1/10/04 Miller CSS309 1 Ch0 Ethical Foundations COMPUTER ISSUES FOR LAW ENFORCEMENT

1/10/04 Miller CSS309

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Ch0 Ethical Foundations

COMPUTER ISSUES FOR LAW ENFORCEMENT


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THIS COURSE"is not intended to change peoples basic set of ethical values, but rather to assist users of computers and data communications in clarifying and applying their ethical values as they encounter new, complex situations where it may not be obvious how ethical values may apply or where the appropriate application of one of these values may conflict with other ethical values."Parker, Donn, Susan Swope, and Bruce Baker. Ethical Conflicts in information and Computer Science, Technology, and Business. QED Information Sciences, Inc. Wellesley, Massachusetts, 1990, p1.


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EthicsEthics is the study of what it means to "do the right thing." It is the study of ways to distinguish right from wrong.

Ethical theory is based on the assumption that people are rational and make free choices.

If ethical rules are followed and they are good ones then they tend to make our lives better.


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EthicsThere are often very practical reasons for behaving ethically.

Ethics has to do with making a principle-based choice between competing alternatives. In the simplest ethical dilemmas, this choice is between right and wrong.

Choosing right from wrong usually is not very difficult, but right from right is an entirely different matter.


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Ethics

Ethical principles are basically ideas of behavior that are commonly acceptable to society.

We want to make decisions based uponwell-reasoned, defensible ethical principles and avoid the problems associated with only relying on intuition or personal preference.


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Webster SaysMoral, Ethical, Virtuous, Righteous, and Noble mean conforming to a standard of what is right and good.Moral implies conforming to established sanctioned codes or accepted notions of right and wrong.Ethical may suggest the involvement of more difficult or subtle questions of rightness, fairness, or equity.Virtuous implies the possession of manifestations of moral excellence in character.Righteous stresses guiltlessness or blamelessness and often suggests the sanctimonious.Noble implies moral eminence and freedom from anything petty, mean, or dubious in conduct or character.


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Voluntary/Ethical Acts

When we talk about right or wrong acts we are always talking about voluntary acts. Here we define an act to be voluntary if the person doing the act could have acteddifferently if he had chosen to. (Note all ethical theories deal with voluntary acts.)


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Relativism

View all standards and judgments as relating to a particular context with no general validity outside that sphere. (When in Rome ..., Who's to say?, It is all a matter of opinion, That may be good for you but ..., If __ doesn't care it shouldn't bother you. ) To the relativist all moral evaluations are arbitrary preferences, depending entirely upon the individual, the situation, the culture, and the times.


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Relativism

In the past, there was little room for relativism if you knew that the values you possessed were universal and absolute because your society or culture or religionhad the absolute right ones because they had obtained them from the true god or gods. And then we learned that the earth was not the center of the universe and that there were other peoples and cultures.


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Dates1492 Columbus discovers the “new world”.1543 Copernicus “earth not center of universe”.1577 Kepler discovers a supernova.1641 Rene Descartes, the father of modern philosophy, observes that much of what he has been told has turned out to be false.1517 Martin Luther starts Protestant Reformation which leads to war 1618-1648.1715? Leibniz proposes universal language tobe used to find common ground in conflictingreligious and philosophical beliefs.


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Sources for Relativism

1. Tolerance There is a desire to practice tolerance, to take an open-minded approach towards otherpeoples ideas.

2. Freedom of choiceMaximize freedom of choice. If there are no objective truths and correct moral principles then our range of choices is considerably larger.


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Sources for Relativism

3. Intellectual uncertaintyAccording to the scientific attitude we should constantly analyze and criticize our assumptions.

4. Awareness of diversityWe are acutely aware of the multiplicity of societies in the world all with their own set of beliefs.


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Looking at Relativism

“Vulgar Relativism” is the doctrine that “no point of view about values is objectively better than any other.” The ancient Greeks refuted this position by pointing out that claiming that the best view about values was that there was no best view was a contradiction.


