Consequentialism Consequentialists maintain that whether an action is morally right or wrong depends on the action's consequences. In any situation, the morally right thing to do is whatever will have the best consequences. Consequentialist theories are sometimes called teleological theories. Note: not ‘theological’ – this is a misprint in the notes (6-5) What Kind of Consequences? Consequentialism isn't very informative unless it's combined with a theory about what the best consequences are. Utilitarianism is such a theory. – Utilitarianism is the most influential variety of consequentialism Utilitarianism The Basis of Utilitarianism: ask what has intrinsic value and assess the consequences of an action in terms of intrinsically valuable things. – Instrumental Value - a thing has only instrumental value if it is only valuable for what it may get you e.g., money – Intrinsic Value - a thing has intrinsic value if you value it for itself i.e., you’d value it even if it brought you nothing else What, if anything, has intrinsic value? Only Happiness has Intrinsic Value What Utilitarians Think Is Intrinsically Valuable: happiness (or pleasure or satisfaction…) "actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness." (John Stuart Mill's Greatest Happiness Principle) In other words, judge an action by the total amount of happiness and unhappiness it creates Utilitarianism An Introduction to the Moral Theories of Jeremy Bentham and John Stuart Mill Ethical Judgments Ethical philosophy differs from the sciences because it is normative or prescriptive, rather than descriptive. In other words, ethics tell us how we ought to act or what we should do, while the sciences are more likely to observe how things are in nature or society. Making Ethical Judgments Areas of Emphasis in Making Moral Judgments Purpose or Act, Rule, Motive or Maxim Results or Consequences Making Ethical Judgments in Utilitarianism Utilitarianism says that the Result or the Consequence of an Act is the real measure of whether it is good or bad. This theory emphasizes Ends over Means. Theories, like this one, that emphasize the results or consequences are called teleological or consequentialist. Jeremy Bentham Bentham’s Formulation of Utilitarianism Man is under two great masters, pain and pleasure. The great good that we should seek is happiness. (a hedonistic perspective) Those actions whose results increase happiness or diminish pain are good. They have “utility.” Jeremy Bentham’s Hedonistic Calculus In determining the quantity of happiness that might be produced by an action, we evaluate the possible consequences by applying several values: Intensity, duration, certainty or uncertainty, propinquity or remoteness, fecundity, purity, and extent. Four Theses of Utilitarianism Consequentialism: The rightness of actions is determined solely by their consequences. Hedonism: Utility is the degree to which an act produces pleasure. Hedonism is the thesis that pleasure or happiness is the good that we seek and that we should seek. Maximalism: A right action produces the greatest good consequences and the least bad. Universalism: The consequences to be considered are those of everyone affected, and everyone equally. Two Formulations of Utilitarian Theory Greatest Happiness: Principle of Utility: The best action is that which produces the greatest happiness and/or reduces pain. We ought to do that which produces the greatest happiness and least pain for the greatest number of people. Two Types of Utilitarianism Act: An Action is right if and only if it produces the greatest balance of pleasure over pain for the greatest number. (Jeremy Bentham) Rule: An action is right if and only if it conforms to a set of rules the general acceptance of which would produce the greatest balance of pleasure over pain for the greatest number. (John Stuart Mill) Application of Utilitarian Theory If you can use eighty soldiers as a decoy in war, and thereby attack an enemy force and kill several hundred enemy soldiers, that is a morally good choice even though the eighty might be lost. If lying or stealing will actually bring about more happiness and/or reduce pain, Act Utilitarianism says we should lie and steal in those cases. Application of Utilitarian Theory Actual Cases The Ford Pinto case: A defective vehicle would sometimes explode when hit. The model was not recalled and repaired by Ford because they felt it was cheaper to pay the liability suits than to recall and repair all the defective cars. J. Bentham (1748-1843) Utilitarianism: the