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HUMA 1825 Lecture Notes - Lecture 8: Moral Agency, Procedural Justice, Legal Positivism

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School
York University
Department
Humanities
Course
HUMA 1825
Professor
Shirley Katz

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Document Summary

There is a connection, nexus, between the following concepts: the concept of the rule of law, rule of reason, the law as serving the common good. The rule of law is seen as the rule of reasons and law is connected to serve the purpose for the common good ! Aristotle emphasized the important role of reason and rationality in cultivating virtues, especially the highest virtue justice. This is a notion of virtues as aspirational. Hence we do not permit a human being to rule as a lawgiver because a human being is not just reason but irrationality with passion, desire and appetite. The rule of man: we have irrationality, arbitrariness and wilt power. The rule and measure of human acts is the reason. Law: is an ordinance of the reason for the common good made by him who has care of the community and promulgated (pg. 55) Human law is a purposive activity; same concept in fuller.

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Related Questions

Assignment Instructions: The founder of On-Time Technology Products is being pressured by their biggest investor to use cheaper parts that will not last more than one year. Based on your reading of ethics in this PowerPoint©presentation, apply ethical reasoning to respond to this big investor regarding your company’s ethical position on using these cheaper parts.

Checklist:

•Review the PowerPoint presentation on consequential, non-consequential, and virtue ethics. below copied in word

•Then using an ethical perspective from the above presentation, and apply it to respond to the big investor.

•Discuss how your ethical response also complies with providing exceptional customer service. Scenario Background:

On-Time Technology Products (OTTP) sells products relating to time. Their product line consists of a huge assortment of clocks, watches, daytime planner books, and software. Many of their products are unique and innovative. They have been frequently compared to other high-end retailers.. Their products are sold in retail stores, via the Internet, and via catalogs. Their call center is presently in Dayton, Ohio. Mark MacGibson is the new President for On-Time Technology Products. Mr. MacGibson is a graduate from Kaplan University’s MBA program. Mary Graff has a Bachelor’s degree in Business from Kaplan University and is the supervisor for the Customer Service Representatives. Mr. MacGibson and Ms. Graff’s plans are to take On-Time Technology Products to a new level of exceptional customer service.

PowelPoint below in word..

An Overview of Consequential, Nonconsequential and Virtue Ethics Theories

What is Ethics?

Ethics is the study of those values that relate to our moral conduct, including questions of good and evil, right and wrong, and moral responsibility.

Consequentialist Theories:

Consequentialist theories claim that the morality of an action depends only on its consequences.

It only considers the result of actions and not principles or rules in determining morality.

Types of Consequentialist Theories:

Ethical Egoism argues that each person should act in their own self interests.

Act Utilitarianism argues that each person should act in a way that produces the greatest happiness for everyone.

Rule Utilitarianism argues that each person should follow rules that tend to produce the greatest happiness for everyone.

Weaknesses of Consequentialist Theories:

Requires person to predict the future and all possible outcomes.

Can easily be used to justify questionable actions (the end justifies the means).

Nonconsequentialist Theories:

Nonconsequentialist theories claim that the morality of an action depends on principles or other factors that are not related to consequences.

Types of Nonconsequentialist Theories:

Divine command theory argues that we should obey the laws of God.

Kant’s Categorical Imperative states that we should always act in a way that is based on reason, duty, and would be considered ethical if everyone acted in the exact same way. Also, people should be treated as an ends and not as a means.

Weaknesses of Nonconsequentialist Theories:

Divine Command requires a high degree of interpretation skills.

Variety of religions makes standards hard to develop for all.

Can be rigid and ignore outcomes

Virtue Ethics:

Virtue ethics seeks to identify character traits of a moral person and develop those with the idea that the virtuous person will act in a virtuous manner. It does not look to principles or consequences.

Virtue ethics was developed among the ancient Greek philosophers such as Aristotle and Confucius.

Virtue ethics enjoys modern support as an approach that avoids many of the problems with Consequential and Nonconsequential ethical theories.

Weaknesses of Virtue Theory:

Difficulty in determining just which characteristics are virtues

Justification for respecting a virtue usually brings one back to either consequences or principles.

Difficulty in applying to specific situations.

Conclusion:

One theory is not enough to cover all possible choices.

Theories can be synthesized to fit one’s philosophy of life.

One theory’s weakness is another’s strength.

