Ethics Notes PHI 1120, Professional Ethics
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This 17 page Study Guide was uploaded by Neha Bhagirath on Sunday June 26, 2016. The Study Guide belongs to PHI 1120, Professional Ethics at Wayne State University taught by Dr. Travis Figg in Spring 2016. Since its upload, it has received 16 views. For similar materials see Professional Ethics in PHIL-Philosophy at Wayne State University.
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Date Created: 06/26/16
Is ethics objective? Subjective/Relative? It is objective because objective facts are actual facts. It is R/S because there are subjective. Relative because people have different ethical beliefs. Objective because there’s a standard that everyone can adhere to. A distinction in professional ethics is between consulting and scholarly professions: Consulting professions: ex. Law, medicine, architecture, stock broker, clergy, social workers. They have a fee for service basis with a personal, individual relationship between client and professional. A consulting professional acts primarily in behalf of an individual client Scholarly profession: ex. College teacher, scientific researcher, journalist, technicians, nonconsulting engineers. Usually has many clients at the same time (students) or no personal clients (jobs assigned by superiors in a corporation.) Works for a salary rather than as an entrepreneur who depends on attracting individual clients The differences between scholarly and consulting professionals are crucial in defining the kinds of ethical problems each confronts. Three features for the role of consulting professions: 1) They all provide an important service. These services are important for individuals to realize the values they seek in their personal lives: health, wealth, justice, comfort, safety 2) Not only do the professions serve basic values, but they also have a monopoly over the profession of service. One must be legally certified to practice in many professions. Professionals do not have a right to practice, it is a privilege conferred by the state Right: a sound claim that one be permitted (or assisted) to act in some manner without interference. Privilege: a permission to perform certain acts provided specified conditions are fulfilled. The burden is upon the person obtaining it to demonstrate that he or she has the necessary qualifications. For example, one must pass tests for the privilege of driving a car. 3) None of the professions are subject to much public control. Monopolies such as public utilities that provide essential services have usually been subject to strict public control as to the conditions and types of services provided. In CONTRAST, the professions have claimed and been accorded a large degree of self regulation. The Professional Client Relationship Ethical models and norms often assume certain facts (ex. About a child’s abilities a model of full equality would not work for young kids because they lack the physical and mental abilities to engage in such a relationship) A model can be inappropriate because they make false empirical assumptions about one or the other parties To develop an ethical model that has the broadest scope, the model should not be based on unusual situations. That distorts normal situations The central issue in the professional client relationship is the allocation of responsibility and authority in decision making who makes what decisions (ex. 3 different types of ethical models of the relationship could be one where the client has more authority and responsibility, vice versa, or they’re equals) The “agency model” exemplifies what has been called the “ideology of advocacy.” This ideology has two principles of conduct: that the lawyer is neutral or detached from the client’s purposes, and that the lawyer is an aggressive partisan of the client working to advance the client’s ends. This ideology is applicable to doctors, architects, engineers, etc. For example, a doctor should not evaluate the moral worth of their patient, but they should work to advance their health. The second part of the ideology can apply to this: an accountant preparing a client’s income tax statement should try to take every plausible deduction on behalf of the client. The problem with the ideology of advocacy is that sometimes devotion to a client’s interests is thought to justify any lawful action advancing the client’s ends, no matter how detrimental the effect on others. A number of considerations indicate limits to a professional’s proper devotion to a client’s interests, and consequently, to a client’s authority in decision making: 1) Professionals have obligations to third persons that limit the extent to which they may act in behalf of client interests 2) 3) Professionals emphasize their independence of judgement. As in, they should use their training and skills to make objective judgements. The agency view ignores this feature. 4) Professionals may accept or reject clients unless in dire need. Deontological/Deontology: Some things are right or wrong independent of consequences (about rules what are the rules? They MIGHT involve consequences) Consequentialist/Consequentialism: An action is right just in case it has the best consequences (what’s important in evaluating an action is the consequences of that action) Utilitarianism the best equals the most happiness; goodness is happiness, badness is pain (the best action is the one with the most happiness and least pain) (but it is more complicated than that. You will not just give everyone A’s) Virtue Ethics: Good is a good character (ex. WWJD what would jesus do? We look at the good person to see what they would do good person means they’ll do good things assumption) Bayles: Necessary features of a professional: advanced training, that training has an intellectual component, the