good is the greatest amount of happiness for the greatest number J. S. Mill (1808-73) Bentham: the hedonic calculus is based on the intensity, duration, certainty, immediacy, fecundity, purity, & number of people J. S. Mill: the quality of pleasures needs to be considered, determined by competent judges Objection: this is elitist; why not use the criterion for evaluating pleasures to judge morality itself? Variations of Utilitarianism Act utilitarianism: we are obligated to do the specific act that produces the greatest amount of happiness (regardless of rules or justice) Objections: • consequence calculation is difficult • the end justifies the means Rule utilitarianism: we should follow moral rules that, when acted upon, generally produce the greatest amount of happiness Objections: • what about when rules conflict? • in some cases, why not exceptions? Reply: then why have any theory at all? Ford Pinto and utilitarian ethics What are the essential features of utilitarianism? • Consequentialist • Maximise pleasure (Bentham) or happiness (Mill) • Calculate empirically balance of pleasure over pain or happiness over misery • Tends to ignore individual rights, classic criticism – minority is sacrificed for majority • Does Mill’s rule utilitarianism get round this problem? Aims of this lesson • Revise utilitarian ethics • Link it to cost-benefit analysis used by businesses • Consider the case of the Ford Pinto (1972) • Evaluate whether utilitarian ethics is to blame – does the criticism hold good? We start by viewing a Youtube clip on the Ford Pinto. What are three key facts you can find? View actively! http://www.youtube.com/watch?v=qHGbrlufr yw http://www.youtube.com/watch?v=qHGbrlufr yw Style over safety? • Because of styling and cost constraints, locating the gas tank over the axle, which was known to prevent fire in rear-end crashes, was undesirable. The Pinto had to sell for $2,000. • The axle arrangement, in concert with styling constraints, resulted in a small luggage compartment that would be limited in carrying long objects such as golf clubs. • To increase the size of the luggage compartment, the gas tank was relocated to the car’s rear (Strobel, 1994) This fault meant that Ford’s own test result = explosion in 8/11 tests Some cost /benefit facts • The piece of plastic cost $11 a car to fit • Estimated cost of fitting $137m • Estimated cost of casualties $48m in compensation • But ….. a problem with utilitarian ethics is we cannot know precisely what the consequences will be…. • Actual compensation cost was millions, and in 1978 a recall took place anyway. Reputation and ethical outcomes • 500 burn fatalities in crashes (Dowie, 1977). Two million Pintos were sold. • In September 1978, Ford issued a recall for 1.5 million 1971-76, making it the largest recall in the industry up to that time. • One result was the largest personal injury judgment ever ($6.6m awarded). • In the 1979 landmark case State of Indiana v. Ford Motor Co., Ford notoriously became the first American corporation ever prosecuted on criminal homicide charges. Ford was found not guilty in March 1980 (Schwartz, 1991). Evaluate • Is cost/benefit analysis to blame – or poor cost/benefit analysis based on Government figures ($200,000 per human life)? • Is utilitarian ethics to blame? Or a failure to do a proper analysis of likely consequences based on known facts – that in two-thirds of rear end crash tests the tank exploded? INTRODUCTION • Demand for sub-compact cars • Designed in May of 1968 by the vice-president of Ford Motor Company, Lee Iacocca • Weighed 2000 pounds, cost $2000 and manufactured in 2 years 29 COUNTERPARTS Volkswagen Beetle Ford Pinto 30 SAFETY DOESN’T SELL? There was a corporate belief, attributed to Lee Iacocca himself, which stated "safety doesn't sell.” “This became a corporate belief what we can see where it led the Ford motor company, i.e. towards a hasty design of Ford Pinto which eventually came out as being hugely defected”. 31 THE ACCIDENTS • In May 1972, Lily Gray was traveling with thirteen year old Richard Grimshaw in a 1972 Pinto car. • Their car was struck by another car traveling approximately thirty miles per hour. • The impact ignited a fire in the Pinto • Killed Lily Gray and left Richard Grimshaw with devastating injuries. • Jury awarded $560,000 to the Gray family and $2.5 million to Grimshaw in compensatory damages. 