I Year B.A./B.B.A., LL.

B  – Semester-I (2020)

1 -Internal Assessment 
st

Foundations of Ethics

NAME: Mokshha Sharma
DIVISION: C
PRN: 20010126253
COURSE: BBA LL.B. (H)
BATCH: 2020-2025
Considering the given circumstances the answers to the questions are as follows:

1. Should the country of Algard be held responsible for the spread of Zorona Virus
worldwide, despite having taken immediate robust measures to contain the same?
Justify your answer.
Algard is a state which is driven by the purpose of scientific development by means
of which it aims to establish worldwide supremacy. The case study highlights various
incidents where in the state functionaries tried to suppress the cause of the public and
neglected loss of life referring to it as mere ‘collateral damage’ which showcases the
state’s incontestable totalitarian attitude.
In the given problem statement, Octopus Labs Pvt. Ltd. , aspired to bring to reality
the government’s goal of superior scientific development. Dr. Dre who was working on a
coveted scientific experiment died an unnatural death. Subsequent to which occurred
forty such unfathomable incidents within a time frame of two weeks. Under such
suspicious circumstances it is the prime responsibility of the concerned laboratory and
more than that of the government to investigate and address the stigma at the earliest.
However, the authorities showed a contrary behavior by not allowing Mr. Krum the lab
janitor to spread awareness regarding the outspread of a potentially harmful disease.
Furthermore, when Ms. Ding made a substantial attempt via social media to bring to
everyone’s notice a sudden augment in cases of an acute respiratory issue, the
government passed orders to take off the respective video from all platforms.
The government of Algard claimed that its acts are done to cater to the
maintenance of ‘public order’ and to prevent ‘disruption of peace and harmony’, quite
ironically their condemnable negligence lead to a mass death of fifty thousand. There is
no denying in the fact that the causative ‘zorona virus’ is an organism of natural
occurrence but the state Algard can definitely be held legally and criminally liable firstly
for carrying out ultra hazardous activities in laboratories and secondly for its deliberate
inaction despite witnessing various incidents of abnormal deaths. The spread of ‘zorona
virus’ could not have been prevented but it surely could have been controlled had the
state Algard been keen on invoking its responsibility for this infectious disease outbreak.
Besides omitting from its constitutional responsibility, Algard has also breached its
 international obligation and therefore it should not only bear the legal responsibility but
also pay full reparation to the victim population.

2. Whether the action of Milgard in stopping the supply of masks out of anger and the
accusation of “negligence” is justified, considering the fact that no measures were
taken by the country to stop the virus from spreading within its state? Justify your
answer.
The state of Milgard entered the picture playing the role of a benefactor and
provided Algard with a generous supply of masks. However, eventually when ‘zorona
virus’ spreads across other countries including Milgard causing one million deaths
worldwide, Milgard withdraws the helping hand it earlier extended towards Algard as a
sign of solidarity. Moreover Milgard accused Algard for being negligent when the
government of Milgard itself did not take requisite measures for preventing the spread of
virus within the state. Further in the problem when Algard approached for aid, Milgard
did not cooperate and rather took advantage of its diplomatic international relations and
appealed to world for cessation of trade relations with Algard. Inspite of constant increase
in the number of cases in Milgard, the state functionaries imposed no national lockdown
or other similar means to curb the spread of the virus.
From the connotation of legal ethics the state of Milgard has transgressed the
principles of ‘utilitarianism’ and ‘deontology’. Utilitarian ethics are future looking and
recognize universal happiness as the greatest good. Also known as the ‘greatest happiness
principle’ it states that actions are right in proportion as they tend to promote happiness,
wrong as they tend to produce the reverse of happiness. As far as Deontological Theories
are concerned, they assert that moral duties are transcultural and universally binding and
thus a moral duty should take precedence over any other action or duty. Had Milgard not
terminated the supply of masks it would have assuaged the large scale pain and suffering
of zorona virus patients. In addition to that Milgard owed a moral obligation of assisting
Algard in such critical time of need, but actions of Milgard were contrary to ideal. Hence,
it can clearly be concluded from the unmindful attitude of the state of Milgard that it is
guilty of being inconsiderate towards the ‘universal happiness’ of the world and violated
 its moral obligation and duty of care not only towards its own citizenry but also towards
humanity on the whole. Thus its acts out of mere indignation were downright infraction
of aforementioned principles and were expressly vindictive, unnecessary and unjustified.

