2.1 Normative Ethics --- Theory of Conduct --- Consequences
Theory of Conduct
“Consequences”
Teaching objectives:
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The Principle of Utilitarianism --- The consequences of the
event are more important than the event itself
Utilitarianism Theory of Bentham
Utilitarianism Theory of Mill
The theory of Act Utilitarianism
The theory of Rule Utilitarianism
Case Study (1) --- Roundtable Discussion on Prostitutes
The advantages and disadvantages of Utilitarianism
Case Study (2) --- The Story of Sarah and Hagar
Case Study (3) --- The Parable of the Burning House
Case Study (4) --- Severe Punishment for Troubled Times
Case Study (5) --- No Boundaries for Human Rights: Rather
be Lenient than Accuse Wrongly
Suggested teaching period: 5 lessons
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Teacher shall first prepare:
 Knowledge Content of the Subject (1): The Principle of Utilitarianism
 Knowledge Content of the Subject (2): Act Utilitarianism and Rule
Utilitarianism
 Knowledge Content of the Subject (3): Advantages and Disadvantages of
Utilitarianism
 Case Study (1) --- Roundtable Discussion on Prostitutes
 Case Study (2) --- The Story of Sarah and Hagar
 Case Study (3) --- The Parable of the Burning House
 Case Study (4) --- Severe Punishment for Troubled Times
 Case Study (5) --- No Boundaries for Human Rights: Rather be Lenient
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than Accuse Wrongly
Worksheet: Different levels of Happiness
Teaching Process:
1. This chapter covers the first part of “Utilitarianism”. Teachers are suggested
to first explain the Knowledge Content of the Subject (1): The Principle of
Utilitarianism.
2. Teachers may ask the students to state the key points of Utilitarianism as
conclusion: The consequence of an event is more important than whether it
itself is right or wrong
3. Teachers are suggested to first explain the Knowledge Content of the
Subject (2): Act Utilitarianism and Rule Utilitarianism. Teachers shall also
ask students to tell the differences between Act Utilitarianism and Rule
Utilitarianism as conclusion.
Home assignment: Complete Worksheet: Different level of Happiness
4. Divide the students into groups of 4 – 5 and discuss the Worksheet: Case
Study (1) – Roundtable discussion on Prostitutes. In the form of a
roundtable meeting, discuss the “prostitute” issue in class and invite other
students to express their opinions. Discuss whether it is necessary to enact
a law to prohibit prostitutes from soliciting on the street.
5. After discussion, each group shall send a representative to present the
answers on behalf of his/her group.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
6. Teachers are suggested to first explain the Knowledge Content of the
Subject (3): Advantages and Disadvantages of Utilitarianism.
7. Divide the students into groups of 4-5 and discuss Case Study (2) to (4)
before completing the questions.
(*Teachers may make use of the content of Case Study (4) and (5) to hold a
simple debate with the students. The motion is “‘Severe Punishments for
serious crimes’ is the way to maintain social order and discipline”.)
8. After discussion, each team shall send a representative to present the
answers on behalf of his/her group.
9. Teachers may explain and distribute the answers.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Knowledge Content of Subject (1):
The Principle of Utilitarianism
Western ethics theories are mainly divided into two schools --Utilitarianism and Deontology.
The principle of utilitarianism:
Whether certain behaviour is morally acceptable depends on whether the
action could bring the greatest happiness to the majority. In other words, the right
and wrong of an action depends on the consequence such action brings about.
Bentham’s theory Vs Mill’s theory
It seems that “bringing the greatest happiness to the majority” is a reasonable
principle to judge right and wrong. But what is “happiness” after all?
Is the happiness one gets from sex comparable to that from winning the Nobel
Peace Prize? How to measure the magnitude of happiness? Regarding the
definition of happiness, Jeremy Bentham (1748-1832) and his student John Stuart
Mill (1806 - 1873) have distinctively different views.
What is happiness?
Bentham’s theory
Bentham thinks that all kinds of happiness in the world are the same and have
no difference in nature. The only difference lies in the magnitude of different types
of happiness. We can only say that one behaviour brings relatively more happiness
while another brings relatively less.