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Looking at Relativism

The claim that whatever a person believes to be true is true to him leads to absurdity (a square has three sides).

We can't even argue that relativism promotes tolerance because by advocating the value of tolerance we give this value objective worth and deny the relative position.


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But ifBut if relativism of values is interpreted to mean that all values are good merely for particular persons are groups or from particular points of view, (not for all persons and all points of view) implying you can’tfind universal values because of an inabilityto rise above all particular perspectives, thenjudgments of good or evil, right or wrong, reduce to reflections of personal view.


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The SearchTo refute real relativism, not the vulgar kind,one needs to show how one can rise above limited points of view to establish the validityof some universal values and to say what those values might be.

In the past this was easy because all that was needed was an appeal to religious or other authorities. But now those often conflict.


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Universalism

TeleologismConsequentialism

DeontologismFormalism

Altruism

UtilitarianismJeremy BenthamJohn Stewart Mill Egoism

KantianismImmanuel Kant

SentimentalistDavid HumeAdam Smith

Social Contract Theories

IdealJohn LockeRousseau

HobbesianThomas Hobbes


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Sentimentalist Alternative

Ethical view attributed to David Hume (1711-1776), his friend Adam Smith (1723-1790) who was also know for work in economics, and others, according to which ethical and other judgments about right and wrong, virtue and vice, are based upon sentiments of approval or disapproval that are rooted in common human sentiments of sympathy and benevolence.


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Hume talks of common human virtues, such assympathy, beneficence, friendliness, kindness, integrity, honesty, gentleness, and cheerfulness, and has no doubt that all right-thinking persons would prefer these virtues and shun vices such as cruelty, treachery, and dishonesty, becausevirtues are socially beneficial and vices, harmful.


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Adam Smith authored a book entitled A Theory of the Moral Sentiments, in which he traced the roots of morality to common human sentiments of sympathy and benevolence. In economic theory he argues for the benefits to society of individuals pursuing their own economic self-interest.He also felt that the human sentiments of sympathy and beneficence would curb thedangers of the marketplace.


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Deontologism(Formalism)

Here we judge rightness by looking at the behavior itself and not its consequences. (Reason based ethics)

Deontology is the study of moral obligations. The name Deontology is derived from the Greek word deon which means duty.


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DeontologismFormalism

Deontologism or Formalism can be defined as the theory that we should live in accordance with principles of right conduct. The rightness or wrongness of actions is thought to lie outside of ourselves and not in any subjective attitude we might take. Certain acts are right to do,others are wrong, and we are obliged to pursue the one and avoid the other.


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Immanuel Kant (1724-1804) Kant exerted a profound influence on philo-sophic thinking throughout the nineteenth and well into the twentieth century. He was very ordinary in his personal life, living a precise, methodical existence as a professor of logic and metaphysics. He never married, never traveled more than forty miles from Königsberg, never varied his daily routine, and when the King of Prussia asked him not to publish anymore "alarming" thoughts on religion he stopped and started publishing again only after the king died.


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Immanuel Kant (1724-1804)

Kant argued that for an action to have moral content it had to be done out of an obligation (duty) to follow moral principles. His original works are serious deep reading.

Practical reason is the tool we can use to gain insight in ethics and moral law. Reason about what makes sense and act accordingly.


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Kant’s Categorical Imperative

(First formulation) “Act only on that maximwhich you can at the same time will that it should become a universal law” for everyone to follow.

Note: This can be viewed as a restatementof the Biblical instruction “Do unto others as you would have them do unto you.”


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Kant’s Categorical Imperative

(Second formulation) “Act so that you always use humanity in your own person, as well as in the person of every other, never as a means, but at the same time as an end”

Note: To treat someone as an end is to respect their desires and purposes, to treat them as means is to use them for one’s own purposes.


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Kantianism

We will sometimes see Kant’s two formulations of his categorical imperative expressed as: It is absolutely necessary for a person to treat others equally (consistency) and with respect.

