Ethics in CJ exam 2

who was the philosopher behind virtue ethics

aristotle

• most of his works are teasties which were thought to be lecture notes

who are the big 3 philosophers

• aristotle

• plato

• socrates

define virtues and vices

strengths and weaknesses of character that operate to promote or hinder the development of personality

what does virtue ethics ask

what kind of person should I be

what is the purpose of virtue ethics

pursue virtues and avoid vices

• contains aspects of character that pertain to personality

what does aristotle really think virtue is

a middle ground or balance between two extremes

• ex: brutal honesty, dishonesty, and the middle ground of honesty

what is virtue ethics not

and act based ethics

• its not about evaluating the ethics of a single behavior or action

• doesnt determine if a person is ethical because of one action

what is virtue ethics about

the development of character over time

• not something that you have but rather something that you do repeatedly

• bullseye example

define virtues

personal qualities or traits that are shown through habitual action, that a person of excellent character demonstrate

• aristotle specific definition

define habitual

ethos

• custom/habit

describe the cycle of virtue ethics

virtuous actions lead to virtuous character which leads to virtuous actions

• the repetition of virtuous actions develops a virtuous character and virutous character then becomes the source of virtuous actions

• ex: learning to play the piano

define arete

often translated simply as virtue but is more nuanced

• excellence: reaching the height of ones potential

• is a greek word

define eudaemonia

happiness as a state of well being, flourishing, thriving

• developing a virtuous character brings a good life

• greek word

• the end product or the result of having virtuistic character

• has a karma aspect

• doesnt mean good things happen to good people and bad things happen to bad people

  • more a sense of you can have a sense of fulfillment and accomplishment even if bad things happen to you

  • ex: people who took a stand for the civil rights movement

what are the two types of practical wisdom

• sophia - rational, intellectual wisdom (book smart)

• phronesis - practical wisdom, prudence (street smart)

what does sophia mean in greek

wisdom

what does philosophy mean

love of wisdom

• philo = love

is wisdom situational or experiential

both!

• mikes hard lemonade example

when do you use practical wisdom

to seek moderation (the golden mean) which leads to fulfillment (eudomonia)

describe phronesis as a skill

a skill we use that is situational and experiential

• can vary based on characteristics of situation (can tailor ethics to each) and wisdom informed by experience

• a skill we can develop

according to aristotle what are our biggest experiences

• education

• training

• discression

what is the golden mean

all virtues are means between excess and deficiency

• middle ground or balance between two means

• avoiding extremes

• this is the closest we get to a formula for virtue ethics

• the virtue - the two extremes are the vices

is everyones golden mean the same

no

• its dependent on personality and background

what are the strengths of virtue ethics

• introspective - challenges us to develop our character!!!!!!!!

• allows for mistakes

what are the criticisms of virtue ethics

• limited for problem solving (nothing to say about large social issues)

• sometimes there no middle ground

• the notion that happiness will result from ethical behavior may be somewhat naive

• potential ethical class bias

what do we associate with middle class bias

a lot of the things we consider to be good

what does introspection allow for

the biggest self growth

how to apply virtue ethics

• which virtues are relevant to the situation and will allow me to become the ideal person/professional

• how can I use practical wisdom and the golden mean

• what decision will most allow me to demonstrate these virtues and exemplify the golden mean

what is stoicism and hedonism

we arent in control of our lives, just living out something that a higher power already has planned out

• if it doesnt go to plan

  • stoicism - just acccepts it and doesnt have emotions about it

  • hedonism - have as much fun as you can

what do stoicism and hedonism do

they emphasize a way to respond to predestined or fatalistic world

• fantasy or destiny

what is stoicism

philosophers are zeno and epitetus

• remaining indifferent to external circumstances

• virtue consists of learning to accept whatever happens

what is hedonsim

philosopher epicurus

• YOLO

• the ultimate goal of life is the pursuit of pleasure

define epicurianism

pleasure as tranquility and avoidance of pain

what kind of ethics are stoicism and hedonism

greek ethics

what are stoicism and hedonism not

• used to solve moral dilemmas in calss

• not related to egoism ethics, they are their own thing

what is psychological egoism

all behavior, even those seemingly altruistic, is motivated by self interest

• not an ethic

what is altruism

unselfish concern for the welfare of others, doing good deeds for nothing in return

