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Biomedical Ethics
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Introduction to Philosophy
“Philos” = Love “Sophia” = Wisdom “Philosophy” = Love of Wisdom
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A Formal Definition of Philosophy:
The rational, critical investigation of the fundamental questions of life that resist solutions by empirical science
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Right or Correct Behavior
Ethics The Study of Right or Correct Behavior
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Divine Command Theories
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Ethics Chart
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Ethics Objectivism Relativism
Absolutism Contextual Conventionalism Subjectivism Absolutism
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There are universally valid moral principles
Objectivism There are universally valid moral principles
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There are no universally valid moral principles
Relativism There are no universally valid moral principles
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Absolutism There is one universally valid moral principle
Immanuel Kant
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Contextual Absolutism
There are several universally valid moral principles and context decides which one to follow The Ten Commandments Aristotle
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Society decides moral principles
Conventionalism Society decides moral principles Ruth Benedict
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The individual decides moral principles
Subjectivism The individual decides moral principles Jean Paul Sartre Friedrich Nietzsche
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Methods of Justification
Meta-Ethics The study of Concepts Methods of Justification and Knowledge of Ethics
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Normative Ethics The study of rational guidelines for behavior
How people “ought” to act
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The study of how people do act Describes how people do act
Descriptive Ethics The study of how people do act Describes how people do act
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Naturalistic Fallacy Confusing what “is” With what “ought” to be
Confusing how people do act With how they “ought” to act “Ought” does not equal “is”
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Biomedical ethics is a branch of normative ethics
Business ethics Sports ethics Etc.
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Biomedical Ethics Ethical issues associated with the practice of medicine Advance reasoned analysis to clarify and resolve ethical issues Practice of medicine in most inclusive way
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Criteria for Ethical Theories
1. Clear, well-defined concepts 2. Consistent statement No Contradictions
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3. Should tell us how to act in all situations
Abortion Euthanasia Death Penalty Sex and Love
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4. The Simpler the better Occam’s Razor Less likely to make mistake
Easier to follow
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5. Should be based upon the most complete evidence available
Many decisions lead to wrong action because of incorrect information
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Consequentialist Theories
Moral theories that judge right / correct behavior based upon the consequences of the actions
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Utilitarianism John Stuart Mill
The right action in any situation is that action which creates the greatest amount of happiness
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Cost-Benefit Analysis
A form of Utilitarianism Actions are evaluated based upon their corresponding cost and the anticipated benefits of the action
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John Stuart Mill’s Moral Theory
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John Stuart Mill (1806-1873) English Member of Parliament
Wrote on many subjects
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The Greatest Happiness Principle
Utilitarianism The Greatest Happiness Principle Jeremy Bentham
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Greatest amount of happiness For the greatest number of people
Act to create the Greatest amount of happiness For the greatest number of people As per a disinterested spectator
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Greatest Number of People
Everybody that your action will effect
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Disinterested Spectator
Your happiness cannot be more important than anyone else’s
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Happiness defined Pleasure Absence of Pain
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Hedonism The goal is to experience as much pleasure as possible
Usually physical pleasure
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Epicureanism The goal is to experience as much pleasure as possible without experiencing any pain Only the best wine, food No hangovers
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Different Kinds of Pleasure
Quality Quantity Mental and Physical
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Quality of Pleasure How many McDonald’s hamburgers equals a Filet Mignon? None because the quality is different! Some pleasures are simply better than others
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Quantity of Pleasure Whatever you enjoy, isn’t more of it better?
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Point of Diminishing Returns
But we reach a point in our pleasure where more is not better but actually painful How many pieces of candy do you like? 5,10,15,? How about a 1,000?
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Paradox of Hedonism The more pleasure you derive from something, the more you need of it next time to receive the same amount of pleasure Drugs and Alcohol
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Mental v. Physical Which is Superior? Mental
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Why? Based upon empirical evidence Ask those who have experienced both
They agree that mental is superior
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Why is Mental Superior? 1. Greater Permanence 2. Safer
3. Less Expensive
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Act Utilitarianism An action is right if it produces more total happiness than any other alternative action available at the time
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Visit Aunt Go to Beach Me My Mom My Dad My Aunt My Friends Total
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Rule Utilitarianism After many acts, we develop a principle
that if general followed would create the greatest amount of happiness for all people involved
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2. Focuses too exclusively on the future
Criticisms 1. Requires too much 2. Focuses too exclusively on the future 3. Can lead to injustice
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Deontological Ethics Greek: “Deon” = “Duty”
Moral theories that judge right / correct behavior based upon the intrinsic value of human beings
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Kant’s Moral Theory
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Critique of Pure Reason
Immanuel Kant German Wrote on many subjects Critique of Pure Reason
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Requirements for Morality
Free Will Rationality Moral Autonomy
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We are not here to be Happy To be Worthy of Happiness
But To be Worthy of Happiness
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If happiness were the goal of human life
Then we would be controlled by our instincts not reason The more you know the more pain and suffering you experience
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Good Will Only thing in the world that cannot be perverted
Although we might not always be able to do the right thing We must always want to do the right thing
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Categorical Imperative
Absolute Command of Moral reason
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Deontological Ethics Morality based upon duty
It is our duty to follow the Categorical Imperative
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Moral Worth of an Action
Based Upon Our Intentions Not The Consequences of the Action
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1. Because doing what is right has intrinsic value
Why? 1. Because doing what is right has intrinsic value 2. Since we are not God, we cannot guarantee that what we intent to happen will actually happen
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We are only responsible for what we have complete control over
Therefore We are only responsible for what we have complete control over OUR INTENTIONS
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Wallet Example
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(without contradiction)
1st Formulation Act only on the maxim that you could will to be a universal law of nature (without contradiction)
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What is a Maxim? An Intention Or Reason for doing something
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What is a Universal Law of Nature?
