navy ethics final

discipline tools for JOs

leadership, counseling, non punitive actions, evals, extra instruction, loss of privilege, official report

right

something to which one has a just claim, a power/privilege to which one is entitled

liberty

quality or state of being free, a right/immunity enjoyed by prescription or grant

rights given up

unlimited protest, to not show up to work, comments about officials, religious recruiting, refuse NJP at sea

rights retained

write congress, off duty liberty, right to vote, fair trial, conduct complaint

rights

Liberty/Leave

Right to privacy

Procedural rights

Rights of the accused

- To know the offense

- To counsel

- To testify

privileges

Special Liberty

Exchange of Duty

Special Command

Programs

Access to Base or Ship

Libraries

Base or Ship Movies

Clubs

Base Parking

unique laws for mil

Conspiracy

Desertion

Absence without leave

Missing movement, jumping from vessel

Disrespect toward a superior commissioned officer, assault of a superior commissioned officer

Willfully disobeying superior commissioned officer

Insubordinate conduct toward Warrant Officer, Noncommissioned Officer, or Petty Officer

Failure to obey order or regulation

Conduct unbecoming an officer and a gentleman

General Article (catch all)

line of duty determination

determinations that can be rendered

different type of LOD determination

- in line of duty, not due to own misconduct

- not in LOD, not due to own misconduct

- not in LOD, due to own misconduct

admin discharge types

honorable, general (under honorable conditions), OTH other than honorable, entry level separation

who can impose NJP

CO, OIC, superiors

who may receive NJP

any mil member

is NJP trial

no!

when can NJP be refused

if not attached or embarked in a vessel and can request trial by court martial

just war criteria

1. declared by legit authority

2. for a just cause

3. with right intention

4. last resort

5. likelihood of success

6. proportionality of ends

just war tradition pros

- guards unjust conflict

- offers moral guidance

- helps warriors retain humanity

cons

- determination of just cause based on nations values

- no system of punishment for rogue nations

- condemns revolutions

jus in bello criteria

two broad constraints, discrimination and proportionality

unlawful targets

noncombatants: civilians, POWs, wounded, parachutists, medical, chaplains, journalists

protected property: civilian, cultural, and medical property

LOAC extremes

expanding bullets, non-detectable fragments, poison agents, torture/willful killing/depriving POWs...

LOAC

law of armed conflict (?)

treachery and perfidy

misuse of red cross/truce flag/enemy property/cultural property/pretending to be someone (civilian, surrender, wounded, peacekeeper)

what is no perfidy

ruses, ambushes, deception, disinformation, use of enemy passwords

article 1

"I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense."

article 2

"I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist."

article 3

"If I am captured I will continue to resist by all means available. I will make every effort to escape and to aid others to escape. I will accept neither parole nor special favors from the enemy."

article 4

"If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information nor take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them in every way."

article 5

"When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country, its allies or harmful to their cause."

article 6

"I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America."

five moral challenges of war

moral numbing

moral frustration

the perverse consequence of doing good

the perverse consequence of risk aversion

legalization of ethical reasoning

3 way moral prob

mission, non combatants, troops

luban

my principles --> my actions

i value X --> i choose x

i value X --> i choose Y (cognitive dissonance)

high road

i value X-->i choose X

(if needed, cognitive dissonance/reflection/corrective action

low road

cognitive dissonance & rationalization, i now value Y

moral roadmap

(applies to all people)

1. constraints

2. consequences

(applies to specific people)

3. special obligations

4. character

morally prohibited <-> morally req.

morally permitted

Kant's Categorical Imperative

intuition test

universalization test

mere means test

intuition test

am i treating person in a way that befits her equal dignity

universalization test

can i universalize my action without logical contradiction -> not permissible

mere means test

would my policy treat others as ends in themselves not as mere means -> no permissible

what is a right

entitlement, moral consideration, and a protection

when can rights by surrendered

waiver - by choice

forfeiture - through misconduct

limits to defensive rights

PIN - proportionality, imminence, necessity

DDE doctrine of double effect

if an act would result in a good effect and foreseeable but unintended bad effect, it is morally permissible if meets PUMP

PUMP

permissible unavoidable means proportional

egoism

an act is right that is best for me

hedonism

an act is right that is most pleasurable

epicureanism

avoids pain

utilitarianism

greatest net happiness

officer oath

i Drew do solemnly swear that i will support and defend the constitution of the united states against all enemies foreign and domestic

that i will bear true faith and allegiance to the same

that i take this obligation freely without any mental reservation or purpose of evasion

and that i will and faithfully discharge the duties of the office on which i am about to enter

so help me God

consequences based theories

an act is right or wrong based on outcomes alone

constraints on exercise

presidential, congressional, judicial, supreme law of land

presidential

commander in chief

congressional

power to make regulations

judicial

laws

the supreme law of land

the constitution

hierarchy of loyalties

constitution

mission

service

ship/command

shipmate

self

legal order

there is a presumption that a military order is lawful

what to do if morals are in conflict with your mission

constitutional paradigm!

constitutional paradigm

1. Priority of loyalties

2. If loyalties conflict, must resolve, then act

3. If conflicts cannot be resolved, then resign

4. (In rare case) If you must oppose authority, follow four pre-requisites

four prereqs of constitutional paradigm

1. fundamental violation of justice

2. first try to have law changed

3. disobedience is done in public with full awareness

4. you must be willing to accept consequences

how to become virtuous human

virtue of thought + character = practical wisdom

overall goal eudiamonia

what is courage

taking the right or noble act despite known risk and despite fear

virtue of courage

a settled disposition to act courageously

Manifestations of Courage

physical, moral, martial

physical courage

acting despite known risk of bodily harm

moral courage

acting despite known risk of social/psychological/political/economic harm

martial

acting with physical/moral courage while facing enemy who is determined to destroy me/those who i serve/those i am bount to defend

principle of veracity

only where a lie is a last resort (not possible to be truthful) can one begin to consider whether or not it is morally justified

principle of publicity

we do not grant exemptions or excuses on our own recognizance, we are answerable to a public audience

procedure of justification

1. last resort

2. just cause

3. legitimate authority

4. long term damage to public trust is proportional

moral injury

acts that transgress deeply held moral values

PTS

witnessing physical trauma, world no longer safe

moral injury

moral injustice, world is no longer a good place