right of due
process?
2. Does the action involve treating another person only as a means to an end?
3. Is the action illegal?
4. Do you predict that your action will produce more bad than good for all persons affected?
5. Does the action violate department procedure or professional duty?
Chapters five and six will look at police decision-making on the job, and it will be helpful to
refer back to these guidelines. The author concludes with the “three F’s” of decision-making:
obtain all facts (including the effects of prospective decisions), evaluate whether we’d be
comfortable with our decision appearing on the front page (in public view), and consider one’s
principles to be like a formula – applicable in all situations.
The next two sections look at whether any system of ethics can be absolute (always in effect) or
relative (conditional according to the circumstances). The authors offer Hinman’s “moral
pluralism” as a resolution of this dilemma. According to Hinman, there are basic principles of
right and wrong, these principles can be applied to ethical dilemmas and moral issues, and they
may call for different results in different situations.
The chapter concludes with the observation that moral questions can often be decided in different
ways under the same ethical system, depending, for instance, on the information available and its
interpretation. Further, simply “knowing” what is ethical is no guarantee that one will behave
ethically. Last, most people guide their decision-making according to more than one ethical
system.
Class Discussion/Activities
1. Prepare a handout that includes only the “area” column from box 2.2 (Aristotle’s Catalog of
Virtues). Challenge the students to work in small groups and attempt to define the defect, mean,
and excess definitions for each area. Have them share and discuss their work, then provide them
with the actual definitions.
2. Discuss the concept of egoism and examine its practical applicability to today’s world. How
does egoism relate to today’s controversial topics such as the economy, universal health care,
taxes, etc?
3. For discussion: In what ways does the “principle of forfeiture” apply to today’s correctional
systems? Are there limits to this principle?
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Assignments
Each of these assignments may be assigned as written work, or to be presented verbally in class:
1. Would Emmanuel Kant or Jeremy Bentham be the better choice to be a general in charge of
the military efforts to fight terrorism? Consider how “ethical formalism” and “utilitarianism”
apply.
2. Explain how the concept of Natural Law developed into what we now recognize as the “social
contract.” Show how this relates to the making and enforcing of laws.
3. Choose which of the major ethical systems most closely matches your personal views, and
explain how you arrived at this choice. Is this ethical system absolute, or is there a “situational”
exception to the rule?
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