professional’s service is beneficial to society Common features but not necessary: Certification, representative organization (ex. The teachers in detroit took sick days and they all left so that the teaching can be better because teaching was not how it should be), would have autonomy (they have enough training to make their own decisions autonomy is when you are selfgoverning. A consequence of this is that it can be harder to govern them.) Types of Models Agency Model Client has most of the authority and responsibility for decisions; the professional is an expert at acting at the direction of the client. Client hires a professional to protect or act for some interest, the professional provides services to meet the client’s goals Contract Model Has no written contract but there is an agreement between the parties that each will provide a service for the other. The authority or responsibility is shared equally. There are mutual obligations and rights. Friendship Model Professionals should be like friends you try to help your client over someone else. Ethical situations arise when there are conflicting obligations obligations to yourself, and to others (professional obligations = obligations to client, obligations to nonclients/society) In a friendship each person is interested in the other’s well being There are some dissimilarities: one, friendship is usually between equals, and second, the professional client relationship is usually in one direction; the professional has a concern for the client’s interests but not vice versa. Professionals also accept clients for a fee, not as a friend. (So Fried has basically described prostitution) The friendship analogy is not needed to justify a professional paying special attention to a client’s interests Paternalist Model Once we acknowledge that the professional is in some way superior to the client, one faces the problem of the proper extent of professional authority and responsibility in decision making (a professional client relationship is like a parent child) Three arguments are often offered to justify paternalism: 1) The agent has superior knowledge as to what is in a person’s best interest 2) The client is incapable of giving a fully free and informed consent 3) A person will later come to agree that the decision was correct To decide whether these justifications support viewing the professionalclient relationship as paternalistic: 1) A person may not wish to bother making decisions because the differences involved are trivial (like the brand of paper clips you buy) 2) The decisions might require knowledge of expertise a person does not possess 3) A person might allow others to make judgements if he or she is or will be mentally incompetent Reasonable persons would allow others to make decisions for them when they lack the capacity to make reasonable judgement is the first argument for paternalism. They DO need professionals to make WISE decisions When professionalclient relationships are conducted on the paternalistic model, the client outcomes are not as good as when the client has a more active role (this model sacrifices client freedom and autonomy and the client’s values and interests are sacrificed) Fiduciary Model (Bayles likes this best). Model is based on trust and consent Both parties are responsible and their judgment is given consideration. Because one party is in a more advantageous position, he or she has special obligations to the other. The weaker party depends upon the other in ways in which the other does not and so must TRUST the stronger party In this model, a client has more authority and responsibility in decision making than in the paternalistic model The professional decides the course of action Client consent and involvement are not necessary when: 1) The matter is a technical one 2) The value effect is not significant The Inner RingLewis Group of people in an organization that have power and status independent of the official hierarchy Those “in the know” Desire to enter the Inner Ring is a big motivator It will/can make you a scoundrel The desire can’t be satisfied The Inner Ring is independent of your job and if you avoid the temptation to enter the inner ring then you will become good at your job and will earn respect from others who are good at their job. The IR is in the ethics book because it is to forewarn us about this structure in organizations > The IR often leads to unethical behaviour. Since we have more power as professionals, we can cause more harm in the ring. Day 2 Reading The Ethics of Sales Carson Carson REJECTS caveat emptor, but his theory is based on the golden rule (that if an act can be performed on a person, then you should be willing for someone to do it to you in similar circumstances) Deception is intentionally causing someone/succeeding in causing someone to have false beliefs, but lying is often unsuccessful in causing deception Lying is a false statement intended to deceive others Another difference is that while a lie must be a false statement, deception does not have to involve false statements. True statements can be deceptive and so deception does not mean lying (withholding info is not deception.) Actively concealing info is deception According to the principle of “caveat emptor,” sellers are not required to inform prospective buyers about the properties of the goods they sell. It is the buyer’s responsibility to check that. Holley’s Theory Based on the concept of a voluntary of mutually beneficial market exchange He says that a voluntary exchange occurs only if the following are met: 1) Both buyer and seller understand what they’re giving up and what they’re receiving 2) Neither buyer nor seller is compelled to enter into the exchange because of coercion, restricted alternatives, or other constraints on the ability to choose 3) Both buyer and seller are able at the time of the