Mill’s theory
Mill is a student of Bentham. Regarding ‘what is happiness’, they both have
different views. He thinks that happiness is not only different in terms of magnitude
but also in terms of levels. Therefore, inferior happiness can never be compared to
superior happiness, no matter how much more there are. Mill thinks that human
beings have the ability to pursue superior happiness, for example through the
pursuance of the true, the good and the beautiful. Superior happiness is often the
happiness of the majority instead of happiness of an individual.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Knowledge Content of the Subject (2):
Act Utilitarianism and Rule Utilitarianism
Rule Utilitarianism Vs Act Utilitarianism
In society, it is difficult to measure whether an action brings good or bad result
to the majority. It is common to do evil with good intentions or do good with bad
intentions. In this regard, utilitarianism can be further divided into two schools --Rule Utilitarianism and Act Utilitarianism.
Rule Utilitarianism
It is one of the mainstream schools of utilitarianism. Whether an act can “bring
the greatest happiness to the majority”, supporters of Rule Utilitarianism believe
that certain actions have been evaluated on “whether they can bring the greatest
happiness to the majority” on the whole. When one makes a judgment of an
individual act, we should also consider according to this principle.
For instance, overall, “honesty” can build mutual trust among people and
promote harmony and stability of society. It brings the greatest happiness to the
majority and therefore conforms to morality.
Act Utilitarianism
Act Utilitarianism is another mainstream school of utilitarianism. Whether an
act can “bring the greatest happiness to the majority”, supporters of Act
Utilitarianism believe that every event is unique and is therefore impossible to apply
a particular moral principle to all people. Thus we can only judge whether a
particular action is morally acceptable “at a particular moment and under a
particular circumstance”.
For instance, we cannot simply judge that honesty is moral because some
people tell lies with good intentions and for the benefit of the majority. As a result,
every event has to be judged individually.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Worksheet: Different Levels of Happiness
Below are seven happy occasions. Which one is the happiest occasion
for you? Please rank the occasions in the “Rank” column (with “1” being
the happiest occasion and “2” being the second happiest etc”, and state
your reason.
Rank
Reason
Become first in the whole form
Win $5,000 cash from the Caritas
raffle tickets
Mother wins the 3rd division prize from
Mark Six with a payout of $30,000
Buy a favourite limited-edition model/
handbag
Represent the school to compete in
the Hong Kong Inter-school Current
Affairs Competition and become the
overall champion
Admitted by your dream university
The allergic rhinitis you have suffered
since you were young has been
completely cured
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Case Study (1) ----- Roundtable Discussion on Prostitutes
Some district councilors of Sham Shui Po have reflected to the police that
prostitution in the area is very serious. Some streetwalkers would solicit in the
streets for business. Some district councilors have received many complaints from
female residents in the area that they were misunderstood as streetwalkers, and
were being enquired for their service charge. As a result, they were scared and
feared to go out alone.
In this regard, some district councilors requested the police to take action and
combat prostitution activities in the district. Below are the views from people
supporting and opposing the combat of prostitution activities.
Mr. Xi, District Councilor:
I received a number of complaints.
Many female residents dare not wear
sexy clothes or put on heavy makeup
when they are out and about. They are
also afraid to come home late on their
own. Some female residents have been
approached by whoremasters who
enquire their “hourly rates”. Quite often,
Representative of the Sex-workers’
society:
Firstly: According to law,
prostitution is an agreed business
deal between both parties, and does
not violate the law.