what is ethical egoism

the only ethical duty is to promote ones own well being

• ethical courses of action are determined based on self interest

who is the philosopher behind psychological egoism

hobbes

characteristics of psychological egoism

• descriptive

• how everyone does behave

characteristics of ethical egoism

• normative

• how everyone should behave

who is the philosopher behind ethical egoism

ayn rand

what does psychological egoism say

all people only ever behave in ways they think will benefit themselves

• there is a sense of reciprocity - you do things for people and then there is a debt they may have to pay back

what does ethical egoism say

you can be altruistic but you shouldnt

• only act in your own self interest/benefit

• doing whats best for you

• rational way to behave, will produce most rational world

what are the critiques of egoism

• selfishness is normally considered to be unethical

• could be breaking the law/rules if it benefitted the individual

• egoism is inconsistent with public service

define self interest

preservation of the self

define selfishness

obsessed with the well being of the self with limited or no consideration for the well being of others

how to apply egoism

• what act would most benefit me

• how will my self interest be promoted

• the most ethical action is that which is best for me

who is the psychologist behind ethics of care

carol gilligan

• she worked under kohlberg and his stages of moral development

• she wrote “in a different voice: psychological theory and womens development”

what were kohlbergs stages of moral development

• preconventional - needs of the self are prioritized (obidience and punishment)

• conventional - morality is shaped by understanding of becoming a member of society (social expectation and legal obligation)

• postconventional - abstract and internalized notions of morality and justice

what were gilligans stages of moral development

• pre conventional - needs of self are prioritized

• conventional - morality is about non violent care (not harming others) and balance between needs of others and needs of self

where did gilligan conduct her research

outside of an abortion clinic and interviewed women

• her focus was on women

what are the feminist critiques of ethical theory

• assumed individuals make ethicals decisions independently

• emphasizes impartiality and universality in thinking

how does ethics of care change between a patriarchal society and democratic society

patriarchal

• ethics of care is feminist

• there is the standard that men and women have different ethics and the mens are better - your job is to argue there is no supremacy and that both are important for everyone

democratic

• ethics are representative for everyone in society

what are some masculine values

• right

• justice

• independence

• reason

• impartial

• strength

• leadership

• protection

what are some feminine values

• care

• responsibility

• relational

• emotion

• situational

• gentleness

• support

• nurture

human virutes

• right justice care responsibility reason emotional strength gentleness leadership support

what is restorative justice

restoring or repairing the harm done to all parties via the crime

• restoration to victim, community, and offender

• offenders obligated to make amends

• collaborative healing for all involved

what is the process of restorative justice

involves all parties or representative of each party along with a mediator to come up with a plan to fix the problems and have the offender take accountability

• consent is needed from all parties

what is argued about restorative justice

• it isnt for more serious issues

• it doesnt give justice to victims

  • research shows that victims feel more satisfied with this compared to other forms of justice

what are the 3 components of caring

• attentiveness

• responsibility

• responsiveness

define attentiveness

recognition of relationships and needs of those with whom we interact

define responsibility

recognition of an obligation to relationships

define responsiveness

actoin taken to address the needs of those with whom we are in a relationship with

define care

look out after someone or somethings, meeting the needs and how you do that

• particularly because you love them or its in an emotionally sensitive way

what are the strengths of ethics of care

• combats gender stereotypes in ethics

• centers relationships in ethical decision making

what are the criticisms of ethics of care

• how does an ethic of care inform us as to the ethical treatment of strangers

• provides little guidance on the moral or ethical way to care

• how are concepts of justice and care complimentary and or contradictory

response to ethics of care and strangers

you dont need an intimate relationship with someone for ethics of care but it most likely prioritized

response to ethics of care and concepts of justice

both complementary and contradictory

• victim and rehabilitation could be viewed as care while the other goals of punishment could be viewed as contradictory

