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Cultural Relativism
o
Cultural relativism theorizes that the meaning of
right or wrong rests with a society’s moral guidelines
o
Since there are many societies, such
guidelines are, of course, not universal
Divine Command Theory
o
Under this theory, G-d decides what is right or
wrong
Ethical Egoism or Objectivism
o
This theory states that each person should focus on
what is in their self-interest
o
Popularized by the author/philosopher Ayn Rand
o
Choose the action that will provide the person with the
maximum long term benefit
o
Long term self interest will keep people from doing
immoral things for short term gain
o
The principal of trade is the only rational ethical
principle to govern human relationships
Subjective Relativism
o
Relativism is the theory that there are no
universal rights or wrongs
o
Subjective relativism holds that each individual
decides what is right or wrong for themselves
o
Reason and logic are not required
o
No moral distinction between action of different people
Kantianism
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Immanuel Kant (1724-1804) was a German philosopher who believed:
o
What is good is good without qualification
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Good will is good in an of itself
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Good intentions are more important than the outcome
o
Our sense of what we ought to do is dutifulness
o
There are no exceptions to universal moral rules
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Famous Kant quote: “To be is to do”
Imperative#1 – Act only from moral rules that you can At the same time will to be universal moral rules
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What would happen if everyone acted in the same way in
the same situation?
o
If the result produces no contradiction, then its moral;
otherwise its immoral
o
Apply the Universalizability Test (next slide) to make this determination
o
Note: Kantanism is NOT about maximizing happiness.
Imperative #2 - Act so that you always treat both yourself and other peoples as ends in themselves never as only a means to an end
o
Translation: You can’t take advantage of people if it would
maximize your outcome at the expense of their outcome
The Universalizability Test: Five Steps
1.
Find the agent's maxim (i.e., an action paired with its
motivation). Take for example the declaration "I will lie
for personal benefit." Lying is the action; the motivation
is to fulfill some sort of desire. Paired together, they
form the maxim.
2.
Imagine a possible world in which everyone in a similar
position to the real-world agent followed that maxim.
3.
Decide whether any contradictions or irrationalities
arise in the possible world as a result of following the maxim.
4.
If a contradiction or irrationality arises, acting on that
maxim is not allowed in the real world.
5.
If there is no contradiction, then acting on that maxim is
permissible, and in some instances required.
Arguments for Kantianism:
o
It is rational
o
It produces universal moral guidelines
o
All persons are treated as moral equal
Principle of Utility
o
People pursue and value happiness
o
The Principle of Utility considers happiness to be the best objective metric to determine right or wrong
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Good will is not a factor
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Existing morality is not a factor
o
An action is right (or wrong) to the extent that it increases or (or decreases) the total happiness of the affected parties
Act Utilitarianism
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An action is right (or wrong) to the extent that it increases (or decreases) the total happiness of the affected parties
The Concept of Moral Luck
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Consequences of actions may not be intended or foreseen
o
We are not fully in control of the consequences of our actions
o
Luck can be good or bad – regardless of intentions of the actors
o
Moral luck is a problem if a normally bad act turns out to have good consequences – or if a
normally good act turns out to have bad consequences
Rule Utilitarianism
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We should adopt a rule if it leads to the greatest increase in happiness over time (for the most people)
Differences with Act Utilitarianism:
o
More consistent, less biased
o
Solves the problem of “Moral Luck”
o
Exceptional outcomes do not invalidate the rule
Social Contract Theory
Core Elements:
o
Morality consists of the set of rules governing how people are to treat one another and cooperate
o
Rational people will agree to accept these rules for their mutual benefit
o
Principal assumption is that others will follow the rules as well and the rules will be applied justly
Social Contract – Requirements
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Establishment of a set of moral rules to govern relations among citizen
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A government capable of enforcing these rules
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Universal consent of the governed is not required
Principle Advocates: Thomas Hobbes, Jean-Jacques Rousseau, John Locke and John Rawls
Rawl’s Principles of Justice:
o
Proposed extending the social contract to include issues of social and economic inequality
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Each person may have a set of rights and liberties as long as these are consistent with those of all citizens
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Everyone should have an equal chance to better their social or economic standing
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Social and economic inequities must be justified
o
These principles can serve to shape the Social Contract
o
However, Government remedies for such inequality can be complex, expensive and often unsuccessful
Social Contract Theory – Types of Rights [ref: US Bill of Rights]
Negative – A right that is can be guaranteed by leaving you alone to exercise that right
o
Example: Freedom of Religion
Positive – Obligates others to do something on your behalf
o
Typically involve expenditure of resources (taxes
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Example: Right to a speedy and public trial
Absolute – Guaranteed without exception
o
Example: Protection against Self Incrimination?
Limited – May be restricted based on circumstances
o
Example: Freedom of Speech
Virtue Theory
A right action is an action that a virtuous person, acting in character, would do under the same circumstance
o
The virtues are those character traits that human beings need in order to flourish and be truly happy
o
A virtuous person is a person who possesses and lives out these virtues
Implies that we should emulate people who appear to exhibit exemplary behavior; some examples:
o
What would Jesus do?
o
What would Ghandi do?
o
What would General George S. Patton do?
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Credit Report is the most reliable source when establishing a reliable profile
of an individual
Knowledge – Information that can be used to make a decision
Two most influential supreme court justices in establishing “right to privacy”
in the US were Brandeis & Warren
Impediment to copyrighting source code is The Merger Doctrine
Copyrighting software does not protect the source code and executable
Trade Secret Method has no set expiration period
Legal protection for IP from shortest -> Largest
o
Patent, Copyright, Trademark