Secondly: While I am
acknowledging the fact that some
ladies are embarrassed when
these women are sized up by men they
do not know. As a result, they feel
embarrassed, annoyed and sexually
harassed. In this regard, I urge the Hong
Kong Police and related authorities to
strike hard on prostitution in the district.
whoremaster enquires their “service
charge”, it is unreasonable to combat
prostitution for that reason. When we
are doing shopping on the street, we
are often bombarded by sales from
telecom service providers, estate
agents, or even enthusiastic
followers from a certain religion, who
ask us to “subscribe their services”,
“buy a new flat” or “become a
Representative from the Hong Kong
Police:
Prostitution is not unlawful according
to the law. However, acts such as
“soliciting for an immoral purpose in
public premises”, “living on earnings of
prostitution of women”, “keeping a vice
establishment”, amongst others, are
illegal. The police will combat these
activities should that happen.
follower”. To be honest, I also find
them annoying and make me feel
embarrassed. Shall I demand the
police to take action against them as
well?
Thirdly: Some women feel
uncomfortable being sized up by
men when they wear trendy
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Ms Cheung, a resident in the district：
costumes. I believe these women
I once asked a female friend to meet
me up in a small park downstairs. It was
scotching hot that day and she wore a
slip dress. During her 10-minute wait, 3
men passed by and asked her how much
she charged for one night of service. At
first, she only replied in a displeased
manner that she was not a prostitute. In
the end, she shouted at them loudly.
This incident made her so
should be better educated. I wonder
if they would be excited or
embarrassed when being sized up
by strangers in Central, Admiralty or
Mid-levels after an attentive dress-up
or when being stared at by strangers
in a party? It is common knowledge
that some districts in Hong Kong are
relatively abundant with
streetwalkers, and those places are
embarrassed that she swore she would
never meet me in my neighbourhood
anymore.
where they work. If a lady went to
those places in a trendy and sexy
outfit, and was offended after being
Rev. Lau:
Prostitution and patronising
prostitutes are immoral acts. The
government and the police are tasked
with the responsibility to combat these
activities regardless of their impact on the
community and the citizens.
1.
2.
3.
4.
stared by others, I really wonder who
should take the blame, the sex
workers or the ‘well behaved lady’?
Thus, prostitution is not illegal
and we shall not be put to blame.
Anyone who insists on combating us
are picking on us and are enforcing
the law selectively, which is unfair.
Why don’t they take any action
against estate agents or telecom
service providers who ‘streetwalk’ in
the city?
From the opinions of the above 5 people, whose opinion best demonstrates
“Rule Utilitarianism”? Why?
From the opinions of the above 5 people, whose opinion best demonstrates
“Act Utilitarianism”? Why?
From the opinions of the above 5 people, whose opinion does not analyse
from the perspective of Utilitarianism? Why?
From the cases above, what do you think are advantages of analysing
from the perspective of Utilitarianism?
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Knowledge Content of the Subject (3):
Advantages and Disadvantages of Utilitarianism
Disadvantages of Utilitarianism
Disadvantage 1: Result is not the best way to measure right and wrong
Utilitarianism is most criticised for its encouragement to handle ethical
issues with mathematical and economic ways of thinking, and its denial of the
right or wrong of the issue itself. As a result, utilitarianism may easily
encourage the practice of “the end justifies the means”. For example, to
falsely incriminate righteousness people and “to do somebody injustice rather
than to connive” can alert the general public and thus reduce the crime rate,
bringing happiness to most citizens. People believing in utilitarianism would
support this theory and consider it as moral, but the result often goes against
the expectation of the majority.
Disadvantage 2: Happiness can not be quantified
Neither Bentham, Mill, Rule Utilitarianism nor Act Utilitarianism can
suggest a way to measure happiness.
Happiness is personal and subjective, and therefore is very difficult to be
measured and compared. There is also no measurable unit that is widely
accepted. Which brings more happiness, to win the Nobel Prize and be
remembered forever or to cure an incurable disease? The answer remains a
mystery
Disadvantage 3: Happiness is not the only principle
There is an assumption behind utilitarianism, which is to make
happiness pursuance the most important aim and to use it as a standard to
determine right and wrong. However, happiness is not the only principle in
the world. There are, for example, personality, dignity, etc. If we merely focus
on happiness, we are no different to a pig indulging in eating, drinking and
fooling around.