3. Apply any of the following concepts of your choice to the abovementioned situation:
Moral Subjectivism, Moral Objectivism, Utilitarianism, Consequentialism or
Deontology (Any 1). Elaborate with examples from news, current affairs, history
and case laws where ever necessary.
Pertaining to the given situation of Algard and Milgard, the principle of
Deontology stands most appropriate in order to deliberate further upon the problem at
hand. This ethical theory is most closely associated with German Philosopher Immanuel
Kant. The theory states that we are morally obligated to act in accordance with a certain
set of principles and rules regardless of outcome. Under Deontological ethics the supreme
categorical imperative is, “Act only on that maxim through which you can at the same
time will that it should become a universal law.”
Algard’s aspirations ruled over its moral duties as a result of which it prevented
Octopus Labs Pvt. Ltd. from bearing the brunt of carrying out hazardous operations in its
laboratory. Also Algard through its attempts of snubbing activity related to dissemination
of awareness on social media platforms restrained other nations from bracing themselves
for the up roaring pandemic. However, the government of Algard did heed to the wake up
call and made significant efforts to oblige to their moral as well as constitutional duties of
taking suitable measures to control the sudden spread of virus. On the contrary, Milgard
initially extended help to Algard and stood by the legal ethics of deontology but later
withdrew its assistance out of mere resentment, overlooking the criticality of the
situation. In addition to that Milgard did not take any preventive measures, neglected its
duty towards its own populace and refused to impose a lockdown for the same which
resultantly lead to massive loss of human life.
To epitomize, some of the most appropriate instances where deontological ethics
have been applied include firstly, the ‘Universal Declaration of Human Rights’ which is a
list of specified humanistic duties and prohibitions designed on the lines of deontic logic.
 Secondly, ‘The Ten Commandments’ also known in Christianity as the ‘Decalogue’ is a
set of biblical principles relating to ethics and worship and include actions like keep holy
the Sabbath, do not commit adultery etc. therefore exemplifying deontological thinking.
Lastly, the ‘Italian Code of Medical Deontology’ can be simply termed as a medical
ethics document which sheds light on the behavior that physicians must observe in their
clinical practice.

4. Chalk out the ethical considerations from the side Algard and Milgard respectively,
which should be resolved/ or has been kept unresolved – keeping in mind the
dynamics of diplomatic relations between two states during a worldwide emergency.
In view of unsolved ethical considerations from the side of Algard, the prime one
was the violation of the theory of Kantianism. The key rules that are paramount to the
theory include firstly, to only do things one could rationally endorse everyone else doing
in similar circumstances and secondly, always treat others with respect, and never as
mere tools. The state functionaries of Algard valued their developmental ambitions over
the lives of its countrymen. Algard unequivocally suggested loss of human life as mere
‘collateral damage’ treating humans as trifling resources of scientific build-out.
Furthermore, it allegedly curtailed the right to information on the shaky grounds of
‘public order’, again rendering the principles of utilitarianism and moral subjectivism
inefficacious. Later in the problem, Algard releases a statement addressing the world and
asserting that the sole responsibility of the spread of zorona virus lies with Octopus Labs
Pvt Ltd and hence the country should be absolved from all the blame, very conveniently
shirking from the accountability it holds against its reckless approach. Here it again
negated the principle of deontology.
Considering Milgard’s side of the story, in the early instances Milgard was on
guard in order to shield its reputation and international relations, wanting to emerge as a
Good Samaritan. However true colors of hypocrisy found their way to highlight the greys
shading the diplomacy of Milgard. Explicitly overlooking fundamentals of moral
objectivism, utilitarianism and deontology, not only did Milgard refuse aid to the ailing
Algard but also abstained from undertaking precautionary measures in its own country.
 The diplomacy in the acts of Milgard and its superiority as a developed nation had clear
undue influence on other nations which resultantly made their acts subservient to
Milgard. In addition to that it also blamed Algard on the grounds that the spread of virus
is a scripted biological conspiracy for economic warfare.
In such times of dire need, the authorities of Algard and Milgard should empathize
with the sufferers and exist in congruity instead of calling off their international ties.
Creating social unrest is mere failure of diplomacy hence the only solution is to join
hands and work towards obliterating the problem at hand.

5. Write down your opinion on the ethical considerations of a state towards its citizens
during a pandemic/epidemic/man-made or natural disasters. Elaborate with
examples from news, current affairs, history and case laws wherever necessary.
The state is a fiduciary to it citizenry and owes an obligation to cater to all their
genuine needs and rights. A set of ethical principles should be formulated that can sever
as guidelines to state functionaries in times of emergencies like pandemic/epidemic/man-
made or natural disasters. It is also important to understand the role of public engagement
while developing these guidelines. Two core ethical values that a state must possess
together makes up an ‘ethical compass’ for states to help them find a direction in times of
emergency. The first value is ‘preparedness’. The government should at all times be
ready to face contingencies and there should be a pre established framework to meet
the crisis. For example: Japan rates among the top 30 countries in the world on
‘Government Effectiveness’. In wake of being most vulnerable to earthquakes the
Japanese government has educated its public on what to do in case of an earthquake or
tsunami, and has strengthened its infrastructure. Japan has also spent hundreds of
millions developing an earthquake early-warning system. The second value of the
compass is ‘reducing suffering’. The state must do all that is in its power to alleviate the
suffering of its people. Immediate resources should be created to accommodate all
unforeseen fallouts. For example: Taiwan which is home to nearly 23 million people was
expected to have the second highest number of COVID-19 cases due to its proximity to
and close ties with China but a number of immediate measures like stopping exports of
 surgical face masks on and taking charge over its pricing and distribution. Local
companies were asked to step up production. The government also claimed a stockpile of
surgical and N95 masks (which have been divided between the public, medical and
industrial sectors) and 1,100 negative-pressure isolation rooms. Educating the public
about the coronavirus-associated risks and precautions also proved to be instrumental.
In times of such extremities, natives to a state require the government’s assistance
and guidance and in response to that the state wants its public’s whole hearted
compliance to the policies made. With rational and ethical leadership a nation can always
be resurrected and thereon prosper.