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Ethics Notes
Ethics Notes
“What ought I do?” This is one of the questions that As Jean Paul Sartre and the existentialists put it,
Immanuel Kant posed as fundamental in the field of our every action defines our being. In our quest for
philosophy. In pursuit of wisdom, the ethical and authenticity we must have a stake in making not only
moral self seeks not only to “know” things in the rational decisions but ethical ones as well. However,
abstract but also to be able to apply this making good moral decisions is not always easy as
knowledge in the concrete level ,i.e., her everyday we are burdened with having to make ethical
life, particularly when moral decision-making is decisions in our everyday lives. In the context of
involved. Values, good or bad, and what is morally bioethics, all stakeholders, doctors, nurses, hospital
right or wrong, falls in the purview of normative administrators, scientists and researchers and
ethics, as it seriously seeks to establish which moral patients must all make these decisions in one way or
views are justifiable, and thus ought to be accepted. another.
“Biomedical ethics,” also commonly referred to as In the light of the case illustrated above, one handy
“bioethics” are two terms that are often used approach is to employ moral principles that have
interchangeably. The latter suggests a wider scope already been derived from and justified by a
transcending the practice of medicine to encompass moral theory, which can provide a direct guide to
not only the professional activities of medical decision making and direct action.
practitioners, but rather in the context of the
innumerable and myriad activities involved in the First Do No Harm; Primum Non Nocere
healthcare profession, including research and
development. The Oath of Hippocrates, the earliest known
statement written as an ethical code for physicians,
Bioethics is a neologism coined by the first opens with this admonition, Primum Non Nocere in
“original bioethicist,” Van Rensselear Potter who Latin or, “First do no Harm.” The Principles of
saw it as a necessity in establishing “an ethic that Beneficence and NonMaleficence are two sides of
can incorporate our obligations, not just to other the same coin where the former is formulated as,
humans, but to the biosphere as a whole”. While “We should act in ways that promote the welfare of
medical ethics makes up a huge and central part of the people” (Munson 2000). This simply means that
bioethics, it transcends the spheres of medicine and a physician is duty-bound in acting only in ways that
health care to encompass fields including actively promote good whereas the latter,
environmental ethics, ethical issues of sexuality and nonmaleficence, actively seeks to avoid harm.
reproduction, and “genethics” or ethics of genetic Munson formulated this principle thus, “We ought to
choice and manipulation act in ways that do not cause needless harm or
injury to others.” These are duties we expect of
As applied, bioethics is interdisciplinary in the sense physicians where failure to meet the standards are
that it approaches issues and concerns with left open to the charge of moral or legal maleficence
consideration of different fields such as medicine, (i.e., medical malpractice).
law, public policy, sociology and occasionally, even
religion. However, despite this overlapping The Principle of Autonomy
discipline, it remains under the rubric of
philosophical ethics, where decision-making is Our subjectivity is denied when other people make
grounded on philosophical precepts, as ethical decisions for us. Unless we are otherwise
theory and moral philosophy are both referring to incapacitated, we human beings enjoy a
what Beauchamp and Childress call, “philosophical fundamental right to choose and determine what is
the best for us. This is evident not only in our
constitution and the UN Bill of Rights but the active So in the medical context, relationships between all
promotion of one’s freedom is manifested in many stakeholders, the patients, their family, the health
realms, moral or legal. It is premised on human professionals, requires a deep understanding of the
freedom i.e., that we are free to choose our path, way that each one is bound in a complex situation
and that it is “our life” as we make it. In the medical where abstract principles cannot possibly capture
setting, patients are autonomous persons who everything relevant in coming up with sound and
determine what sort of treatment they ultimately caring moral decisions.
decide on, after being informed of their options.
Contexts: Bioethics in the Philippines
The Principle of Justice
Inevitably, the kind of media coverage this sub-
There are two features of justice; one is non- branch of ethics generates involves huge advances
comparative justice, or when people get what they in technology (e.g., the ethics involved in stem cell
are entitled to and their basic rights are secured; research or human cloning, euthanasia). Incidentally
while the other is comparative justice, or when this is a field where our country lags behind. It is
people are concerned with applying pre-existing excruciating to talk about euthanasia in contexts
guides, rules and laws vis-a-vis the distribution of where patients die before they are brought in to
costs and benefits. In the medical contexts this hospitals because of hospital bed shortages,
concern is distributive justice, where each one’s inadequate professional care, or financial
interest or need is weighed carefully against other deficiencies. To die honorably is a luxury that many
competing interests. impoverished Third World people do not experience
in the hands of health professionals.