Disadvantage 4: Fails to distribute happiness equally
Utilitarianism only requires an action to bring the majority with the
greatest happiness. What, then, is more important, ‘the majority’ or ‘the
greatest happiness’? If Action 1 brings 100 units to happiness for 10 people,
while Action 2 brings 1 unit of happiness to 1000 people, Which action shall
we adopt? When facing these questions, utilitarianism often fails to handle
them effectively and consistently.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Disadvantage 5: Everyone has the obligation to bring happiness to
others
The principle of utilitarianism points out that everyone should try to
consider the well-being of others and avoid harm under any circumstance. It
implies that every individual has the responsibility to safeguard other
people’s happiness. However, this assumption cannot be justified. One
cannot assume that if a person pursues happiness, he/she would also be
willing to share happiness. When these two situations become contradictory,
the deadlock of distributing happiness equally arises once again.
Disadvantage 6: Negligence of the importance of individual’s intention
Utilitarianism does not consider the intention and means of one’s action.
It only concerns the end product: to generate the greatest happiness by that
action. If a person with an evil intention unexpectedly does something good,
his/her action can also be regarded as moral, which violates our common
sense.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Advantages of Utilitarianism
1.
A better standard for judging between right and wrong
According to utilitarianism, an action is judged to be right or wrong by the
presence of happiness in the consequence. Therefore, utilitarianism provides
people with a comparatively systematic, simple, convenient and clear way for
moral judgment.
2.
A more flexible utilitarianism
Some people believe that utilitarianism is neither immutable nor fettered
by conventions. Instead, when it comes to moral judgment, it allows
individual consideration for different situations and factors. Under no
circumstances is a moral rule to be taken into consideration, provided that the
principle of “seeking happiness for the majority” is violated. In reality, there is
no eternal ethic and moral answer in the world. Stealing can either be
immoral or moral. The act of a chivalrous thief is an example.
3.
A closer link with the cost-effectiveness economic values
Nowadays, the mainstream society stresses on economic benefits and
development. Ethics and morality, to a certain extent, are considered as less
important, or even untimely as well as hindering economic development.
However, the thinking mode of utilitarianism has a closer link with the
cost-effectiveness mainstream thinking, and is therefore easier to be
accepted.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Case Study (2) --- The Story of Sarah and Hagar
Sarah, the wife of Abraham, was a wise woman with ideas. Yet being barren,
she and her husband had been childless for years. Sarah wanted to have children
with her husband and did not want to be lonely and helpless when they grew old.
Thus, she made a suggestion to Abraham, “As God has made me unable to have
children, please sleep with my maidservant so that I may have children from her.”
And so Sarah made her maidservant, Hagar, Abraham’s concubine, so that he can
have children. Hagar was a quiet, gentle, hardworking and tough woman. In the
end, she gave birth to Abraham’s son and named him Ishmael.
14 years later, Sarah was also pregnant with Abraham’s son and gave birth to
Isaac. And when the child was old enough to wean, Sarah discovered that the
14-year-old Ishmael was mocking Isaac, believing that Ishmael did not respect her
son. Therefore, she asked Abraham to send Hagar and her son Ishmael away
“Send away this woman and her son, for the son of that woman is not to have a part
in the heritage with my son Isaac. He is just the son of a concubine.” Sarah thought
if Ishmael was to stay, he would fight for the family possessions and caused family
disputes.
Abraham understood that if he had Hagar and Ishmael stay with him at home,
there will be huge disputes in the family after his death. He was tormented by this
very issue. However, God told Abraham to do whatever Sarah said, for He would
not mistreat Hagar and her son. In the following morning, Abraham gave Hagar and
Ishmael some bread and a bag of water and sent them away. Hagar planned to
return to Egypt, but was lost in the desert of Beersheba. The water bag had been
emptied. She placed Ishmael under a small tree and sat down face to face with her
son. She could not bear to see her son die of thirst in the wilderness. She could not
help but burst into tears. God kept his promise to Abraham by sending an angel to
rescue Hagar and her son. She saw a well. The angel told them to stay in the
desert of Paran and God would take care of them.
