Determinants and Dimensions of Ethics

Dr Awdhesh Singh, IRS (Retd.)

Director, Awdhesh Academy,

Former Commissioner, Customs & Indirect Taxes (Central Excise &GST)

Continued …

Definition of Law

• A legal system is the most explicit, institutionalized and complex mode of regulating human conduct.

• Law means• A binding custom or practice of a community

• A rule or mode of conduct or action that is prescribed or formally recognized as binding by a supreme controlling authority or is made obligatory by a sanction, recognized or enforced by the controlling authority.

• Law is useful when dealing with a large group of people.

• In close relationships, it is better governed by informal rules that are created by the us based on the culture and tradition of the society.

Purpose of law

• Laws seek to punish individuals seeking immoral pleasures, which neutralises the benefits of the illicit action.

• Examples:• If a corrupt officer is sent to prison and all his properties are forfeited by

government, his loss is much more than the gain he had earned before.

• If an adulterous person is boycotted by his family and the society, the pain is more as compared to the pleasure he gets in an illicit relationship

Laws, Rules and Regulation

• Laws are passed by Parliaments/State Legislature

• Regulations are the directives or statute enforced by law. These are more in the nature of procedures which must be followed for the observance of the law.

• Rules are the standard set of instructions made for people, which explains how things are to be done. They tell us what to do and otherwise. It can be set up for home, hospital, institution, college, office, school, etc. They don’t have legal backing.

Types of Law

1. Human law

• They are made by human beings through the Parliament or by a degree or an order.

• Fulfils the wishes and aspirations of the people

• Enforced through law enforcement authorities like police or tax department.

• Also called Statute Law or Positive Law.

2. Natural law

• ‘Natural law’ infers to those rules and principles which are supposed to have originated from some supreme source other than any political or worldly authority.

• Natural laws are a priori rather than empirical because it accepts the conclusions without any need or enquiry or observation

• They are considered to be eternal and unalterable

• Examples: Nonviolence, equality, justice, liberty

• They are intuitively understood by the philosophers, prophets, saints etc. from their experiences in life and by close observation of the people.

• They emanate from the very nature of a man whence they are considered to be higher than the man-made laws.

3. Divine law

• Believed to be the commands of God imposed upon men.

• Share many common values like love, compassion, forgiveness, service to poor, charity etc.

• They may be different in each religion.

• Example, • Alcoholism is prohibited in Islam, but permitted in Christianity.

• Idol worship is practiced widely in Hinduism, but is prohibited in Islam and Judaism.

4. Law of reason

• The moral laws when discovered by logic and reason are called the law of reason.

• Example: Immanuel Kant’s categorical imperative derives many moral laws like ‘don’t steal’, ‘don’t lie’ etc. purely based on reason.

• Established by that reason by which the world is governed.

• Perceived by the rational nature of man and is quite universal.

• Application may be disputed on specific instances.

5. Moral laws

• Moral laws are based on the principles of morality.

• The origin of moral laws is our conscience which guides us to follow the right path and shun the wrong path.

• Due to our conscience, we are pulled in a certain direction, not because we desire to act in that way, but in spite of our desire to act in the opposite way.

• It is often referred to as the voice of conscience or inner voice.

• According to Kant, this pull is towards that moral sense which each of us has by virtue of being rational and free.

Types of Law

1. Public and Private Law

2. Civil Law and Criminal Law

3. Substantive and Procedural Law

4. Domestic and International Law

5. Written and Unwritten Law

1. Public and Private Law

• Public Law is that aspect of law which deals with the relationship between the state, its citizens and other states.

• It governs the relationship between a higher party i.e. the state and a lower one, the citizens. • Examples: Constitutional Law, Administrative Law, Criminal Law, International

Law, etc.

• Private law concerns itself with the relationship amongst private citizens. • Examples include the Law of Torts, the Law of Contract, the Law of Trust, etc.

Law of Torts

• An action that is wrong but not criminal and so can be dealt with in a civil court.

• Tort law requires those who are found to be at fault for harming others to compensate the victims.

• Typical harms include the loss of past or future income, payment of medical expenses, payment for pain and suffering

• It may also include additional punitive damages that are meant to punish the plaintiff in excess of full compensation.

• In general tort law falls into three categories: • Negligent torts: Complaints dealing with negligence; • Intentional torts: Intentional harm; and • Strict liability torts: Unintentional but non-negligent acts known as strict liability.

2. Civil Law and Criminal Law

• Civil law is defined is that aspect of law which deals with the relationship between citizens and provides means for remedies if the rights of a citizen are breached. • Examples: Law of Contract, the Law of Torts, Family Laws, etc.

• Criminal Law regulates crime in the society. It punishes acts which are considered harmful to the society at large. • Example: IPC, CrPC, NDPS Act, etc.

• Usually fine and penalty is imposed for the violation of civil laws while a person may be arrested and/or sent to jail for the violation of criminal law.

3. Substantive and Procedural Law

• Substantive Law is the main body of the law dealing with a particular area of law. • Example: Indian Penal Code (IPC).

• Procedural law deals with the process which the courts must follow in order to enforce the substantive law. • Example : Criminal Procedure Code (CrPC)

4. Domestic and International Law

• Domestic law emanates from the state and its effect is on the members of that state.

• Example: IPC, Customs Act, Central GST Act,

• International law is observed between countries and regulates the relationship between different independent countries.

• It is usually in the form of treaties, international convention etc. • Examples: Universal Declaration of Human Rights

• The international laws become a force of law only when they are approved by their own legislature.

