Ethics midterm review

Logical Fallacies and Cognitive Biases

Tu Quoque Fallacy

• Definition: A fallacy that occurs when someone dismisses an argument by accusing the opponent of hypocrisy rather than addressing the substance of the argument.

• Example:

• Person A: “You shouldn’t smoke; it’s bad for your health.”

• Person B: “Well, you smoke, so why should I listen to you?”

• Strengths:

• Can expose hypocrisy in an opponent’s argument.

• Weaknesses:

• Does not actually refute the argument itself.

• Can distract from the main issue.

Slippery Slope Fallacy

• Definition: A fallacy that suggests that a small action will inevitably lead to a series of extreme and undesirable consequences without sufficient evidence.

• Example:

• “If we allow students to use calculators in class, soon they won’t be able to do basic math, and then they won’t be able to function in society at all.”

• Weaknesses:

• Assumes an exaggerated chain reaction without proof.

• Ignores possible safeguards against the extreme outcome.

Confirmation Bias

• Definition: The tendency to search for, interpret, and remember information in a way that confirms one’s preexisting beliefs while ignoring or downplaying contradictory evidence.

• Example:

• A person who believes in astrology only remembers the times their horoscope was accurate and ignores when it was wrong.

• Weaknesses:

• Can lead to poor decision-making by disregarding contrary evidence.

• Can reinforce misinformation.

Sunk Cost Fallacy

• Definition: The tendency to continue investing in a losing endeavor because of previously invested resources (time, money, effort), even when it would be more rational to cut losses.

• Example:

• Continuing to watch a terrible movie at the theater because you already paid for the ticket.

• Weaknesses:

• Leads to inefficient decision-making.

• Encourages wasteful persistence.

Ethical Theories

Cultural Relativism

• Definition: The belief that moral truth is determined by cultural norms and that there are no universal moral standards.

• View of Moral Truth:

• Morality is relative to a society’s customs and traditions.

• Argument Against:

• If cultural relativism were true, we could not criticize harmful practices in other cultures (e.g., slavery, genocide).

• It implies that moral progress is impossible since it assumes all moral changes are merely shifts, not improvements.

Moral Objectivism

• Definition: The belief that moral truths exist independently of human opinion and cultural norms.

• Contrast with Moral Absolutism:

• Moral objectivism allows for flexibility in moral application, while moral absolutism holds that moral rules apply universally without exception.

• Moral Progress Argument:

• Moral objectivism explains moral progress (e.g., abolition of slavery) because it assumes there are objective moral truths to strive for.

• Argument Against:

• Critics argue that moral objectivism fails to account for cultural diversity in moral beliefs.

The Grounding Problem

• Definition: The philosophical issue of determining the basis or justification for moral truths. Essentially, it asks, “What makes moral claims true?”

Moral Theories

Utilitarianism

• Definition: A moral theory that evaluates actions based on their consequences, specifically aiming to maximize overall happiness or welfare.

• Motive: The right action is the one that produces the greatest happiness for the greatest number.

• Application Example:

• A doctor saves five patients by sacrificing one healthy person for organ donations.

• Difficulty:

• Can justify morally questionable actions (e.g., sacrificing an innocent person for the greater good).

Kantian Ethics

• Definition: A moral theory based on duty and universal moral laws rather than consequences.

• Motive: Actions are morally right if they follow a universalizable principle (categorical imperative).

• Application Example:

• Lying is always wrong, even to protect someone, because if everyone lied, trust in society would collapse.

• Difficulty:

• Can lead to rigid moral obligations that ignore context (e.g., never lying, even in extreme cases).

Political Philosophy and Law

Hobbes: The State of Nature and The Social Contract

• State of Nature:

• A hypothetical condition where there is no government, leading to a “war of all against all.”

• Life is “solitary, poor, nasty, brutish, and short.”

• The Social Contract:

• People give up some freedoms and submit to an authority in exchange for security and order.

Related Concepts:

• Egoism: Hobbes believed humans are inherently selfish.

• Freeloader Problem: A challenge in social contract theory where individuals benefit from the system without contributing.

The Harm Principle

• Definition: John Stuart Mill’s principle that individuals should be free to act however they want unless their actions cause harm to others.

Forms of Paternalism

• Hard Paternalism: Restricting an individual’s liberty for their own good, even if they are fully informed and capable of making their own choices.

• Soft Paternalism: Intervening only when an individual is uninformed or unable to make a rational choice.

• Strong Paternalism: Enforcing measures for people’s well-being even if they disagree.

• Weak Paternalism: Only intervening when someone is acting under misinformation or coercion.

Drug Policy and Legalization

DEA Argument for Prohibition

• Core Idea: Drugs should be illegal because they cause harm to individuals and society (addiction, crime, health issues).

Huemer’s Criticism of DEA Argument

• Key Points:

• Many legal activities (e.g., drinking alcohol, unhealthy eating) also harm individuals, yet they are not prohibited.

• People have the right to control their own bodies.

Huemer’s Positive Argument for Legalization

• Core Idea: Drug use is a personal choice that does not directly harm others, so it should not be criminalized.

• Criticism:

• Some argue that drug use does indirectly harm others through social costs (e.g., medical expenses, accidents).

Masterpiece Cake Shop Case

Arguments for Masterpiece Cake Shop

1. 1st Amendment Free Speech:

• Cake decorating is a form of artistic expression, and forcing someone to create a message they disagree with violates free speech.

2. Free Exercise Clause:

• The owner’s religious beliefs should be protected.

Rebuttal from Colorado Civil Rights Commission (CCRC):

• Anti-discrimination laws protect against refusal of service based on sexual orientation.

Arguments for Colorado Civil Rights Commission

1. Civil Rights Act:

• Businesses open to the public cannot discriminate based on identity.

2. Discrimination:

• Allowing refusals based on religious beliefs could open the door to widespread discrimination.

Rebuttal from Masterpiece:

• The law should not force individuals to express messages that violate their beliefs.

Punishment and Responsibility

Retributivism vs. Utilitarianism in Punishment

• Retributivism: Punishment is justified as a deserved consequence for wrongdoing.

• Utilitarianism: Punishment should be based on future benefits, such as deterrence or rehabilitation.

Moral Responsibility in Law

• Mens Rea (Guilty Mind): A person’s intent or knowledge of wrongdoing.

• Actus Reus (Guilty Act): The physical action of committing a crime.

Levels of Criminal Behavior

1. Intentional – Deliberate wrongdoing.

2. Reckless – Ignoring substantial risk.

3. Negligent – Failing to exercise reasonable care.

4. Strict Liability – Liability without proof of intent (e.g., statutory rape, selling alcohol to minors).

These notes cover all the key topics in a clear and structured manner for effective studying. Let me know if you need any refinements!