Virtue Ethics
Context is vital especially as we consider who has
Since the opening question of this article is framed access to advanced scientific knowledge and
on what ought to be done (What to do?), there is a technological resources. In Shannon’s book, his
shift in virtue ethics from “do” to “be” (How to discussion on technology impacts the way we view
be?). Virtue is based on character and does not nature, as this includes the belief that the rise of
necessarily require principles or rules to guide science and technological improvements, as well as
one’s actions. Needless to say, only the right the ordinary person’s access to them, affect the way
character with the essential set of virtues can that we live and consequently, the way that we die.
bring out the right set of actions.
Concluding Remarks
For example, moral virtues, as written in the works of
Chinese philosopher Mencius such as ren, li, yi and It is difficult to miss the relevance of Bioethics
zhi, or benevolence, compassion, propriety and especially as we come to realize and value health
wisdom, lead to the right actions and support his concerns and increasing the quality of life. As an
view that human nature is good. In the medical applied ethics, this sub-field presents issues that
context the ideal health professional or researcher have universal significance as well as personal
should be in good possession of these virtues, impact when one ponders on the quality of life. If
including honesty in disclosing to her patients, and health and physical well being are among the
integrity in doing research. conditions for the pursuit of happiness then it
becomes an important task to reflect on these
Care Ethics matters. However, this field also opens a myriad of
questions directly linked to what ought to be done.
They also reject abstract moral principles and put Moral decision making always happens in
great emphasis on contexts. Care ethics maintains particular contexts. Whether about the case of
that it is inappropriate to think in terms of rigid rules contraception, as cited above or the morality of
and principles when certain kinds of relationships cloning humans, the reflective individual is urged to
are concerned.
carefully and rationally think things through, make a ➢ Etiquette
stand, and defend it when the time arises. ○ the customary code of polite behavior in
(T3) ETHICS AND HUMAN EXISTENCE society or among members of a particular
profession or group
THE ETHICAL DIMENSIONS OF HUMAN ○ the conduct or procedure required by good
EXISTENCE (PART 1) breeding or prescribed by authority to be
observed in social or official life
Ethics ○ concerns with right and wrong but are not quite
➢ A practical and normative science, based on grave enough to belong to the discussion of
reason, which studies human acts and provides ethics
norms for their goodness and badness
➢ As a practical science: deals with systematized Use of terms
body of knowledge that may be applied to ● Ethics, a discipline of studying and
human actions understanding ideal human behavior and ideal
➢ As a normative science: establishes norms for ways of thinking
the regulation and direction of human actions ● The term “morals” may be used to refer to
specific beliefs or attitudes that people have or
Etymology to describe acts that people perform
➔ Greek: Ethos (custom or habit)
➔ Ancient Greek: Ethikos (character; arising from THE ETHICAL DIMENSIONS OF HUMAN
habit) EXISTENCE (PART 2)
➔ Latin: Mores (manner, custom, usage)
➔ Ordinarily, they (morality and ethics) refer to ❖ Law: a certain rule and measure of acts
social or cultural standards and principles by whereby man is induced to act or is restrained
which we customarily judge things as right, from acting
wrong, good, and bad.