Something that must happen whether or not we want it to Example: Gravity
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Without Contradiction?
Every time we are going to act We are to think about why we want to take that action Then imagine how we might write out a statement expressing our reasons for action
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If the action we are thinking about taking is morally wrong
Then we will see a contradiction in the sentence stating our intentions
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Example We want to borrow money from a bank
But we have no intention of paying the money back to the bank What would a statement look like expressing this intention?
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It is morally acceptable no intention of keeping my promise
to sign a promissory note to pay back the money when I have no intention of keeping my promise to pay the money back
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Contradiction? I make a promise with no intention
of keeping the promise
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2nd Formulation Always treat people as ends in themselves
never as means to an end
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Because human beings have intrinsic value
Don’t use people Why? Because human beings have intrinsic value Rationality Free Will Moral Autonomy
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We use objects not people Pornography?
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Conscience? We might think of the Categorical Imperative as our conscience The sense of what is right or wrong in our behavior and motives
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Deontological Medical Ethics
Ultimate worth of the Individual Maximum Individual autonomy Respect for the individual
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Virtue Theories Mainly concerned with what kind of a person we are
A virtuous person will act correctly in situations
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Greek: “teleos” = end / purpose
Teleological Ethics Greek: “teleos” = end / purpose Moral theories that judge right / correct behavior based upon a particular goal or purpose or consequences of the action
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Aristotle’s Moral Theory
BC Greek Philosopher Nicomachean Ethics Student of Plato Wrote on many subjects
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What do you want to be when you grow up?
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HAPPY!!!!
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Teleological Ethics of Aristotle
The end or goal of man is to be happy Isn’t your ultimate desire to be Happy?
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All things aim toward happiness
Why do you want to be rich? Why do you want a nice car? Why do you want a nice spouse? Intermediate Goals
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Isn’t your final goal TO BE HAPPY?
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Why do you want to be Happy?
Silly Question Because Happiness is the Ultimate Goal in Life
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Eudiamonia Greek for Happiness
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Eudiamonia Defined To live well Well-being Human flourishing
Self-sufficient Family Friends Fame Wealth
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TEMPORAL CIRCUMSTANCES
But also: Luck Fortune Based upon TEMPORAL CIRCUMSTANCES
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Example Wonderful family tragically killed in accident
Would you still be happy? Probably not!
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How do we understand happiness?
By answering the question: What is the function of Man?
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The function of a thing will help us determine what a “good” thing really is
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Example What is the function of a knife? To cut
Therefore a good knife cuts good and is therefore sharp
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The function of man is the exercise of his reason
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Is a man who uses his reason
A Good Man Is a man who uses his reason The rational man
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What does it mean to be rational?
To live in such a way that will enable you to satisfy your purpose Which is to be happy!
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How do we achieve this? By Developing Virtue
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The virtuous man is the most excellent man
Arete Virtue Excellence The virtuous man is the most excellent man
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The middle point between two extremes
What is Virtue? The Relative Mean between two extremes The middle point between two extremes The “Golden Mean”
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Relative v. Absolute Mean
is the exact mid-point between two extremes Aristotle is not talking about this!
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This is what Aristotle is talking about
Relative Mean This is what Aristotle is talking about
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Specific Circumstances
Based Upon? The Individual’s Physical Intellectual Genetic Specific Circumstances
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How much should you drink?
For Example How much should you drink?
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Considerations Weight? Physical Constitution?
How much food have you consumed? What’s your mental and emotional state?
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These may change over time
Your Mean may change
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You need to know yourself
Possessing Virtue means that you also know yourself Your Limits Your Strengths Your Weaknesses
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4 Primary Virtues Wisdom Justice Courage Moderation
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What are the two extremes that wisdom is the middle point of?
