Chapter 3

Decision Making in Value Issues

and Private Law
Value Confrontations

• Values
– Tell us what is right and wrong, good and evil
– Imply a preference to correct human behavior
– Attempt to be constructive, not destructive,
over issues involving personal values
Essential Mental Attributes for Ethical Reasoning
Teleological (Consequence-oriented) Theories
(slide 1 of 8 )
• Consequence-oriented Theories
– Judge rightness or wrongness of decisions
based on outcomes or predicted outcomes
– The right thing to do is the good thing to do
Teleological (Consequence-oriented) Theories
(slide 2 of 8)
• Utilitarianism
– Jeremy Bentham (1748–1832) and John
Stuart Mill (1806–1873)
– The good resides in promotion of happiness
or greatest net increase of pleasure over pain
– Happiness as higher-order pleasures:
intellectual, aesthetic, and social enjoyments
Teleological (Consequence-oriented) Theories
(slide 3 of 8)
• Act Utilitarianism
– Decision based on possible alternatives for
action
– Weighing each to amount of pleasure or utility
it provides
– Selecting course of action that maximizes
pleasure
Teleological (Consequence-oriented) Theories
(slide 4 of 8)
• Equal Consideration of Interest
– Individual not allowed to increase his share of
happiness at expense of another
– One ought to act to produce greatest balance
of happiness over unhappiness, everyone
considered
Teleological (Consequence-oriented) Theories
(slide 5 of 8)
Teleological (Consequence-oriented) Theories
(slide 6 of 8)
• Criticisms of Utilitarianism
– Calculation of all possible consequences of
our actions, or inactions, appears impossible
– May be used to sanction unfairness and
violation of rights
– Not sensitive to agent-relativity of duty
Teleological (Consequence-oriented) Theories
(slide 7 of 8)
• Criticisms of Utilitarianism (continued)
– Does not seem to give enough respect to
persons
– Justifiable to prevent others from doing what
we believe to be harmful acts to themselves
– Does not provide basis for our own moral
attitudes and presuppositions
Teleological (Consequence-oriented) Theories
(slide 8 of 8)
• Rule Utilitarianism
– Action deemed to be right if it conforms to a
rule validated by the principle of utility
– Principle of utility: rule brings about positive
results when generalized to variety of
situations
Deontological (Duty-Oriented) Theories (slide 1 of 6)

• Duty-oriented Theories
– Basic rightness or wrongness of act depends
on its intrinsic nature rather than on situation
or consequences
– Act in itself right or wrong; it could not be both
Deontological (Duty-Oriented) Theories (slide 2 of 6)

• Immanuel Kant (1724–1804)

– Morality derived from rationality, not from
experience
– Obligation grounded in pure reason
– Categorical imperative: do not admit
exceptions
Deontological (Duty-Oriented) Theories (slide 3 of 6)

• Imperative
– Command derived from a principle
– Maxim understood as universal law
• Universal application
• Unconditionality
• Demanding an action
Deontological (Duty-Oriented) Theories (slide 4 of 6)
Deontological (Duty-Oriented) Theories (slide 5 of 6)

• Criticisms of Kant
– Too rigid for real life
– Morality cannot be derived from pure reason
– Disregard of consequences of our actions can
lead to disastrous results
– Even though nonhuman animals feel pain and
pleasure, they do not have independent moral
standing since they are not rational beings
– Possible to be faced with a conflict between two
duties equally supported by an imperative
Deontological (Duty-Oriented) Theories (slide 6 of 6)

• Contract Theory of John Rawls

– Individual in social situation requiring value
choice without knowing role he was playing in
situation
– Individual would choose alternative that best
supported or favored most disadvantaged
person
– Secure basic liberties for all
Virtue Ethics (slide 1 of 4)

• Focus on characteristics, traits, or virtues a good

person should have
• Personal character and moral habit development
rather than a particular action
Virtue Ethics (slide 2 of 4)

• Aristotle’s Traits of a Virtuous Character

– Virtuous acts must be chosen for their own
sakes
– Choice must proceed from firm and
unchangeable character
– Virtue is a disposition to choose the mean
Virtue Ethics (slide 3 of 4)
Virtue Ethics (slide 4 of 4)

• Ethics of Care
– Psychologist Carol Gilligan
• Males embrace ethic of rights and justice, using
quasi-legal terminology
• Females affirm ethic of care on responsiveness
toward needs of others and prevention of harm
Divine Command Ethics (slide 1 of 2)

• Divine being set down finite series of rules that

adherents claim can provide guidance to most, if
not all, moral decisions
– Judeo-Christian Ten Commandments
– Buddhism’s Four Noble Truths and Eight-Fold
Path
Divine Command Ethics (slide 2 of 2)

• Criticisms of Divine Mandate Theory

– Assume belief in divine beings or exemplary
individuals
– Cannot cover all possible cases of moral
decision
– Have a “no exceptions” clause
– Euthyphro Problem
Private Law (slide 1 of 5)

• Private Law
– Recognition and enforcement of rights and
duties of private citizens and organizations
– Tort action
• Existence of legal duty from defendant to plaintiff
• Breach of that duty
• Damages which are a proximate result
Private Law (slide 2 of 5)

• Tort Categories
– Negligent torts
– Intentional torts
– Liability assessed irrespective of fault
• Negligence
– Unintentional commission or omission of act a
person would or would not do under same or
similar circumstances
Private Law (slide 3 of 5)

• Common forms of negligence

– Malfeasance: execution of unlawful or
improper act
– Misfeasance: improper performance of act
that leads to injury
– Nonfeasance: failure to perform an act, when
there is a duty to act
– Criminal negligence: reckless disregard for
safety of another
Private Law (slide 4 of 5)

• Ds of negligence case
– Duty
– Dereliction of Duty
– Direct Cause
– Damage
Private Law (slide 5 of 5 )

• Intentional torts in health care practice

– Assault and battery
– Defamation of character (libel and slander)
– False imprisonment
– Invasion of privacy
Conclusion (slide 1 of 2)

• Value systems or worldviews shaped by events

of our lives and traditions of our people
• Ethical systems
– Duty orientation
– Consequence orientation
– Divine mandate
– Virtue ethics
Conclusion (slide 2 of 2)

• Public law deals with relationships between

private parties and government
• Private law deals with relationship between
citizen and citizen