exchange to make rational judgements about costs and benefits According to Holley, caveat emptor is not acceptable as a moral principle, because customers often lack info necessary for an acceptable exchange. In such cases, salespeople are obligated to give info to the buyer Holley’s theory is not always right about things (ex. If you wanna buy a house in a small town, and only one house is within your price range, you cannot do it because #2 is not met. But this is Holley’s thing and it won’t work.) A More Plausible Theory about the Ethics of Sales Salespeople should have the following moral duties when regarding the disclosure of info when dealing with rational adult consumers: 1) Salespeople should give buyers safety warnings about the goods they sell 2) Salespeople should not lie or deceive customers 3) Salespeople should answer questions to the extent of their knowledge and not evade questions or withhold info. They are justified in refusing to answer questions that would require them to reveal info about what their competitors sell 4) Salespeople should not try to steer customers towards purchases they they have reason to think will prove harmful to the customer (or financial harm) A prima facie duty is one’s actual duty (actual duty in the absence of conflicting duties of greater or equal importance) Some prima facie duties of salespeople (that are not completely justifiable): 1) They should not sell goods they think will harm their customer without telling them why they think that (if they think the customer doesn’t know) 2) They should not sell items they know are defective or of poor quality without alerting customers to this (unless the customer is expected to know about the poor quality already) The Golden Rule: Is a consistency principle. Consistency requires that if you think it would be morally permissible for someone to do a certain act to another person, then you must consent to someone else doing the same act to you in relevantly similar circumstances Truth in the Marketplace Leiser Advertising and how the marketers are not completely truthful with the consumers Special Professional Morality and the Duty of Veracity Ellin The most fundamental question for professional ethics are there special rules which govern professionals in their professional conduct? The conflicts between ordinary and special morality can be adjudicated by moral reasoning based on large moral considerations. This view is called “The priority of ordinary reflective morality” it gives to ordinary morality a double function. First, ordinary reflective morality imposes the rules which govern all of us in our ordinary encounters. Second, ordinary reflective morality plays an adjudicating role, resolving apparent conflicts between obligations in ordinary contexts and those in special contexts, such as those of professional life First theory of special professional morality: A professional may think they have special rules that govern them, and which impose duties inconsistent with the duties imposed on everybody in ordinary life. But the justification for imposing special duties is that there will be better moral consequences. Since every apparent conflict between ordinary and special morality can can resolved into a conflict within ordinary morality itself, the professional faces no greater moral difficulties than anybody else Second theory of special professional morality there are moral obligations which derive not from ordinary morality but from the nature of the professions. This is the “parallel view,” because, according to it, professional morality is parallel with, not subordinate to, ordinary morality, and professionals are faced with dilemmas that are different than ordinary people. Some things may be right in ordinary morality, but not in professional morality Professional Responsibility: Just Following the Rules? Davis The seven different interpretations to “following the rules”: 1) Blind obedience (ex. Banging head off cabinet if someone says to use your head) 2) strict obedience (we allow our own judgement to be short circuited by someone else’s, like in the military) 3) Malicious obedience (when you use the rules and follow them without thinking or the outcome when it occurs in defense of conduct. Ex. workers on strike but going by the book so much that it causes the employer grief. It is hoping that literalness will make damage for the employer) There are forms of unconscious failure: 4)Negligent obedience a failure to exercise due care in following the relevant rules, whether the failure can give harm to others or not. The failure does not arise in an inability to act as one should that is stupid obedience 5)Accidental obedience failure to follow the rule for the right reason, that is, because one has understood it properly 6)Stupid obedience Differ from negligent only in the case of failure. (ex. Reading the code of ethics as if each rule were independent of each other) 7)Interpretive obedience Just following the rules DONE WEEK 1 Day 3 Ellin: 1) Priority View: conflicts between moral duties and professional duties are resolved through ordinary moral considerations 2) Parallel View: Moral obligations and professional obligations are parallel Davis: Just follow the rules You want to be professional? Follow the rules, but just interpret them correctly (ex. You don’t just kick a student out if they’re already there and your office hours are over, or the example on above pages from the reading) LeiserAdvertising False/misleading advertisements Do we need legal regulations to prevent false advertising? Carson He rejects the idea of Caveat Emptor: Buyer beware: it is the buyer’s job to make sure that the product they are buying is good He believes in the golden rule , that is, do unto others only what you would want on yourself, ex do not lie about the product unless you would want distributors