In the end, Hagar and Ishmael settled in the wilderness of Paran. Under his
mother’s arrangement, Ishmael married a girl from the land of Egypt. Since then,
they had been living in the desert of Paran until the day they died.
The above story is adapted from the book of Genesis, Chapters 17 to 21.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
1.
2.
3.
4.
5.
Why did Sarah want her husband to marry her maidservant as concubine?
Why did she want her husband to send the maidservant and her son away
afterwards?
Under normal circumstances, if Abraham had not married Hagar, what
would the life of Abraham, Sarah and Hagar be like when they were old?
Under normal circumstances, if Abraham had not sent away Hagar and
Ishmael, what do you think would happen after the death of Abraham?
In the story, why did Abraham send Hagar and Ishmael away? What did
Abraham think the life of Hagar and Ishmael would be after they left?
Do you think Abraham’s behaviour is moral according to the perspectives
of utilitarianism?
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Case Study (3) --- The Parable of the Burning House
In ancient India, there was a very rich man. Despite his senility, he was wealthy
and owned a lot of farmland, numerous houses and countless servants. Although
the man was advanced in years, he had three sons who were three, four and five
years old respectively.
Because of his wealth, he was worried of bandits coming to rob his family, so
the house they lived in was enclosed by high and thick walls built with bricks, with
only one gate for entrance and exit. The house was his ancestral home and had
been built for almost a hundred years, therefore even though the elder was wealthy,
the walls and the beam-pillars of the house were old and worn out. The mansion
could easily collapse if a storm or a big fire struck.
One day, the house caught fire. The elder and his servants managed to leave
the place in time. Then, he suddenly remembered his three sons, who were still
playing in the garden, too young to comprehend the danger. They also did not know
how to escape. Yet, neither he nor his servants dare to go back into the house. So
he shouted to his sons to leave at the gate, but they ignored him. At that time, the
man was very anxious and yelled to them the danger of the big fire, but his sons
still pay no attention to his warning.
All of a sudden, a good idea came up to the old man. He recalled that each
time he came home from business trips with some presents, he used to cry loudly,
“I am back! I have some gifts for my lovely boys.” No matter what his sons were
doing at that moment, they would run to him quickly for the gifts. So at the critical
moment, the old man cried out, “I am back! I have some precious gifts for my lovely
boys. I bought a goat cart, deer cart, and ox-cart to take my boys out to play.” When
the children heard their father, they ran out of the house to their father for gifts.
Seeing that the boys were safe, the old man was relieved. He was glad that his
lie had successfully lured his boys from the fire.
The story is adapted from <The Lotus Sutra, The Parable of the Burning House >
1.
2.
3.
Under normal circumstances, do you think that lying is moral?
If the old man did not lie, what do you think would happen to his sons?
In the story, why should the old man lie to his three sons?
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
4.
If you were the old man, facing the above scenario, what factors would
5.
you consider before making your decision?
From the perspectives of utilitarianism, do you think the old man’s
behaviour is moral?
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Case Study (4)
Severe Punishment for Troubled Times
Severe Punishment for Troubled Times
The severity of punishment had been formulated in Shang Shu - Marquis of Lu
on Punishments, a classic of the Western Zhou Dynasty. It was said that
“Punishments and fines should be light in one age, and heavy in another. To secure
uniformity in this seeming irregularity, there are certain relations of things to be
considered, and the essential principle to be observed.” The Rites of Zhou - Office
of Autumn has more details: “A ruler governs his country with three types of
measures so as to preserve their dominance. First, in a new country, use light
punishments. Second, in a fair country, use moderate punishments. Third, in a
troubled country, use severe punishments.”
The above philosophy of “severe punishment for a troubled country” was
widely accepted and developed by rulers of all feudal states and scholars of
different schools, particularly by Legalism. Han Feizi of Legalism believed that,
“Only when laws change with the time could the country be ruled; ruling that fits the
era yields desirable effects” (Hanfeizi - Xin Du).