Sources of Authority
Ethics from other philosophy
➢ Whereas much of philosophy is concerned with A. 1. Positive Law
knowledge of “what is” (e.g. metaphysics, philo ➢ refers to different rules and regulations that are
of religion), ethics is concerned with theory and posited or put forward by an authority figure that
practice require compliance
➢ It is concerned with values, not the “whats” of
things, but what ought to be 2. Divine Law
➢ refers to laws derived from a transcendent
Ethics as subject of our study: source
➢ about determining the grounds for values with
particular and special significance to human 3. Natural Law
importance ➢ the moral standards that govern human behavior
are, in some sense, objectively derived from the
Kinds of Valuation nature of human beings and the nature of the
➢ Valuations that fall under the domain of world
aesthetics: ➢ it does not refer to the laws of nature, the laws
○ Aesthetics: aesthesis (sense or feeling) that science aims to describe
■ refers to the judgements of personal approval or
disapproval that we make about what we see, B. 1. Religion
hear, smell, or taste ➢ human beings’ relation to that which they regard
➢ Technical valuation as holy, sacred, absolute, spiritual, divine, or
○ Greek: Techne worthy of special reverence
○ refers to the proper way (right way) of doing
things
➢ it is also commonly regarded as consisting of the ● When one is placed in a situation and confronted
way people deal with ultimate concerns about by the choice of what act to perform, one is
their lives and their fate after death called to make a moral decision
Postscript
➢ Human Law
■ Specific statutes of the governments
■ Derived from general precepts of the natural law
■ Repudiated the notion that a law was a law only
because it was decreed by the sovereign
■ Some laws are opposed to Divine Good; such
are laws of tyrants including idolatry, or to
anything else contrary to the Divine Law.
■ “We ought to obey God rather than human
beings.”
➢ Divine Law
■ Law given by God directing people to their end
■ Given to us through revelation and is found in
Scriptures
■ It is not a product of human reason but given to
us through God’s grace to ensure that we know
what we must do to fulfill both natural and
supernatural ends
Plato views justice as some kind of harmony among The Distribution of Rights and Socio-economic
the basic constituents of a certain organization. On Goods
the level of the person, it is the harmony among
the basic elements of the soul, namely reason, spirit Among the things that can be distributed, two
(passion), and appetite (desire); while on the level primary social goods are rights and socio-
of the society, it is the harmony among the three economic goods. The distribution of socio-
main classes of people, namely the rulers (the economic goods is dependent on the distribution of
philosopher-kings), the military, and the artisans and rights (for to deserve a socio-economic good one
farmers. must first deserve the right to have it).
Three Basic Kinds of Justice ➢ There usually are sanctions (in the form of
blame or punishment) if one fails to perform a
1. Distributive Justice duty, while there are none if one fails to
➔ refers to the just distribution of benefits (such as exercise a right.
rights and socio-economic goods) and burdens
(such as sacrifices and obligations) ➢ Rights and duties, however, are tightly
correlated in that rights impose duties and
2. Retributive or Retaliatory Justice duties exist in recognition of rights. For
➔ refers to the just imposition of punishments and example, the mother has the right to impose
penalties on those guilty of performing wrongful duties on the boy but the boy recognizes them to
acts be his duties only because he recognizes the
right of his mother to impose such duties on him.
3. Compensatory Justice
➔ refers to the just way of compensating people ❖ Kinds of Rights
for what they lost as a result of wrongful actions
done on them ➢ Rights are classified in two ways:
■ The first uses for its basis the kind of duties
Generally speaking, a certain kind of distribution is imposed by rights; and in this classification,
just if the recipients of the distribution receive what rights are either positive or negative.
they deserve, an imposition of a certain type of
■ The second uses for its basis the relevant
features for the acquisition of rights; and in this ◆ Contractual rights
classification, rights are either legal, ● rights one acquires when one enters into a
contractual, or human. contract or an agreement with another party,
which can be a person, a group of persons, a
a. Positive and Negative Rights company, or an institution. Contracts are
➔ Two kinds of duties imposed by rights: duties basically agreements, consisting of rights and
of non-interference and of positive performance duties, between two or more parties, which can
➔ Duties of non-interference are duties not to be formal or informal. Formal contracts are
interfere in the exercise of rights, while duties of written in that the rights and duties of the parties
positive performance are duties to provide the involved are explicitly specified in some
necessary conditions for the exercise of rights. document. Informal contracts are unwritten
➔ All rights impose the duties of non-interference agreements in that the rights and duties of the
while some rights impose the duties of positive parties involved are merely implied.
performance.
➔ If rights only impose the duties of non- ◆ Legal rights
interference such rights are called negative ● rights that one possesses by virtue of one's
rights, whereas if rights impose both duties of citizenship—which is acquired either by birth or
non-interference and positive performance such by choice. Such rights are specified in the
rights are called positive rights. constitution of the country in which one is a
citizen, and are binding only within the
b. Contractual, Legal, and Human Rights jurisdiction of the legal laws of such a country.