Consistency: If an action is not right foreveryone then it is not right for anyone.

Respect: Treat people with respect.


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ConsequentialismTeleologism

Here we judge the rightness of an action by the outcomes.

Altruism: You sacrifice to benefit others.

Egoism: Maximize benefit or minimize harm to yourself.

Utilitarianism: Seek maximum benefit for the group.


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Altruism

An unselfish regard or devotion to the welfare of others.

We will refer to altruistic acts or even altruistic lives.

Putting others first with no expectation ofreward for the act.


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Psychological Egoism

Psychological Egoism argues that to pursue ones' own advantage is a psychological law of nature and because of this there is no choice to be made. An interesting consequence of this thought is that since moral actions are motivated by concern for others (and we can't do that) that moral judgments must be totally irrelevant.


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Ethical Egoism

Ethical Egoism maintains that whether or not people do act only for themselves nevertheless they should. The best known proponents of this position is Machiavelli who wrote a handbook on manipulating people out of self interest (The Prince).


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Utilitarianism

Jeremy Bentham (1748-1832) and John Mill (1806-1873) "the greatest amount of happiness for the greatest number of persons." Everyone's happiness is important including one's own.

Mill- "in the golden rule of Jesus of Nazareth, we read the complete spirit of the ethics of utility. 'To do as you would be done by,' and 'To love your neighbor as yourself,' constitute the ideal perfection of utilitarian morality."


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Bentham/MillBentham worked for prison reform and revising the crime-penalty structure.

Mill was politically active and helped take power away from the landed gentry. He also introduced legislation for women's voting rights. "A sacrifice which does not increase the sum total of happiness, is considered as wasted."

Their aim was to reduce the amount of misery for mankind and increase the sum of human happiness.


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Stakeholders

A stakeholder is any person or organization with a stake in the decision.

Utilitarian Ethical analysis should result in a defensible ethical decision that on balance does the best for all stakeholders. (note thatstakeholders are not guaranteed equal outcomes or even positive outcomes.)


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Calculus of pleasures (Bentham)hedon= unit of pleasure or pain.(Bentham def.)

hedonism = The doctrine that pleasure or happiness is the sole or chief good in life.

hedonistic calculus = a method of determining the rightness of an action by balancing the pleasures and pains it would produce.


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Calculus of pleasures (Bentham)The seven factors for measuring pleasure:

Intensity: Why not have pleasures as strong as possible?

Duration: If it's good longer is better.

Certainty or Uncertainty: If you know you are going to like it give more points than if you are not sure.


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Calculus of pleasures (Bentham)

Propinquity or Remoteness: How long do I have to wait?

Fruitfulness: Will the following sensation be of the same kind?

Purity: Will the following sensation be of the opposite kind?

Extent: How many people are affected?


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Act vs. Rule Utilitarianism

Act UtilitarianismEvery act should be evaluated in terms of the greatest happiness principle. (Bentham)

Rule UtilitarianismThe greatest happiness principle should be used to establish general rules of behavior. (Mill)


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We will look at two types of contemporarysocial contract theories, Hobbesian whichcomes from the work of Thomas Hobbes and Ideal which comes in large part from the work of Locke and Rousseau. We will pick up John Rawls work (also ideal) when we apply ethics to the question “How Good is Good Enough?”


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Hobbesian social contract theories imposeonly the requirement that the contractors rationally seek their own enlightened self-interest.

Ideal social contract theories impose certainprior constraints upon the contractorsdesigned to ensure that the agreement will be fair.


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We Got ProblemsBy now we have a number of good thoughtsby a number of outstanding thinkers but thereare problems with each approach. With the sentimentalist alternative we get to different absolutes depending on the culture. Kant’s always follow the rules puts us in situations where actions such as lying to save a life would be viewed as wrong. With Utilitarianismdoes it become right to take money forcibly from someone who doesn’t need it as much?


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Problems/Quest for wisdomWith the social contract theories they just simply don’t all the time and we get things suchas wars.