Taizu of the Ming, Zhu Yuanzhang believed he was living in a troubled time
and thus encouraged severe punishment. He said to his grandson Zhu Yunwen, “I
am ruling a troubled country and therefore I cannot help but use severe
punishment. You, on the other hand, are governing a peaceful nation and thus light
punishments should be used. That is why punishments and fines should be light in
one age, and heavy in another.” (History of Ming - The Chapter of Criminal 1)
The reason behind “Severe Punishment for Troubled Times”
“Severe Punishment for Troubled Times” is based on the people’s fear to be
punished so as to prevent people from violating the law. As a result, social chaos
can be avoided and people’s well-bring safeguarded. During peaceful times, there
are less motivation and reason for people to violate the law. Therefore, light
punishment can be used. On the contrary, during troubled times, there is a greater
motivation for people to violate the law. As such, the nation should use severe
punishment to act as a balance and alarm to safeguard the well-being of the
people.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Demerits of adopting “severe punishment for troubled times”
From the Utilitarian perspective
1.
It is hoped that a deterrent effect will be produced by imposing severe
punishment so as to reduce the occurrence of crimes. However, if
punishment is regarded as the only means to control people and the
society, it will easily give way to abuse of punishment, and may cause
social disorder.
2.
Some people firmly believe that severe and cruel punishment will
produce a highly threatening effect. But things turn out to be different as
we take a look at the history. Even in ancient times, crimes did not vanish.
If severe punishment could not take effect in the relatively simple
agricultural society in ancient times, it is even more unlikely to deter
crimes in our complicated commercial society nowadays.
3.
The rationale behind “severe punishment for troubled times” lies the
value of “violence for violence’s sake”. If this kind of value is to be
rationalised, adopted and becomes popular in the society, it will bring
greater disturbance and instability, or even increased crime rates to our
society.
4.
Recent genetic and psychological studies show that the behavioural and
thinking patterns of human beings are greatly influenced by their genes
and early experiences in their growth. Punishment can only impose very
limited effect on deterring crimes.
5.
Death penalty actually cannot deter repeated offenders from committing
crimes. It would rather produce a counter effect of impelling the criminal
to evade from being caught by the police. In the course of escape, he
may commit even more serious crimes. For example, he may kill more
people in order to cover up his whereabouts. Therefore, death penalty
actually has more demerits than merits.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Merits of adopting “severe punishment for troubled times”
From the Utilitarian perspective
1.
The adoption of “severe punishment for troubled times” can produce an
imminent effect by restoring the stability of the society. According to
psychological studies, penalty is the most effective punishment
particularly for those with low education levels.
2.
Severe punishment means the use of heavy penalty to deter people from
committing crimes or doing anything that may upset social order.
Therefore, nobody will commit crimes for fear of being punished severely.
3.
With careful consideration, an offender will understand the undesirable
consequences of committing crimes, thus the occurrence of crimes will be
minimised.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Astonishing murder of Bai Xiaoyin in Taiwan
The kidnap and murder of Bai Xiaoyin in 1997 was the most serious crime
case ever in Taiwan. The case shocked the Taiwan community as the victim
was the daughter of a famous Taiwanese artist Bai Bingbing. Moreover, the
crime was committed in a cruel way and the three suspects were involved in a
number of offences while they fled, including murdering and raping of several
other people. After this case, the Taiwanese society generally agrees to uphold
the principle of “severe punishment for fierce crime”.
14/4/1997
The only daughter of the famous artist Bai Bingbing was
kidnapped. That night, she received a phone call from the
kidnappers asking for a ransom of five million US dollars. Bai also
received a half-naked photo of her daughter and her daughter’s
fingertip. The police took over the case and planned to arrest the
kidnappers during the handover of the ransom.
23/4/1997
Several days later, the kidnappers called to arrange the collection
of the ransom. However, they did not show up. Bai Bingbing was
close to a nervous breakdown after the continuous torments she
suffered over the past few days.
25/4/1997
The kidnappers called again for ransom but still did not show up.
The police rounded up and searched for the principal offenders
Chen Jinxing, Lin Chunsheng and Gao Tianmin in five locations.