➔ Members of a family, for instance, have their ● Legal rights, like contractual rights, are
rights and duties, and so are members of an temporary rights for once a person changes his
academic community, of a church, of a sports or her citizenship he or she acquires a different
club, of a nation, and of the whole human race. set of legal rights.
Membership in a certain group, however, is
based on possession of a certain relevant ◆ Human rights
feature or a set of these features that varies ● rights all humans possess simply by virtue of
according to the nature of the group. being humans. The only relevant feature to be
➔ In some cases, a person does not have a choice entitled to such rights is being human. Thus,
as regards the groups that he belongs to. But in differences in gender, race, character,
some cases, a person has a choice. Still in intelligence, wealth, physical appearances, and
some cases, a person initially does not have a nationality, among others, do not have any
choice but later on acquires it. bearing on one’s possession of such rights.
➔ Now in cases where a person has such choice, ● Since being human is the most general feature
in addition to possessing the relevant features, of all humans, human rights are therefore
his or her membership in such group, from an universal and the highest kind of rights. For
ethical point of view, should also have his or her this reason, human rights serve as the basis for
voluntary and informed consent—that is, he evaluating (instituting, amending, or repealing)
or she must be fully aware of the nature of such legal and contractual rights.
group and he or she must not in any way be
forced to join it. ➔ How are human rights known? More importantly,
➔ Membership in a group, therefore, is what gives how do we know whether a certain contractual
an individual a certain kind of rights and duties. or legal right conforms to or violates human
The groups that we can be members of can rights?
be classified into three general kinds: ◆ The moral theory of Immanuel Kant, known as
namely, contractual groups or institutions, the categorical imperative, provides a good
nations or states, and humanity or the answer. Two general principles constitute this
human race. Accordingly, rights are classified moral theory; namely, universalizability and
as contractual, legal, and human or moral. respect for persons.
◆ The principle of universalizability states that citizenship in the country that guarantees such
an act is morally good if its maxim (the personal legal rights, then all citizens of such a country
rule that it follows, which ensures that the act is are entitled to the same legal rights.
intentional) can meaningfully be made as a
universal law (or as a law for everyone). The ➢ Unlike human and legal rights, contractual
resulting universal law is meaningful if its key rights have both vertical and horizontal
concepts do not contradict one another; distributions; but like human and legal rights,
otherwise it is a meaningless law and hence is their horizontal distributions should likewise be
non-universalizable. equal.
◆ The principle of respect for persons, on the
other hand, states that an act is morally good if it ➢ In contrast to horizontal distributions, logical
does not use persons merely as means to consistency requires vertical distributions to
satisfy one’s personal interests but treats them be unequal. In the realm of rights, vertical
as ends-in-themselves as well (that is, respects distributions, for reasons already stated above,
their choices and preferences as well). are only applicable to contractual rights.
Each position in a hierarchy of positions or
❖ Equal and Unequal Distributions functions requires its own qualifying features; as
such, the same contractual rights cannot be
➢ Distributions can either be equal or unequal, and given to the different positions. And since their
the basic problem of distributive justice is to functions differ, their rights should differ as well.
ascertain the conditions under which equal and
unequal distributions are just. Much of the ❖ The Case of Socio-economic Goods
confusions and disagreements over this problem
can be avoided by introducing the distinction ➢ Socio-economic goods are things that are
between horizontal and vertical distributions. desirable for their social and economic (or
monetary) value. Social goods include wealth,
➢ A horizontal distribution distributes goods to honor, office, and power; while economic goods
people with the same relevant features, while a include food, house, cars, books, computers,
vertical distribution distributes goods to people and other material possessions. Socio-economic
with different relevant features. By relevant goods are also referred to as public goods for
features we mean those features that qualify us they are contrasted with private goods whose
to be members of a certain group and thereby value is privately determined, such as those
entitle us of the rights attached to such things said to have a sentimental value for an
membership—for this reason, we shall also refer individual.
to such features as qualifying features.