32 THE ACCIDENTS • It was observed that collisions from the back at over 30 miles per hour would cause the rear of the car to buckle up, right up to the back seat. 33 THE ACCIDENTS • Ford was involved in yet another controversial case involving the Pinto. • The automobile's fuel system design contributed to the death of three women on August 10, 1918 • Their car was hit by another vehicle traveling at a relatively low speed by a car driven by a drunk man. • The fact that Ford had chosen earlier not to upgrade the fuel system design became an issue of public debate. 34 35 THE ACCIDENTS • On August 10, 1978, on U.S Highway 33, a van weighing over 400 pounds traveling at fifty five miles an hour stuck the stopped Pinto, resulting in the death of two teenage girls, one severely injured, when the car burst into flames. 36 THE ACCIDENTS • Colliding with the Pinto at 31 mph or above • There were chances that its doors would jam and the trapped passengers would get burned to death. 37 QUESTIONABLE DESIGN The design of Pinto was questionable. The design problems first came into public attention in August,1977 in an article of “Mother Jones Magazine”. This article condemned the Ford Motor Company and the author was later given a “Pulitzer Prize” 38 39 THE PROBLEMS • The controversy surrounding the Ford Pinto concerned the placement of the automobile's fuel tank. It was located behind the rear axle, instead of above it. • The problem with this design was that it made Pinto more vulnerable to rear-end collisions. • The gas tank and the rear axle were separated by only nine inches. • There were bolts that were positioned in a manner that threatened the gas tank. • Finally, the fuel filler pipe design would disconnect from the tank in the event of an accident, causing gas spillage that could lead to dangerous fires. 40 HOW FORD DEFENDED ITSELF ? After these accidents, the Ford motor company decided to do a risk/benefit analysis based on the improvement of the fuel tank. Ford stated that its reason for doing a risk/benefit analysis was that the National Highway Traffic Safety Administration (NATSA) required them to do so.. The risk/benefit approach excuses a defendant if the monetary costs of making a production change are greater than the "societal benefit" of that change. 41 THE BPL FORMULA Ford used the BPL formula to carry out a cost/benefit analysis. Back-end story: This formula was based on a case of Anna C who lost cargo in a river. She appealed for the recovery of lost cargo in court. The loss was also due to her negligence so the court defined some boundaries, and Judge Learned Hand presented the theory of negligence down to an algebraic equation B<PL Where B = Burden of adequate precautions P= probability that the defendant’s actions will result in an accident L= loss/cost of accident if it occurred. 42 DEFINITION OF BPL If the expected harm exceeded the cost to take precaution, the defendant was obligated to take the precaution, and if they did not, would be held liable. If the cost was larger than the expected harm, the defendant was not expected to take the precaution. If there was an accident, he was not found liable. 43 COST BENEFIT ANALYSIS The first cost benefit analysis showed the cost per vehicle = $11 Ford's Cost/Benefit Analysis Benefits and Costs Relating to Fuel Leakage REFERENCE : From Ford Motor Company internal memorandum: "Fatalities Associated with Crash-Induced Fuel Leakage and Fires." Source: Douglas Birsch and John H. Fielder, THE FORD PINTO CASE: A STUDY IN APPLIED ETHICS. BUSINESS, AND TECHNOLOGY. p. 28.1994. 44 COST BENEFIT ANALYSIS One document that was not sent to Washington by Ford was a "Confidential" cost analysis Mother Jones has managed to obtain, showing that crash fires could be largely prevented for considerably less than $11 a car. • The cheapest method involves placing a heavy rubber bladder inside the gas tank to keep the fuel from spilling if the tank ruptures • On December 2, 1970 (two years before Echold sent his costbenefit memo to Washington), Ford Motor Company ran a rear-end crash test on a car with the rubber bladder in the gas tank. The tank ruptured, but no fuel leaked. • On January 15, 1971, Ford again tested the bladder and again it worked. The total purchase and installation cost of the bladder would have been $5.08 per car. 45 COST BENEFIT ANALYSIS Ford's Cost/Benefit Analysis at $5.08 Per Fuel Tank Replacement REFERENCE : Mark Dowie, Pinto Madness, Mother Jones, Sept./Oct. 1977, at 20. 46 ETHICAL ISSUES • Evidence indicated that cost of making improvements to gas tank could have been as low as $5.08 per vehicle. • If the costs were around $5.08 per vehicle, the Ford motor company would not have had as strong a risk/benefit argument as with the $11 figure provided. 