All three principals escaped after the gunfire, while two
accomplices Zhang Suzhen and Zhang Zhihui, wife and
brother-in-law of Chen Jinxing, were arrested.
26/4/1997
The police deduced that Bai Xiaoyan should still be alive and
would be in danger if they wouldn’t announce a seizure warrant as
soon as possible. Bai Bingbing held a press conference in the
morning and requested all the Taiwan people to save Bai Xiaoyan
together. Taiwan’s major media reported this news on the front
pages and entertainment pages.
27/4/2007
The police played the family card by asking the kidnappers’
families to convince them to release the victim on TV.
28/4/1997
Bai Xiaoyan’s body was found. After examination, the Forensic
Pathologist concluded that she had been dead for about eight to
ten days. The police started a large-scale pursuance everywhere.
The three major offenders were also fleeing in all directions in
Taiwan.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
28/5/1997
The police who was responsible for this case received a letter with
time-limit, written by the three suspects at large together, including
Lin Chunsheng, Gao Tianmin and Chen Jinxing. The letter said
that only three of them had committed the kidnapping and they
would take the responsibility by themselves. And they required the
police to release Zhang Suahen, Zhang Zhihui and etc.
6/6/1997
The three people kidnapped Cai Mingtang, a legislator of Taipei
County, and were offered a ransom of 5 million dollars. Cai was
threatened not to call the police. The whole thing was exposed to
the public only after Chen Jinxing was arrested by the police.
8/8/1997
The three offenders on the run committed a crime again by
blackmailing a businessman surnamed Chan from Taipei, for 5
million dollars successfully. The crime came to light on 14th
August when the case was reported by newspapers.
19/8/1997
Lin Chunsheng and Gao Tianmin appeared in Taipei City and
were heavily armed. They started a fierce gun fight with the police.
The battle lost a police officer and one of the duos, Lin Chunsheng
was dead.
23/10/1997
A murder happened in a Taipei clinic. Three people including
doctor and nurse were having their eyes, noses and mouths taped
and limbs bounded, and were then given a shot in their heads to
cause death. A nurse was even sexually assaulted before her
death. Gao Tianmin and Chen Jinxing were then identified as the
assailants.
3/11/1997
Gao Tianmin appeared in Taipei City and started a gun battle with
the police ambushed around. Gao Fled after the fire.
5/11/1997
Chen Jinxing wrote a letter to the United Daily News and
expressed his discontent about Zhang Suzhen’s (Chen’s wife)
detention by the police. He declared his plan to seek justice, in
which the innocent might be implicated. “The moment I die, is also
the time for change, please do not blame me!” Chen continued to
send letters to media including United Daily News and TVBS
afterwards.
17/11/1997
Police received tip-offs and launched an operation to capture the
suspect, Gao Tianmin. During the arrest a gun fight broke out.
When cornered by the police, Gao turned the gun on himself.
18/11/1997
Chen Jinxing broke into the residence of McGill Alexander, an
officer of Embassy of South Africa, and held Alexander and his
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
four family members’ hostage. The case became an international
incident during which two of the hostages were injured. It also set
the precedence of Taiwan media interviewing the suspect by
phone at the scene. The Taiwan Television Enterprise had an
exclusive phone interview with Chen Jinxing at 0:32 a.m.
Afterwards, Chen Jinxing accepted phone interviews from over a
dozen Taiwan and foreign media. He spoke about what led him to
commit crimes and tried to craft a heroic image for himself. Chen
Jinxing even invited the reporter of the China Post, Jason Blatt, to
conduct a face-to-face interview with him at Alexander’s residence
and asked him to hook him up with more international media for
interviews. After releasing injured hostages one by one and
negotiating with the Taipei Police, Chen Jinxing agreed to turn
himself in and the crisis was ended. However, this case had
seriously tarnished the global image of Taiwan and has badly
shaken Taiwan people’s confidence in law and order.
After Chen Jinxing had been arrested, it was verified by DNA test that he was
involved in more than 19 sexual abuse cases during his flees. During that period,
Chen broke into houses and raped the women who stayed home alone. He also
stole food and properties from the victims, and threatened revenge if the victims
called the police. Therefore, the investigators reviewed that the actual number of
victims might be far more than 19.