➢ It shall, however, be observed that what entitles
➢ With regard to horizontal distributions, logical us to possess socio-economic goods of a certain
consistency requires that they be equal. That is, kind and amount are rights. Thus, if we attach a
to give persons unequal share of the distribution certain kind and amount of goods to human and
when they have the same qualifying features is legal rights, then such goods can only be
logically inconsistent. distributed horizontally and hence should be
distributed equally. On the other hand, if a
➢ In the context of the distribution of rights, certain kind and amount of such goods is
persons who have the same qualifying features attached to contractual rights, then such goods
should be given or recognized as having the can both be distributed horizontally and
same rights. Consequently, since the only vertically, and hence should be distributed
qualifying feature for one to be entitled to equally and unequally.
human rights is to be human, then all humans
must be recognized as having the same human ➢ Since the attachment of socio-economic goods
rights. Likewise, since the only qualifying to a certain right makes such a right positive—
feature for one to be entitled to legal rights is for here the duty is basically one of positive
performance, the amount of such goods that can
be attached to certain rights will be dependent ❖ Need
on the economic status of the one that will ➢ Socialist Justice claims that a certain distribution
provide such goods. is just if every member of a group receives his or
her share in the distribution according to or in
Bases of a Just Distribution proportion to his or her needs. Consequently,
❖ Equality the greater one's needs the greater should be
➢ Egalitarianism claims that a certain distribution is his or her share in the distribution, and the
just if every member of a group receives an lesser is one’s needs the lesser should be his or
equal share of the distribution. On the level of her share in the distribution.
state distributions, this view has two versions; ➢ This view seeks to balance off natural
namely, Political Egalitarianism, which argues inequalities—referring to the inequality in our
for equality in the distribution of legal rights, and initial endowments in life which include our
Economic Egalitarianism, which argues for genes, natural talents, inherited economic
equality in the distribution of socio-economic resources, and the social status of our parents
goods ➢ Socialist justice is actually a critical reaction to
➢ Equality of legal rights is a widely accepted capitalist justice, which, from the point of view of
social ideal. As humans are equal in terms of socialist justice, simply worsens the said natural
their possession of human rights, they ought to inequalities thereby resulting in the widening
be equal, too in terms of their possession of gap between the rich who are few and the poor
legal rights. who are many. More specifically, some people,
➢ Equality of socio-economic goods, however, because of their unfortunate initial endowments
is acceptable only on the level of the basic in life, are initially disadvantaged thereby making
necessities of the citizens, the satisfaction of it difficult for them to compete with those who
which will enable them to live a decent life. This are initially advantaged.
is what is supposed to be guaranteed by the ➢ Justice based on needs is actually a part of a
minimum wage law, wherein citizens are equal larger principle enunciated by Karl Marx in his
in terms of the lowest possible wage that they critique of capitalism; namely, “from each
can receive from doing work that is legal. according to his abilities, to each according
to his needs”.
❖ Contribution ➢ According to this principle, the kind of work that
➢ Capitalist Justice claims that a certain people should do should be based on their
distribution is just if every member of a group natural talents. This is to ensure that their work
receives his or her share in the distribution will be fulfilling and not dehumanizing or
according to or in proportion to his or her alienating. On the other hand, their share of the
contribution to the success of the goals of proceeds of their work should be based on their
the group. Consequently, the greater is one's needs. And this is to prevent inequalities
contribution the greater should be his or her concerning resources.
share in the distribution, and the lesser is one’s
contribution the lesser should be his or her ❖ Efforts
share in the distribution. ➢ Justice Based on Fair Opportunity claims that a
➢ This is the kind of justice that exists in the free certain distribution is just if every member of a
market system where the value of goods and group receives his or her share in the distribution
human labor is determined by the market forces according to or in proportion to the effort he
such as how they fare in an open and free or she has exerted in achieving the goals of
competition and the law of supply and demand. the group. Consequently, the greater is one’s
A major thinker behind the free market system is effort the greater should be his or her share in
Adam Smith who argues that allowing people to the distribution, the lesser is one’s effort the
freely pursue their selfish economic interests lesser should be his or her share in the
(that is, without any government intervention) distribution.
will eventually lead to the good of society.