to lie to you about their product. Holley For a sale to be appropriate: 1) Buyer and Seller both understand what they are both getting or losing 2) Neither is coerced or without alternatives Sales person might not know everything about the product that the customer would want. May not be enough time to answer all questions. Lack of alternatives doesn’t mean a bad sale. 3) Both are rational at the time of the sale Golden Rule applying to Sales: What would I want to know if I were the buyer? Maybe you’ll want to know where you can get a cheaper item, but Carson thinks the salesperson doesn’t have an obligation to tell the customer that Carson says: If you think it is morally permissible to do something to someone else, then you ought to think it permissible for someone to do it to you in the relevant circumstance Carson: 1. Salespeople provide safety warnings 2. Refrain from lying and deceiving (you can also deceive someone without talking so not lying, like in poker) 3. As knowledge and time permits, answer all questions except those about competitors 4. Don’t steer customers towards products that are harmful or that they may come to regret Readings Day 3: Lying and Deception for Counselors and Clients Stein Why do people lie? We do it to avoid harm, or to do an act of kindness, fear, or personal gain Confidentiality Armstrong Deontological justifications: based on privacy, autonomy, promise keeping, loyalty Utilitarian justifications: Positive benefits to society when professionals can be trusted to keep confidences Professional confidentiality is a prima facie duty There are 4 requirements for the infringement of a prima facie duty: 1) The moral objective justifying the infringement must have a realistic prospect of achievement 2) There are no morally preferable alternatives 3) Must constitute of the least infringement possible to achieve the primary goal 4) Minimize the effects of the infringement Keeping a professional confidentiality is more important than taking an action to prevent harm Ruland and Lindbolm’s terms rules are negative duties (and will trump the positive), principles are positive duties Confidentiality Bok The example of the girl who died because her condition was kept secret so she could get an exorcism is when NOT to keep things a secret Social Responsibility and Economic Efficiency Arrow Case against social responsibility: the assumption that firms should aim to maximize profits. But then it is argued that profit represents the net contribution that the firm makes to the social good, and that those profits should be as big as possible Profit Maximization: 4 things Day 4 Donagan: sometimes things done to protect the client or society are really done to protect the professional Why lawyers should keep confidence Donagan challenges these but presents them: 1)Alter Ego Lawyer is the alter ego of the client and knows more about the law, you are not forced to testify against yourself 2)lawyer needs all the relevant info to mount a defense. Client needs to trust lawyer or will not share information even if they are guilty, integrity says give them confidence Paternalism could be withholding info in the interest of the other person. He thinks paternalism is problematic. Lawyers as Professionals: Some Moral IssuesWassterstrom The dominant professionalclient relationship is brought about by: 1) One characteristic of professions is that the professional is the possessor of expert knowledge of a sort not readily or easily attainable by community members 2) Every profession has its own terminology The professional should deprofessionalize the client so that they don’t have a paternalistic or superior way of treating them Role differentiated behaviour special duties and obligations you take on as part of a role Armstrong Prima Facie duty initial duty that can be overridden Positive duties: duty to act/to do something Negative Duty: duty to refrain from acting Bok 1)People have a right to keep secrets 2)people have a right to share their secrets and expect them to be kept 3)pledge of silence creates an obligation to keep confidence 4)professionals benefit society and have a prima facie duty to keep confidence So At this time we talked about a case where a student become obsessed with a girl from his school, he kills her but nobody told her so she never found out and didn’t see it coming keep the confidence if the harm is already done but if it will result in harm if you keep confidence, then do not keep confidence (jury may have to come tos schoo Ethics of Corporate DownsizingOrlando The act of downsizing is not permissible if it is wrong for the shareholder to do it, it cannot be right for the managers above them to get the shareholders to do it for them, just like you can’t get someone to murder someone for you Downsizing is wrong because it is wrong to subject people to certain types of harms to benefit others DONE WEEK 2 Day 5 pareto efficiency is a feature of markets Friedmancorporations ought to seek profit that is their primary goal and that’s what you should do (he says that the money you have been given is not your money and it should be used for profit) he says make money at any cost but do not contribute to social costs (like donate to charities to help your image) Taxation Stealing Nobody used the term pareto efficiency, but arrow brought it up in a way Profit represents social approval and businesses/corporations pay the costs when they do ill Concept in economics called “Pareto Efficiency,” which Arrow mentions. It is when there is no way to redistribute wealth to make someone better off and no one worse off (this means that like the cake analogy the cake analogy and if someone wants the cake but you don’t, then they are both better off that is NOT pareto efficient. But if someone wants the cake now, and you want it too, then it would be pareto efficient to