navy401 exam 1

Leadership in Combat: 3 Way Problem

Narratives

• Story of the community

• Affected by the inner ring

Integrity

• Made up of your principles and actions

• Luban’s principles impact this

Luban’s High Road

Luban’s Low Road

Rationalizations: Denial of Responsibility

• “Come on man, I had no choice!”

Rationalizations: Denial of Injury

“It was no biggie, No one got hurt!”

Rationalizations: Denial of Victim

• “They asked for it!”

Rationalizations: Social Weighting

• “ Who the heck are you to criticize me?”

Rationalizations: Appeal to higher loyalties

• “I answer to a higher cause”

Rationalizations: Metaphor of the ledger

• “I’ve earned the right to do what I want”

Socialization Strategies: Co-Optation

• Rewarding unethical behavior

Socialization Strategies: Incrementalization

• Gradual exposure, so people can adjust, adapt and internalize what is expected over time

Socialization Strategies: Compromise

• You do this for me, I’ll do this for you

The Moral Thermocline

• Gap between our personal moral judgements and moral judgment we make considering the actions of others

  • To address these problems, we use Test of Integrity, or weigh the moral dilemma

Test of Integrity

• I know the right (wrong) thing to do

Moral Dilemma

• I don’t know the right (wrong) thing to do (Ethical decisions, like truth vs. loyalty, justice vs. mercy, etc.)

Moral Deliberation Roadmap

• For Moral Dilemmas

Moral Deliberation Roadmap: Constraints (1)

• Does my action violate my duty to respect other people’s natural human rights

• Can use Kant’s Categorical Imperative to analyze

  • Mere Means

  • Universalization

  • Intuition

• Also, analyzing impacts with Doctrine of Double Effect

Universalization Test

• Analyzes Constraints

• Can I universalize my actions without logical contradictions?

  • Ex. It is okay to lie when it helps me avoid punishment. However, if everyone were to lie, trust collapses so we cannot rationalize it as a universal law

Mere Means Test

• Would my policy treat others as ends in themselves?

  • Lying to someone to borrow money (knowing you won’t pay them back), using them to get money, without respecting their right to make an informed choice

Rights

• An entitlement, not always dependent on desert (surrendered through choice or misconduct)

• Can affect constraints

Intuition Test

• Am I treating this person in a way that benefits equal dignity?

  • Would I want to admit this out loud to someone I respect?

Doctrine of Double Effect

• If an action has two effects→ One good, one bad→ it can be morally permissible if the bad effect is not intentional, just foreseen if it follows PUMP

  • Permissible→Must be morally good or neutral

  • Unavoidable→ Bad effect is not intended

  • Means→ Is the bad effect the means to the good?

  • Proportional→ Good effect must outweigh the bad

Distributive Justice

• Have I distributed the burdens and benefits of the community fairly?

Retributive Justice

• Theory of justice that emphasizes punishment for wrongdoing as a morally appropriate response to crime

• It is based on the idea that offenders deserve to be punished in proportion to the severity of their offense

Moral Deliberation Roadmap: Consequences (2)

• An outcome is right/wrong based on outcomes alone

Egoism

• Consequence

  • The outcome was best for me

Hedonism

• Consequence

  • Outcome was the most pleasurable

Epicuranism

• Consequence

  • Outcome was the one that avoided pain

Utilitarianism

• Consequence that generates the greatest net happiness

Krauthammer’s Stance on Torture

• Believed torture. to be morally required against terrorists with lifesaving info

Sullivan’s stance on torture

• Believed torture is ALWAYS morally evil

Moral Deliberation Roadmap: Special Obligations (3)

• Determined by Sandel’s 3 Categories of Moral Responsibilites

Sandel’s 3 Categories of Moral Responsibility

Constitutional Paradigm

1. Understand priority of loyalties (Should not change)

2. If loyalties conflict, resolve the conflict and THEN act

3. If conflicts cannot be resolved it may be because you are in the wrong line of work. Remove yourself

4. If you oppose a legal but immoral order, follow dissent and disobedience prerequisites.

Dissent and Disobedience Prerequisites

1. Non-Trivial

2. Try to fix it

3. Disobey in Public

4. Accept Consequences

Moral Deliberation Roadmap: Character (4)