  • juvenile vs adult system

applying ethics of care

• identify all relationships involved

• identify the option for resolution that minimizes harm and is most attentive, responsible, and responsive to the relationships involved

what is justice

rights and responsibilities, fairness, and standards

define rights

human rights, constitutional rights, and due process rights

define responsibilities

the responsibility to respect rights, stand ip for rights violations for others, responsibility to other nations and people

define standards

the source or basis for justice

• codes of law, religion, morality, whats the reason we need to be just, where we can find what justice looks like

what are 3 justice related themes

• equality

• fairness

• impartiality

what is equality

treating everyone the same - the absence of avoidable differences

• sometimes its fair and other times if unfair

• ex: splitting a pizza

what is fairness

responding to people and situations based on what is deserved or needed

• hard to define but easy to feel

• central concept to justice

• different from equality

what is impartiality

decisions should be made, particularly, criminal justice decisions, based only on those things that are relevant to punishment

• blind justice, whether one is poor or rich, black or white, man or woman

is equality always justice

no

• fence and box example

• track without staggered start lines example

what are the types of justice

• distributive

• corrective

  • substantive

  • procedural

define distributive justice

the just distribution of resources of society

• the one that the benefits and burdens of society are distributed justly

characteristics of distributive justice

• emphasizes the burdens and unavoidable benefits of society to the poor and marginalized groups

  • when life is harder for one group in society simply because they beong to that group (women, african americans, lgbt, immigrants) its unjust

• aka social justice

what are societal resources

• healthcare

• education

• jobs

what are the 2 justifications for the attribution of resources

• desert (merit) - resources go to those who deserved them, they worked for them, skill and effort based

  • ex: scholarships

• need based - resources go to those who need them

  • ex: financial aid

who was john rawls

philosopher who taught at harvard for 40 years

• made a theory of justice

• distributive justice focus!

• veil of ignorance

what did john rawls think

• moral luck (privilege, inheritance, social status) created injustice and reduces fairness

  • gives certain people advantage when it comes to resources and resource distribution

• the things we get by luck should not determine what share of resources we get

  • privilege, inheritance, social status, parents

what are the 2 principles of social justice

• liberty

• difference

what is the liberty principle

each person has equal right to basic liberties

what is the difference principle

inequalities must be designed to benefit the least advantages members of society

what did rawls argue

a just society is one that is created by people in the original position - the veil of ignorance

• distribution of resources should be decided on decisions of people when they have no idea what position they hold in society

how does the veil of ignorance work

• no one knows if they are rich or poor

• equality should be strived for but any inequalities must benefit the least advantages members of society

• if we distribute goods unequally they should be designed to go to the poorest members of society

how do CJ professionals deal with issues of distributive justice in their professions

• must distribute their talents and services fairly

• must enforce laws of society concerning distribution

  • right to private property, enforce laws against stealing

    • prevent it, detect it, enforce it, punish it, recover it, recompensate it

who does the distribution of resources in society have an impact on

• who commits the crime

• who is targeted by the CJ system

• who has the resources to navigate the CJ procedure

how should justice be distributed

justly

• if one group isnt achieving justice from the CJ system (or is receiving unjust treatment) we need to rethink how to distribute it

distribution of wealth education, opportunity, and their impact of criminal offending and distribution of justice

• areas of concentrated disadvantage

  • poor african americans, single parent families, poverty, social isolation

• structural conditions to those areas, poverty, anonymity, and street culture breed crime and violence

how does CJ action and enforcement differ in society

its disproportionate against the poor

why do people without education, money, or opportunity have little to offer in way of their defense

• have strong social networks to provide support during CJ process

• dont have capacity to get bailed out of jail

• dont have resources to hire and attorney, questions as to adequacy of public defense

what are reasons for racial disproportionality in the CJ system

• differential involvement (distributive justice issues) - increased offending by racial minorities

• disparity in the CJ system - theoretical colorblind policies that have racially different impacts

• discrimination in the CJ system - overt bigotry and implicit bias

define disproportionality

we see a greater percent of a demographic in CJ settings than general population

• US pop is 15% black but prison pop was 45% black

• differential involvement, disparity, and discrimination explain this