Professor Kane (Univ. of Texas Austin) offers us a promising approach to discerning objectivetruths. He views the approach as a means to solve a number of the problems we have raised and while not an approach which will yield final answers will move us closer to final answers.


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Consider the Sciences“In the sciences, openness and objectivity require consideration of theories opposed to one’s own and restricting undue bias in favor of one’s own.”

We use openness and objectivity in order to limit “narrowness of vision” and to search”for the objective truth about nature.”

We can do this.


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Openness/ToleranceAfter really being forced into a position ofrealizing that you use your point of view onwhat is right or wrong will be limited by yourculture and history and the only supporting argument you can give for your point of viewuses your point of view and since everyoneelse is in the same situation then a commonresponse is openness/tolerance to other points of view. This thought can bring us back to vulgar relativism and the concept of no objective truth. But as Professor Kane argues this also can be used to move us away from relativism.


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We can’t be open and tolerant of everyone. You notice someone being attacked and you can do something even if all that is is to go for help. Then you can respect the views of the attacker or the victim, but not both. This is break down of Kane’s “moral sphere” wheremoral sphere is the sphere in which every way of life can be respected. You can’t respect all views but you can try to restore and preserveconditions in which ideal respect for all can be followed again. You choose. Openness has led us to conclude some ways of life are not worthyof our support or protection.


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Now What?When there is a guilty party, ie. someone whohas broken the moral sphere you punish the guilty (not the innocent) using minimal force.When the moral sphere breaks down and no one is at fault negotiate.

Openness has brought us to a way of finding truth and value and brings us back to treatother people as you would want to be treatedand don’t kill, don’t lie, don’t steal, etc.


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Fundamental Moral Principle?Confucianism --- Sixth Century B.C. What you don't want done to yourself, don't do to others.

Buddhism --- Fifth Century B.C. Hurt not others with that which pains thyself.

Jainism --- Fifth Century B.C. In happiness and suffering, in joy and grief, we should regard all creatures as we regard our ownself, and should refrain from inflicting upon others such injury as would appear undesirable to us if inflicted upon ourselves.


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Fundamental Moral Principle?Zoroastrianism --- Fifth Century B.C. Do not do unto others all that which is not well for oneself.

Classical Philosophy Plato --- Fourth Century B.C. May I do to others as I would that they should do unto me.

Hinduism Mahabharata --- Third Century B.C. Do naught to others which if done to thee wouldcause thee pain.


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Fundamental Moral Principle?Judaism Rabbi Hillel --- First Century B.C. What you don't want done to yourself, don't do to others.

Christianity Jesus of Nazareth --- First Century A.D. Do unto others as you would have them do unto you.

Sikhism --- Sixteenth Century A.D. Treat others as thou wouldst be treated thyself.


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Comments on Golden RuleThe negative or “don’t do” versions are often referred to as the silver rule.

There are always two interpretations of the Golden Rule. In the narrower interpretation you do unto others as if they shared, or wouldshare your values. The wider interpretation isthat one should allow others to pursue their values, even if those values are different from ones own.


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Informal Guidelines1. The Mom test

2. Shushers

3. The TV test

4. The Market test

5. The Smell test


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Formal Guidelines

1. Corporate policy

2. Corporate or professional codes of ethics

3. The Golden Rule


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Too Little Time!We have not “covered” the evolution of ethics. What we have done is a very cursory (and shallow) attempt at laying a foundation for talking about ethical decisions. We will use the papers you write as a means of expanding our understanding of the evolution of ethical thought and the people who have contributed to this evolution. But there is really too little time to do this right.


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Primary Sources“The Quest for Meaning: Value, Ethics, and the Modern Experience” a course presented by Professor Robert H. Kane of UT-Austin.

“A Gift of Fire” a text by Sara Baase published by Prentice Hall.

Documents

1/10/04 Miller CSS309 1 Ch0 Ethical Foundations COMPUTER ISSUES FOR LAW ENFORCEMENT