Aristotle Pride

• Proper sense of one’s own worth

• More about deserved pride based on actual excellence

Lewis Pride

• Described as Superiority, Competition/Comparison

• Seeks Power

Aristotle Humility

• Small mindedness, Stands back from noble causes

• Underestimates themself

Lewis Humility

• Core value

• Treating others as equals

• Recognizing dependence on others, and god

Reflective Obediance

• Obey after believing an order is just

  • Needs moral excellence

Coerced Obediance

• Obey because forced to, no real choice is involved

Stockdale’s Self Mastery

• His deepest fear wasn’t physical pain, it is moral collapse

  • Moral Integrity is your truest self

Epictetus Self Mastery

• Character is your fortress real harm is when you betray the good man inside of you

Stocisim

• Key to living a good life is living with virtue, reason and self control no matter what happens

• Control what you can, accept what you cannot

Courage

• Settled disposition to act courageously

Physical courage

• Acting despite known risk of bodily harm

Moral courage

• Acting despite known risk of social psychological, political or economic harm

Martial Courage

• Acting with physical/moral courage while facing an enemy determined to destroy

Naval Core Values

• Honor→ Accountability for personal/professional behavior

• Courage→ Gives moral and mental strength to do what is right

• Commitment→ Work together as a team to improve

PTSD

• Triggered by life threatening or terrifying event.

• Brain/Body reacting to threat and fear

Moral Injury

• Wound to the soul/conscience

• Caused by violating moral code, or witnessing something that goes against core values

Discipline

• Control gained by enforcing obedience or order

• orderly or prescribed conduct of pattern of behavior

• self control

• to train or develop by instruction/exercise especially in self-control

Counseling Process

1. Prepare for the session: observe and document behavior, gather all info for discussion

2. Create suitable conditions

3. research and explore the issue

4. move toward the goal of the session

5. monitor progress and follow up

Punishment

• failure of discipline, imposed with the objective of improving performance

Operational risk management

• the process of dealing with risk associated with military operations which include risk assessments, risk decision making and implementation of effective risk control

• Process

  • Identify hazard

  • assess hazard

  • make risk decisions

  • implement controls

  • supervise, follow up evaluations of control

Right

• something to which one can claim; a power of privilege to which one is justly entitled.

  • deserving of protection from and by the state.

  • give rise to the duty in others not to interfere with the exercise of it

liberty

• the quality or state of being free; a right or immunity enjoyed by prescription or by grant

  • the right and power to act, believe or express oneself in a manner of one’s own choosing.

Disposition of UCMJ Violation

Courts Martial

• formal legal trial

  • GCM

  • SPCM

  • SCM

  • No BCD

General Court martial

• Most serious crimes, felonies

  • Similar to a grand jury

Special Court Martial

• Mid-level, serious misdemeanors

• There is a jury

Summary Court Martial

• Minor Offenses

• Non criminal, accused must consent

No BCD Court Martial

• Military judge alone

Summary Flow of Military Justice

• violation→ report→ preliminary investigation→CO decision→action branch→ admin seperation

Nonjudicial Punishment

• Disciplinary process used to address minor offenses without sending to a formal court martial

• Office Hours (USMC) and Captain’s Mast (NAVY)

NJP Process

1. Someone is accused of committing an offense

2. Preliminary investigation

3. CMC holds a discipline review board

4. Xo inquiry, makes reccomendion

5. Captain mast/ office hours→ co weighs evidence and makes decision

6. Appeals process if desired

Military Court Appeals Process

Jus ad Bellum

Justice to War

• Preemptive → war waged in the face of imminent attack of aggression

• Preventive→ War waged to eliminate/mitigate potential threats

  • War must be declared by legitamate authority

  • War must be fought in pursuit of a just cause

  • War must be fought with the right intention

  • last resort

  • likelihood of success

  • must be proportionality of ends

Jus ad Bello

• Justice in war

  • Applies to political leaders/soldiers

  • Discrimination between combatants/noncombatants

  • proportionality of force

  • military necessity

  • fair treatments of prisoners of war

  • no evil in themselves, no evil weapons

Five moral challenges of modern war

1. Moral numbing→ has killing become too mechanical?

2. Moral frustration→ if our adversaries don’t play by the rules why should we?

3. Preserve the consequences of doing good→ Can strictly following ethical rules put you at a disadvantage

4. Preserve the consequence of risk aversion→ Can force protection be a strategic liability for western forces

5. legalization of ethical reasoning→ if the jag says its legal than its moral… right?