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Justice
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Courage
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Moderation
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Social Virtues
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The Virtue is to be Generous
Concerning Money The Virtue is to be Generous
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Virtue Concerning Honor
Pride (Appropriate Self-Respect)
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We should have Good Temper
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We are not born with virtue
Virtue is not Natural We are not born with virtue
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This is Good If we had to be born with virtue and were not
That would be it There would be nothing we could do about it
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How do we develop Virtue
By Developing Character Qualities Through Practice Through Habits
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Thru Experience Thru a Good Teacher
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Virtue Ethics in Medical Ethics
Emphasizes Virtuous Character Truthfulness Compassion Sincerity Courage
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as opposed to the performing of actions In virtue ethics
Emphasizes who we are as opposed to the performing of actions In virtue ethics Agents performing the actions are the focus In action-based approaches to ethics The principle thing emphasis is the doing the right thing
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For Example Suppose someone does what is wrong (?) but has extraordinary compassion (Lies to a patient) Recovering from a serious car accident and does not tell of the death of a family member as passenger
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Suppose someone does what is right (?) but is mean and nasty
(Tells the patient the truth) Recovering from a serious car accident and does not tell of the death of a family member as passenger
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Prima Facie Duties W.D. Ross (1877-1971) English Philosopher
The Right and Good (1930)
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Prima Facie Duties “at first sight”
A prima facie duty is a conditional duty There is no absolute prima facie duty Any duty can be overridden depending upon the circumstances
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Right or correct action is relative to
Moral Relativism Right or correct action is relative to 1. The Situation 2. Important Factors
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not because of its consequences,
Common sense tells us in some situations that an action (keeping a promise) is right, not because of its consequences, but because of what has happened in the past (we made the promise).
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may be "more of a duty" than another duty (fulfilling a promise).
Conflicting Duties Common sense also tells us in some situations that we have more than one duty and that one duty (relieving distress) may be "more of a duty" than another duty (fulfilling a promise).
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Elements of Ross’ Moral Theory
A variety of relations among individuals are morally significant
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promiser-promisee, creditor-debtor, wife-husband, child-parent, friend-friend, etc
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Nonmaleficence is generally more important than beneficence.
There are a few general "rules of thumb" to follow when prima facie duties conflict For example: Nonmaleficence is generally more important than beneficence.
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Each situation must be judged separately.
However, there is no ranking among the prima facie duties that applies to every situation. Each situation must be judged separately.
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Ross’ List of Prima Facie Duties
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1. Fidelity Duty to fulfill (explicit and implicit) promises/agreements into which one has entered
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Duty to make up for wrongful acts previously done to others
2. Reparation Duty to make up for wrongful acts previously done to others
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Duty to repay others for past favors done for oneself
3. Gratitude Duty to repay others for past favors done for oneself
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Duty to promote fairness
4. Justice Duty to promote fairness
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Duty to improve the conditions of others
5. Beneficence Duty to improve the conditions of others
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Duty to improve one's own condition
6. Self-Improvement Duty to improve one's own condition
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Duty not to injure others
7. Nonmaleficence Duty not to injure others
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Ross says that the best we can do is make a “Considered decision”
Bottom Line How do we make a decision when there are conflicting prima facie duties? Ross says that the best we can do is make a “Considered decision”
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Important Concepts Respect for Patient Autonomy
Principle of Nonmaleficence Principle of Beneficence Principle of Justice
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The Ethics of Care and Feminist Ethics
Emphasizes Empathy Concern for the needs of others Caring
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Carol Gilligan Women tend toward an Ethics of Care Men tend toward an
Ethics of Justice
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Relationships should be taken into account more when making a moral decision
Caring responsiveness to the needs of others is often morally preferable to detached dispassionate moral evaluation
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Must be more aware of oppression
Personal Professional Institutional
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Casuistry Case Study Considering each situation as unique while trying to apply more general ethics principles
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Practical Wisdom Necessary for applying more general ethical principles to individual cases and situations
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Practice over Theory Casuistry asserts the priority of practice over theory What has worked or produced the best results in the past
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Reflective Equilibrium and Appeals to Coherence
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John Rawls No one level of ethical conviction deserves priority
General Moral principles Prima Facie Duties Casuistry
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Considered Judgments We use past experience to evaluate current situations We can go from principle to case or We can go from case to principle
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Moral reasoning is dynamic New situations demand new analysis
It is never static New situations demand new analysis
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Conflict Resolution? We want coherency / consistency in our
overall system of ethical convictions
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Avoidance of outright contradiction
Logical Consistency Avoidance of outright contradiction
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Argumentative Support
Must give good reasons for our ethical decisions
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Liberty-Limiting Principles
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To prevent harm to others
The Harm Principle To prevent harm to others
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Principle of Paternalism
When someone acts like a “father” to someone else Physician to patient To prevent someone from harming themselves
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Principle of Extreme Paternalism
To benefit the person
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Principle of Legal Moralism
To prevent person from acting immorally
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Social Welfare Principle
To benefit society
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Logical Argumentation
Your final paper and presentation
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Standard Form (1) Premise 1 (Reason 1) (2) Premise 2 (Reason 2)
Therefore: (3) Conclusion (What you are trying to convince someone to accept)
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Counter Examples State the one major fact against your position
Respond to it
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