➢ This view is advanced by Joel Feinberg who morally good if it accords with the Greatest
argues that the proper criterion for a just Happiness Principle.
distribution should be a human feature that
everyone involved in the distribution should ❖ Fair Principles of Justice
have a fair opportunity to acquire or to work for ➢ Justice as Fairness is advanced by John Rawls
in varying degrees, thereby making those who and it claims that a certain distribution among
possess such feature responsible for it. members in a group is just if the principles that
➢ The point is that we should only be rewarded or govern such distribution are chosen by the
punished for something we are responsible for. members in a fair manner.
In this light, Feinberg rejects the criteria of ➢ Rawls claims that in a fair manner of choosing
needs, merits and achievements, and the principles that will govern distributions
contribution or productivity, which he (basically, one in which biases are temporarily
regards as heavily influenced by one’s initial put aside), two principles will be chosen;
endowments in life; and favors effort, which namely, the principle of equality, which claims
he believes to be the criterion that satisfies that everyone should have equal rights and
the fair opportunity requirement. liberties, and the difference principle, which
claims that inequalities in the distribution of
❖ Utility socio-economic goods should likewise
➢ Utilitarianism, a moral theory developed by benefit the least advantaged members of
Jeremy Bentham and John Stuart Mill, has a society and should be attached to positions and
different take on the issue. The issue for offices open to all.
Utilitarianism is not whether a distribution is just, ➢ Rawls comes up with a mechanism or
but whether it is morally good according to its procedure that will ensure the fairness of the
own standard of morality. choice of the principles of distribution. He calls
➢ To fully understand this claim, we need to this procedure the original position, where
distinguish between those that are desired for people are to imagine that they are under the
their own sake, which are considered to be veil of ignorance—a condition where people
inherently good, and those desired for the sake are supposed to forget the particular
of attaining some other desirable things, which characteristics of their lives, such as their social
are considered to be instrumentally good. status, gender, religious beliefs, and others.
Consequently, something that is inherently What should be included in the veil of ignorance
good will always be good whatever the are features of one’s life that are irrelevant to the
circumstances are, while something that is issue at hand and thus will only make one’s
only instrumentally good is good only under decisions on the issue biased.
certain circumstances.
➢ Utilitarianism regards justice merely as an ❖ Moral Rights
instrumental good, for Utilitarianism regards ➢ Libertarianism is advanced by Robert Nozick
happiness or pleasure as the only inherent and it claims that distributions are just when no
good and pain as the only inherent evil. This moral rights are violated in the two
view further contends that since happiness is processes involved in the act of distribution
the only inherent good, then our moral duty is to —the process of acquiring ownership of the
maximize it both in terms of quantity and quality. goods to be distributed and the process of
➢ The guiding principle of such duty is the so- transferring the ownership of the goods to be
called Greatest Happiness Principle, which distributed.
states that an act is morally good if it ➢ More specifically, this view claims that a
promotes the greatest happiness of the distribution is just if the goods to be distributed
greatest number of people. This principle, are acquired by their owner in a manner that
however, does not mean that the happiness of does not violate moral rights and that such
the greater number always constitutes the goods are distributed by the owner to other
greatest happiness. Consequently, for this view, people in a manner that does not likewise
any form of distribution, whether just or unjust, is violate moral rights.
➢ Nozick speaks of a minimum moral limitation or
constraint to our dealings with one another. This
limitation is set by Kant’s principle of respect
for persons, which we have discussed earlier in
relation to human rights. In its modern version,
this principle states that we should treat our
fellow humans only in a manner to which
they will give their informed and voluntary
consent. Consequently, this principle serves as
the test for whether the two processes of
distribution are done in violation of moral rights.
➢ Nozick classifies the various theories of
distributive justice as either end-result-
oriented, if they judge the justice of a certain
distribution on the basis of what happens
after the distribution; or means-oriented, if
they judge the justice of a certain distribution on
the basis of how the distribution is carried
out.
➢ Nozick classifies his own theory as means-
oriented while all the others as end-result-
oriented. The problem with end result-
oriented theories, according to Nozick, is that
in ensuring that the end result of a distribution
complies with a certain pattern, say according to
needs, effort, or contribution, the moral rights
of some persons involved in the distribution
may be violated.
Conclusion