give it away) given certain assumptions, a free market system will create pareto efficiency. (assumptions: you have rigorous competition, and rational agents, full informance.) A pareto efficient system can be unequal in distribution, (ex. One can be very rich and one very poor), as long as the case is that if the person who is more rich, if they give up money they’ll be worse off Orlando corporations have obligations to their workers; he is against downsizing for the purpose of making a profit But still think that the purpose of corporations is to make profit. Investors are owners and invest to make profit Property for use and property for profit (as long as you are not hurting anyone else, you can do what you want with your property, unless (Friedman thinks this is the exception) if you are using it to make money. For example, if you have apartments rented and there are people living there, and some people move in and are willing to pay more. Would it be wrong to kick out the old tenants to make money? But you own the complex right? But that is why Friedman says you cannot use it to make money) It seems that it is unacceptable to have someone do for YOU what it is unacceptable for you to do yourself. Day 6 Duties: to self, employers/clients/society to be a whistleblower is to reveal information with which one is entrusted, and you do not reveal the information to save your own skin what makes it a problem is the misuse of one’s position in an organization that prima facie deserves the whistleblower’s loyalty Bok, Davisthink that whistleblowing is violation of company loyalty Duska he says that you don’t owe loyalty to companies/corporations because they aren’t looking out for your interests, so whistleblowing would not be a violation. The kinds of groups you can owe loyalty to are the kinds that look out for each other (friends, a club, religious groups) Degeorge: When whistleblowing is permissible: the business will do harm, when you have reported the issue to supervisor, problem is not fixed, when you exhaust internal means of fixing problem When it is required: you have evidence that would convince a reasonable, impartial bystander, and you have good reason to believe that Whistleblowing will prevent the harm, then you are required to blow the whistle Davis: tries to make a theory of whistleblowing to avoid the problems 1)paradox of burden 2)paradox of harm 3)paradox of failure Supererogatory above and beyond normal obligation 1)what you will reveal derives from your own work in the org 2)you are a voluntary member of the org 3)you believe the org, though legitimate, is engaged in serious wrongdoing 4)you believe your work will contribute to the wrongdoing if you do not whistleblow 5)you are justified believing 3 and 4 6)3 and 4 are true Do you owe (prima facie) loyalty to the government? If so, why? Government does not equal the people, government represents the people and enshrines society’s values and protects social good through law Society based mutual benefit DONE ANOTHER WEEK Day 7 Solomon it is never right to lie but you should in some cases. There is always something bad about lying, but you should in some cases 1) Lying is difficult 2) Lying diminishes trust, both in liar and liars trust in others 3) (Kent’s reason): Lying cannot be universalized If lying were universalized, no one would trust anyone. Successful lying requires trust. To lie successfully, you have to presume for the most part that other people are NOT lying Steinreal motivation for lying/deception; often self interested Boklying robs people of information Normal morality says that lying and deception are both wrong, but lying is worse. Lying creates a greater burden than deception. It is easier to avoid being taken in by deception than by lies Professional morality says that lying is wrong, deception hardly, and sometimes right Truth Collins says: 1) There are those people who really want the truth and can handle it 2) Those who cannot handle it 3) Those who are not seriously ill 4) Those who won’t believe what you say anyways DONE WEEK Day 8 Cantor and Baum: Pro Right to Refuse Against Right to Refuse pharmacists can and should exercise independent pharmacists enter profession bound by fiduciary judgement duties abandoning morals should not be a condition of plan B is not abortion employment can seriously impact patients health conscientious objection crucial to democracy Risk of discrimination/refusal has potential for abused discrimination Davis restitution approach If you can make things like patient never came to you at all, you can refuse to provide the service If patient had not come to you in the first place, you would’ve had no obligations to him or her If you do this though,then you don’t HAVE a duty When is refusal acceptable on moral grounds 1) Potential/probably harm to doctor 2) Outside the doctor’s field of competence 3) Majority of doctors think it is immoral DONE WEEK Day 9 Typicalconscious beliefs that members of group X are bad in some way Structural Racismvarious ways society functions which makes it harder for members of certain groups to get ahead Implicit/Unconscious Racismunconscious relations to/judgements about members of a certain group (since you’re unconscious you don’t know about them, and it can affect how you behave, and this is more common in society) Bakke: a white guy applying to medical school and not getting in, he thinks it’s racism because they have to meet the quota to let in enough minorities Quota system NOT okayif federally funded If acceptable: make race a factor in admission among others HetteningerDefends Affirmative action (Reverse descrimantion RD) for people slightly less qualified Spurious objections: Spurious just means invalid arguments, it's not a person Reverse discrimination is equivalent to historical racism Race and sex are morally ordinary Racial