1. (TCOs 2, 4, 5, 6) The idea that the assisted suicide of terminally ill patients should be allowed simply at the patient's direction reflects what type of ethics? (Points: 5)
Hobbes' State of Nature
Rand's Objectivism
Aristotle's concept of Virtue
Thomas Aquinas' concept of conscience
Socrates' concept of excellence
Question 2.2. (TCOs 1, 2, 7) What is the moral ideal of compassion? (Points: 5)
Acts of unmerited kindness
Sentiment in response to the suffering of others
Acknowledging the sufferings of others
Acts of altruism
Acts contrary to Objectivism
Question 3.3. (TCOs 1, 2) One of the common errors in Ethics is that of the double standard. The double standard consists of what? (Points: 5)
Discriminating in the application of ethical criteria based on our own preferences
Setting aside ethical criteria in special cases
Taking steps to avoid condemnation of others
Using one set of criteria for judging cases concerning ourselves and another for all others
Suspending judgment when concerned that the consequences would be too severe
Question 4.4. (TCO 2) Prescriptive language is commonly used in ethics for what reason? (Points: 5)
To indicate what is prohibited or impossible
To indicate that one choice is better than others
To show what actions are legal
To convey requirements and obligations
To indicate that there are really no choices available
Question 5.5. (TCOs 7, 8) Each person ought to do whatever will best promote his or her own interests. (Points: 5)
Utilitarianism
Kant's Categorical Imperative
Social Contract Theory
Ethical Egoism
Gilligan
Question 6.6. (TCOs 2, 4, 9) Free people are motivated toward forming social structures according to a social contract in order to overcome what problem identified by Thomas Hobbes? (Points: 5)
The need to overcome disagreements
A perpetual state of warfare
The establishment of a monarchy
Taxation to support the costs of government
Organized ways to select leaders
Question 7.7. (TCOs 3, 6) Agricultural biofuels are not properly a renewable source of energy in the environmental ethics debate. Which of the following also is not a renewable source of energy? (Points: 5)
Windmill turbines
Hydroelectric power
Tidal flow generators
Biomass waste systems
Solar cells
Question 8.8. (TCOs 3, 6, 7) Where in our course does the following phrase apply: 'The only thing good without qualification is a good will'? (Points: 5)
Personal habits of excellence according to Plato
The social contract according to Locke
Deontological ethics according to Mill
Natural law ethics according to Aquinas
Deontological ethics according to Kant
Question 9.9. (TCOs 8, 9) John Stuart Mill's theory of Utilitarianism is the most common form of ethics in use today. It is used so commonly because it belongs to which of the Primary Schools of Ethics? (Points: 5)
Care-based
Ends-based
Economy-based
Law-based
Efficiency-based
Question 10.10. (TCOs 3, 6, 7) What is the purpose of proving whether a syllogism of formal logic is 'valid'? (Points: 5)
To identify the connecting phrase 'therefore' or a synonym of it before proceeding further
To determine whether the situation described is accurate
To determine whether the premises are true before continuing
To determine whether the conclusion proceeds from the premises
To determine that there are only two premise statements in the syllogism
Question 11.11. (TCOs 1, 2) Solving a dilemma involves realizing what aspect of it? (Points: 5)
You will never be satisfied that the right choice was made
Some choices of action are more realistic than others
In deciding to choose one action, the other possible choices will be lost
Not everybody involved will be happy with the choice
There may be significant personal costs to choosing
Question 12.12. (TCOs 1, 2, 7) According to Thomas Aquinas, what ethical capacity do people of every culture naturally possess? (Points: 5)
Logical thinking
Personal virtues
Self-interest
Ability to learn lessons
Conscience
Question 13.13. (TCOs 2, 8) The single criterion for making decisions in utilitarian ethics is what? (Points: 5)
The experience of pleasure
Accounting for unintended consequences
Fiduciary interests to be honored
The amount of happiness produced
The principle to be honored
Question 14.14. (TCOs 1, 2, 5) The world view of ruthless and unending competition for property and wealth was spelled out in which of these concepts? (Points: 5)
Locke's notion of the natural state of man
Rawls' notion of the veil of ignorance
Aristotle's notion of the doctrine of the mean
Hammurabi's code of law
Hobbes' state of nature
Question 15.15. (TCOs 3, 6, 7) Which school of ethics is primarily applied as a practical matter through rights and duties? (Points: 5)
Objectivism
Normative ethics
Consequentialist ethics
Deontological ethics
Interdisciplinary ethics
Question 16.16. (TCOs 2, 7, 8) Personal development and discovery through the repetition of good acts and study of virtue characterize what ethicist? (Points: 5)
Plato
Aristotle
Luther
Augustine
Socrates
Question 17.17. (TCOs 2, 8) Professional societies with codes of ethics and conduct enforce what standard on members beyond the paying of dues? (Points: 5)
Not to engage in other businesses for profit outside of the profession
Personal standards of behavior for family members
Pricing structures for services
Non-competition among members
Meeting ethical and competency standards in order to practice within a jurisdiction
Question 18.18. (TCOs 2, 7) Aristotle's Ethical Doctrine of the Mean measured personal virtues on a scale that included the virtue itself, the excess of it, and the deficiency of it.

If the virtue is GENEROSITY, and the excess is WASTEFULNESS, what is the deficiency?

(Points: 5)
Carefulness
There is no deficiency
Being broke (having no money)
Stinginess
Moderation
Question 19.19. (TCOs 8, 9) Processes and systems designed to slow down disagreeing behavior and think situations through more deliberately are called (Points: 5)
value clarification processes.
conflict resolution systems.
objectivist tactics.
primary schools of ethics.
care-based ethics.
Question 20.20. (TCOs 1, 2) The Latin term a priori describes the origin of knowledge developed rationally, and the term a posteriori describes knowledge developed through observation and experience. What is produced through a priori rational thought that applies to ethics? (Points: 5)
Analysis systems
Principles of ethics
Concern for outcomes
Emotions
Subjective sense of identity