After the Bai Xiaoyan case, her mother, Bai bingbing established the Bai
Xiaoyan Cultural and Educational Foundation. Apart from facilitating charity works
in Taiwan, the Foundation is also one of the charitable organisations that
encourage the government of Taiwan to maintain the death penalty.
The website of the Bai Xiaoyan Cultural and Educational Foundation:
http://www.swallow.org.tw/jt-hotel/front/bin/home.phtml
1.
2.
3.
After the Bai Xiaoyan case, what do you think are the arguments for those
who favour “severe punishments for a troubled country”?
In the Bai Xiaoyan case, do you think the principle “severe punishments
for a troubled country” is applicable to principal Chen Jinxing? What would
you consider before making the decision?
From the perspectives of utilitarianism, do you think the argument for
those who favour “severe punishments for a troubled country” is moral?
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
*Teachers may make use of the content of Case Study (4) and (5) to hold a
simple debate with the students. The motion is ‘Severe Punishments for
serious crimes’ is the way to maintain social order and discipline.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
Case Study (5) --- No Boundaries for Human Rights: Rather
be Lenient than Accuse Wrongly
The teacher may show the TV documentary “No Boundaries for Human Rights:
Rather be Lenient than Accuse Wrongly”. The documentary, produced by RTHK,
was first released in June 2004. It addresses the issues of wrong imprisonment and
putting leniency before wrong accusations.
Content of the Documentary
In some western countries, in order to protect the defendant’s rights, criminal
trials are conducted on the principle of “presumption of innocence”, which means
that a defendant is presumed to be innocent and the prosecutor bears the burden
of proving the defendant’s guilt beyond reasonable doubt. The rationale behind this
stringent principle of burden of proof is “rather be lenient than accuse wrongly”,
which means rather set 10 bad people free than wrongly accuse and convict one
good person. At the same time, however, the principle allows some true criminal
offenders to be set free, thereby doing injustice to the victims. How then should our
society strike a balance?
More than a decade ago, a murder took place in Devil’s Peak, Kowloon. Despite
the overwhelming evidence against the murderer, he was acquitted because the
police were found to have extorted a confession from him. There was another case
which involved illegal abortion causing death. The victim was a girl aged 17 or 18,
who allegedly died following an illegal abortion that she underwent at an unlicensed
clinic. Law Or, the unlicensed doctor who performed the abortion, was charged with
murder, but he was given the benefit of doubt and hence acquitted. A fair trial is the
foundation of justice in the contemporary society. However, occasionally the trial
process is liable to be tainted with errors of judgment or deficiencies in forensic
technology, as a result of which a defendant may be wrongly convicted. These
victims, who suffer from the mistakes of others, have to spend the rest of their
precious lives behind bars and may not achieve anything in the future.
Camera crew went to America and the UK to visit local scholars, and visited an
American group which specially reverses injustice judgments for innocent people,
with the purpose to see how they reverse and find out the truth. In this special
series, two controversial cases happened in Hong Kong many years ago were
selected as examples to illustrate how the right of the accused is protected under
the principle of innocence hypothesis.
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2.1 Normative Ethics --- Theory of Conduct --- Consequences
1. After watching No Boundaries for Human Rights: Rather be lenient than
accuse wrongly, what reason and evidence do you think the “Rather be
lenient than accuse wrongly” supporter hold?
2. After watching No Boundaries for Human Rights: Rather be lenient than
accuse wrongly, do you think severe punishment should be applicable to
severe repeated criminals to maintain law and order? What factors do you
take into consideration before you make a decision?
3. Analysis in the term of utilitarianism, do you think the reason and the
evidence for “Rather be lenient than accuse wrongly” is in accordance with
morality?
*Teacher may summarise the content of Case Study (4) and (5) and ask
students to have a short debate on the motion: ‘Severe Punishments for
serious crimes’ is the way to maintain social order and discipline.
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