Discrimination Is unjustified stereotypes Failure to hire more qualified is unjust Efficiency most qualified person deserves the job most qualified person is entitled to the job undermines equal opportunity in white males but were starting in a position unequal (white males above) Objections to reverse discrimination Judging based on involuntary characteristics white males are not compensated Day 10Sexual Harassment Wall X harasses Y 1)X does not obtain Y’s consent to communicate someone’s sexual interest in Y 2)X communicates to Y someone’s sexual interest in Y, with some perceived benefit for X 3)Y does not consent to this communication 4)Y feels emotionally distressed as a result Feary Quid Pro Quo (harassment) an offer of benefit in exchange for sexual favors Environmental harassmentmaterials in the environment of the sexual, degrading, etc, nature Actually being distressed isn’t the issue Sexual harassment is a family resemblance term Rauch banning controversial materials out of fear of lawsuits is effectively a violation of free speech one of the cards of free speech is putting up with materials, jokes, or statements that we don’t like, that are offensive, etc Speech limitations of speech in the workplace applies to everyone/workers Day 11 Role Differentiated behaviourActions which are otherwise inappropriate but are justified because of one’s role Nagel: Ordinary Morality Public (utilitarianism) and private interest (deontology): individual autonomy, but did not hurt anyone else (help others?) If you are a politician however, you should look out for the public interest, constituency interest, party interest, donor’s interest, interest of foreign allies Ex. Citizens United case. Old case was that corporations were legal persons and persons have a free right to speech. New case is that corporations talk through money so there are no limits on money for political purposes (advertisements, Campaign contributors)point of this? This shows how politicians can easily be acting in the interest of Donors, so as to make a lot of money. Williams: Sometimes politicians have to do bad things to get good results. Want politicians who are willing to do what is needed, but reluctant There is no character trait consisting in getting it right all the time Why are politicians considered morally suspicious? It may be derived and built upon the suspicion of lawyers, causes (real or suspected) of cheating watergate(Was a major political scandal), voter fraud, questionable motives, what do they really stand for? They do not stick to their promises, they can win an election without majority of the votes (Ex. if they got 30% and everyone else got 15% votes, then the 30% wins.) Day 12 Duties to client(s), duties to self, duties to society Negative duty duty to refrain like do not kill Positive duty duty to act like help those in need Supererogatory good but not required, above and beyond the call of duty/morality Singer positive duty that help others are not supererogatory if you can help someone without sacrificing something of comparable moral significance (comparable value) you should (or significant but smaller cost to you) ethics essay question: what is the main theme of the course? think about that Main themes: Professional ethics Models of what a professional should be Morality Honesty, wealth distribution, racial equality, sexism, importance of confidentiality, etc Do professionals follow same rules as everyone else Lying vs deceiving Obligatory vs supererogatory 1. What, according to Bayles, are the necessary features of professions? extensive training involves a significant intellectual component puts one in a position to provide an important service to society According to Bayles, other features are common, but not essential. For example, the existence of a process of certification, monopoly control of tasks, selfregulation, and autonomy in work. 2. What are the different models of a professional client relationship considered by Bayles? Which does Bayles prefer? The ethical models are models of different distributions of authority and responsibility in decision making. Agency the client has most of the authority and responsibility for decisions; the professional is an expert acting at the direction of the client. Ex: a lawyer. Friendship the relationship is more personal. The relationship is one viewed as friends. Professional and client have a close relationship of mututal trust and cooperation; they are involved in a mutual venture, a partnership. Can be limited to a one way relationship: the professional is required to attend to the client's needs, but the client need not show the same attention to the professional, which makes the "friendship" a oneway thing. Paternalism a professional has knowledge and experience a client lacks and is hired to further the client's interests, making the relationship viewed as paternalism. A person's actions are paternalistic to the extent his or her reasons are to do something in behalf of another person for that person's well being. Ex: a physician refuses to prescribe something to their patient because they know it will not be beneficial. Paternalism denies people the freedom to make choices affecting their lives. Fiduciary the professional's superior knowledge is recognized, but the client retains a significant authority and responsibility in decisionmaking. The weaker party depends upon the stronger in ways in which the other does not and so must trust the stronger party. The client's consent and judgment are required, but the client depends on the professional for much of the information upon which he gives or withholds his consent. Bayles prefers the fiduciary model, and suggests the paternalistic model should be used only when a client in incompetent and a guardian has not yet been appointed. 