47 ETHICAL ISSUES • Ford made decision not to make improvements to the gas tank after completion of the risk/benefit analysis. • Ford did not make adjustments to the Pinto design because the $11 cost was too high • Ford did not consider the lives which would be saved if the adjustment was made. 48 ETHICAL ISSUES • Ford set “limits for 2000” for Pinto. • The car was not to exceed $2000 in cost and 2000 pounds in weight. • After crash testing, it was revealed that fuel tank burst at 31 mph collision (internal design issue) • Ford must have considered internal design issues, “limits for 2000” cost the lives of people. 49 RISK BENEFIT ANALYSIS VS ETHICS • The company chose not to implement the design, which would have cost $11 per car (according to Ford) even though it had done an analysis showing that the new design would result in 180 less deaths. • The company defended itself by saying that it used the accepted risk/benefit analysis to determine if the monetary costs of making the change were greater than the societal benefit. 50 RISK BENEFIT ANALYSIS VS ETHICS Some things just can't be measured in terms of dollars, and that includes human life. • Based on the numbers Ford used, the cost would have been $137 million versus the $49.5 million price tag put on the deaths, injuries, and car damages, and thus Ford felt justified not implementing the design change. • It is unethical to determine that people should be allowed to die or be seriously injured because it would cost too much to prevent it . 51 NHTSA STANDARD • The "benefit side" of the equation contains the most controversial number of the analysis--the value of a human life. • The number quantifying the price of a value life ($200,000) is what makes this problem so difficult. It is hard to decide what a life is worth, but most people feel the value of theirs is greater than $200,000. While this $200,000 figure was the most controversial of the equation, it was not determined by Ford. • In 1972, the National Highway Traffic Safety Administration (NHTSA) provided the auto industry with the number $200,725 as the value to be utilized in risk/ benefit analysis. 52 53 RESPONSIBILITY OF FORD EMPLOYEES • Were the employees morally responsible to refuse to produce a car they knew would hurt the customer? • Should they have put more effort into convincing Iacocca that this car was unsafe? • Should they follow Iacocca’s commands regardless of their opinions since he is their superior in the company? 54 MORE ETHICAL QUESTIONS Should Ford have trained his managers and presidents in safety? Does Ford have a responsibility to design a culture that encourages employees to bring up safety defects? Does Ford need to have a new policy that puts the has safety of their products more important than maximizing profits? Does Ford have a moral responsibility to do what is best for his shareholders? 55 ALTERNATIVE SOLUTIONS 1. Pay the $11 per vehicle 2. Explore different safety features 3. Restart the project from the planning process 4. Continue with production of the Pinto 56 EXPLORING OTHER SAFETY MEASURES • A cheaper alternative could be formed. • Profit margin could be higher than first alternative. • Repairs the safety defect before launch of product. • Design can be more focused on safety. • New design -> more safe -> Improve Ford’s reputation. 57 FORD PINTO CASE: VIDEO 58 59 Teleological Ethics: Morality is determined by the consequences of actions Morality is a means to an end: to know what we ought to do, we must first know what is valuable Hedonism: value (good) is pleasure/happiness Egoism: my happiness is the greatest good Utilitarianism: the good is the greatest amount of happiness for the greatest number of people (or perhaps sentient beings) Consequentialist Ethical Theories Egoism: the good is whatever promotes my long-term interests Epicurus 341-270 BC Hedonism: the good is pleasure Pursue pleasures not mixed with pain (beauty, prudence, honor, justice, courage, knowledge); satisfy natural desires (food, sleep), avoid vain desires (fame, fashion) Self-realization: develop harmoniously all our capacities (Plato, Aristotle, Bradley) Objections to Egoism Egoism cannot resolve conflicts of interest (which moral theories should do) Egoism allows for no “moral point of view” of an ideal observer who is impartial, informed, and imaginatively identifies with those in the situation Egoist response: no one is completely impartial, nor should moral decisions be dispassionate