3. What moral principle is Carson's ethics of sales based on? Salespeople have prima facie duties to do the following: warn customers of potential hazards, refrain from lying and deception, fully and honestly answer questions about what they are selling, and refrain from steering customers toward purchases they have reason to think will harm the customers. 4. What reasons do Solomon, Bok, and Ellin give for why lying is wrong? .1Solomon Lying is wrong because it constitutes a breach of trust, which is not a principle but a very particular and personal relationship between people. Lying undermines relationships by undermining trust. Trust is usually violated by lies, but trust can be more deeply damaged by a violation of personal boundaries, which in turn may invite lies and deception to protect what has been violated. 2. BokThe principle of Veracity a strong moral presumption against lying. The principle depemds that you personally benefit from a system that you want other to do their part in maintaining and it invokes a principle of reciprocity or fair play, requiring you to do your part in maintaining the system if others are doing their part. The principle of veracity is a moral principle because it tells you not to lie even when you could get away with it.3.Ellin lying is wrong because it violates the patient's trust by making a false statement, whereas a person who is being deceived is a "participant," a party to deception he or she chooses to interpret an ambiguous statement in a particular way. 5. Why does Ellin think it is acceptable for professionals to deceive, but not acceptbale for professionals to lie? "therapeutic deception" decetion that is practiced for the benefit of the patient, because the physician believes that the patient may be better off for not knowing the truth about his or her condition. not making a false statement. 6. What is a prima facie duty? it is an obligation that may be overruled by another more pressing one. 7. Bakke Case deemed unconstitutional the SC struck down the program as violative of the rights of white applicants and ordered Bakke admitted. 8. What objections to reverse discrimination does Hettinger claim to be legitimate? Judging on the basis of involuntary characteristics making a distinction in how one treats people on the basis of characteristics they cannot help having is morally problematic because it reduces individual autonomy Burdening white males without compensation reverse discrimination places a larger fair share of the burden of achieving an egalitarian society in the shoulders of job seeking white males wihout compensating them for their sacrifice 9. What two arguments does Donagan consider in favor of a lawyer keeping confidence? Human dignity requires litigants to be heard Litigants cannot be heard without a lawyer 10. What is Bok's argument for why a professional should keep client confidence? an individual's autonomy over personal information respect for relations between persons and for the intimacy which comes with information shared only in a particular relationship an obligation of allegiance and support the safety of a place to disclose information which, if undisclosed, would be detrimental to society as a whole 11. 12. Why does Friedman think businesses ought to increase profit? a company should have no social responsibility to the public or society because its only concern is to increase profits for itself and for its shareholders when a company concerns itself with the community rather than focusing on profits, it leads to totalitarianism 13. According to Wall, sexual harassment is essentially what? By behaving sexually toward one, either verbally or physically, a person can force intimacy or sexuality on one against one's will. 14. Quid pro quo and environment harassment? Does Wall think either of these count as sexual harassment? Feary? Rauch? quid pro quo harassmentemployment or academic decisions or expectation are based on an employee or student's submission to or rejection of sexual advances, requests for sexual favors, or other behavior of a sexual nature environment harassmentemployees in a workplace are subject to a pattern of exposure to unwanted sexual behavior from persons other than an employee's direct supervisor where supervisors or managers take no steps to discourage or discontinue such behavior Wallboth of them count Fearyquid pro quo Rauch both 15. Cantor and Baum for and against objecting to plan B for pharmacists can and should exercise independent judgement, professionals should not forsake their morals as a condition of employment, conscientious objection is integral to democracy against pharmacists choose to enter a profession bound by fiduciary duties, emergency contraception has no effect on established preganancy pharmacists have an obligation to serve the public, they must find alternatives to customers who seek legal prescription drugs they find objectionable. 16. Restitution approach for doctors asked to perform procedures they find morally problematic? One way for a doctor to resolve conscience cases is to terminate or curtail the doctorpatient relationship, so that the doctor is no longer that patient's doctor. 17. Standard theory of whistleblowing? Problems? Whistleblowing happens then an employee in "the know" informs higher authorities when other individuals at work are behaving in a ill manner which is liable to harm people. some people see whistleblowers as traitors and that they are disloyal to companies that pay them a good salary potential malice and subsequent costs to the business 18. Singerpond analogy in a society in which the narrow pursuit of material selfinterest is the norm, the shift to an ethical stance is more radical than many people realize. An ethical approach to life changes our priorities. If the circle of ethics really does expand, it will fundamentally change the society we live in. 19. Why take an ethics class? can help make decisions and see the world in a more open minded manner you learn why people think the way they do. You learn about good and bad ethical systems. Not to mention debating is a healthy way to learn students think about consequences students hold little accountability for their education, thus a course that emphasizes that every action comes with a consequence is a good idea for students set up your own belief system a persons belief system may be developed at home, but that doesn't necessarily make that belief system their own a good ethics course till try to show students what they need to take into account in deciding what is right or wrong for them to do. It will introduce them to moral terminology that is clear and unambiguous, so they can think and speak clearly and appropriately about moral issues and problems identifying kinds of moral values, and distinguishing them from other kinds of values clarifying the reasons behind moral judgements and decisions Understanding why being ethical matters decide where you stand on difficult ethical choices you face... 3. What, according to Bayles, are the necessary features of professions? The necessary features of a profession are that they have advanced training, there is an intellectual component, and there is a benefit to society. What are the different models of the professionalclient relationship considered by Bayles? Which does Bayles prefer? There are 5 different models of professionalclient relationships Agency model Contract model Friendship model Paternalistic model Fiduciary model (This model Bayles prefers for most professions) What moral principle is Carson’s ethics of sales based on? Carson’s ethics of sales are based upon the golden rule, that is, do unto others only what you would want on yourself, ex do not lie about the product unless you would want distributors to lie to you about their product. What reasons do Solomon, Bok, and Ellin give for why lying is wrong? Solomon says lying is wrong because It’s hard to do Lying diminishes trust Lying cannot be universalized (kent) Bok adds It robs people of useful information Why does Ellin think it is acceptable for professionals to deceive, but not acceptable for professionals to lie? Because if one ignores all implied statements, deceptions will not illinform one and all information can be used, but lies are straight up untrue information. What is a prima facie duty? A prima facie duty is a duty one has (usually of many) that may or may not be overridden by another prima facie duty. The prima facie that overrides the others becomes the real duty. Ex you have a prima facie negative duty to refrain from hitting other members of society, you also have a prima facie duty to defend yourself from bodily harm. Defending yourself is the overriding prima facie duty, so if someone begins hitting you your real duty becomes to defends yourself. In the Bakke case, was the acceptance policy of the Medical School of the University of California at Davis deemed constitutional or unconstitutional? It was deemed unconstitutional however race may be a considered aspect. What objections to reverse discrimination does Hettinger claim to be legitimate? These people are being judged on involuntary characteristics These people are not compensated for their loss What two arguments does Donagan consider in favor of a lawyer keeping confidence? Seeing how as the lawyer acts as the alternate ego of the client, and the client need not testify against themselves the lawyer need not testify against the client/themselves and the laywer needs all relevant information to form a defense, the client has to be able to trust the lawyer in order to provide all relevant information. What is Bok’s argument for why a professional should keep client confidence? People have a right to keep secrets People have a right to share secrets and expect them to be kept A pledge of silence creates an obligation to keep confidence This Pledge Is often necessary for a professional to benefit society Therefore, professionals have a prima facie duty to keep client confidence and we break confidence only when a more important duty arrives. What is pareto efficiency ? Are free market mechanisms guaranteed to produce it? Pareto efficiency is when there is no way to redistribute wealth to make someone better off without making someone else worse off. Under certain assumptions a free market will reach pareto efficiency, so the answer is not necessarily. Why does Friedman think businesses ought to increase profit? Because according to him investors want that only and because he believes a business contributes back to society through being taxed so max profits = max tax = max benefit. What is the difference between property for profit and property for use? I live in my house, to generate income I rent my basement out to 4 ugly teenagers My house is my property for use, the apartments I rent are for profit, if someone offers me more money for the apartment and i’m not in a contract, it’s fine if I keep out those ugly teenagers, because the purpose of that property is to generate income. According to Wall, sexual harassment is essentially what? What Neha experiences every time she sits on the bus LMFAOOOO STOPPPP Sexual harassment is a form of unwanted communication. What are quid pro quo and environment harassment? Does Wall think either of these counts as sexual harassment? Does Feary? Does Rauch? Mm W What reasons do Cantor and Baum give for and against the right of pharmacists to object to dispensing the emergency contraceptive Plan B? What is the restitution approach for doctors asked to perform procedures they find morally problematic? What is the standard theory of whistleblowing and what are some problems with it? What does Singer try to show with his Pond Analogy?
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