5. Written and Unwritten Law

• Written laws are those laws that have been validly enacted by the legislature of a country.

• Unwritten laws, on the other hand, are not enacted by the legislature.

• They include both customary and case law. • Customary Laws are based on the culture and tradition of the people and is

generally unwritten.

• Case law, are written down in a documentary format based on the various judgments of the courts and tribunals.

Morality

• The word ‘morality’ comes from Latin: mōrālis, which means 'manner, character, proper behavior'.

• It is the differentiation of intentions, decisions and actions between those that are distinguished as proper and those that are improper.

• Morality is concerned with the principles of right versus wrong that are based on one’s personal feelings, values and opinions.

• Morality may also be specifically synonymous with "goodness" or "rightness".

• The opposite of morality is immorality.

Conscience

• Conscience is a faculty of the mind that motivates us to act morally or according to our most deeply held values.

• The word conscience is derived from the Latin word ‘conscientia’ which stands for ‘privity of knowledge’ (Secret knowledge).

• It is an inner feeling that guides us to perform the right action and avoid the bad ones.

• Conscience is sometimes regarded as the voice of God/Atman (soul) and therefore a completely reliable guide of conduct.

Dilemma of Gandhi

• A Muslim friend of Mohandas Karamchand Gandhi used to persuade him to eat meat.

• ‘No,’ Gandhi would answer him, ‘Hindus don't eat meat, especially my caste. My ancestors never ate meat.’

• But his friend insisted, ‘If you don’t eat meat, you will remain weak. You have to eat meat if you want to be physically strong.’

• Gandhi very much wanted to be physically strong. ‘Are you sure it will make me strong?’ he asked.

• ‘Yes,’ replied his friend.

• Since Gandhi was very weak, he tried some goat meat one evening. That night, he dreamt that the goat was crying inside his stomach. He was miserable.

• Gandhi cried, ‘I can't eat meat anymore! I have seen the goat crying inside me!’ And he gave up eating meat once and for all.

Gandhi and his inner voice

• For me, the Voice of God, of Conscience, of Truth, or the Inner Voice or 'the Still Small Voice' mean one and the same thing.

• I have always believed God to be without form. But what I did hear was like a Voice from afar and yet quite near. It was as unmistakable as some human voice definitely speaking to me, and irresistible.

• The hearing of the Voice was preceded by a terrific struggle within me. Suddenly the Voice came upon me. I listened, made certain it was the Voice, and the struggle ceased. I was calm.

• The determination was made accordingly, the date and the hour of the fast were fixed…

Views about conscience

• Source • Intuitionism: Conscience to be an innate, intuitive faculty determining the

perception of right and wrong.

• Empiricism: Conscience to be a cumulative and subjective inference from past experience giving direction to future conduct.

• Behavioural scientist view conscience as a set of learned responses to particular social stimuli.

• According to Freud, the superego is formed by the child’s incorporation of moral values through parental approval or punishment.

• The resulting internalised set of prohibitions, condemnations and inhibitions is that part of the superego known as conscience.

Types of Conscience

• Antecedent conscience: It helps a person decide the morality of an action before doing it. It would either permit or forbid the action to be taken.

• Consequent conscience: This conscience infers the judgement of the mind after the action has been undertaken. If the conscience approves our action, we feel happy and peaceful. If our conscience disapproves our action, we feel guilty and unhappy.

• Correct conscience: This conscience tells us when something is a good or a bad choice and whether this decision is in agreement with what that thing actually is according to the objective law.

• Erroneous conscience: When a person judges something incorrectly. When something is bad he thinks it is good and when it is good he thinks it is bad.

Types of Conscience (Continued)

• Certain conscience: When a person is convinced without any doubt that an action is good or bad.

• Doubtful conscience: When a person cannot choose between good and bad choices. In this situation, a person is unable to decide and act correctly.

• Lax conscience: When a person sees no sin where there actually is sin. Such type of conscience is a result of ignoring the voice of conscience for long and repeatedly doing actions against your conscience.

• Scrupulous conscience: It is a type of conscience where a man sees an act or action as morally wrong when the act is not actually so.

Voice of Conscience

• Voice of conscience is the result of our social conditioning, which becomes a ‘learned instinct’. • Example: Lying is bad .

• Sometimes conscience is based on reason which warns you of dire consequences if you are attempting to do something illegal or immoral. • Example: Cheating on your spouse, accepting bribe

• Our conscience can be conditioned by upbringing and training.• Example: Army, Butcher, Meat-eating

Conflict of Conscience

• When the voice of conscience shows two different paths, which contradict each other.

• When we can’t follow both the paths and we have to forego one path to take another.

• These situations are similar to ethical dilemma • Example: Police encounter vs. Investigation, Love vs. arranged marriage

Crisis of Conscience

• Crisis of conscience happens when we are worrying or feeling uncomfortable because we think that we have done something unfair or morally wrong.

• It is reflected in the form of guilt or remorse. • Example: Corruption in government, donation in politics, marketing in

business

Ethical Guidance of Law and Conscience

• Right action is under two types of fears • Fear of God (fear of conscience )

• Fear of rod (fear of punishment by law)

• When there are too many laws, enforcement becomes difficult and even ineffective.

• The more laws and order are made prominent, the more thieves and robbers there will be. Lao-Tzu

• Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws. (Plato)

Comparison of Ethics and Morality

Ethics1. Ethics are codified by philosophers, which

can be studied and implemented.

2. The rules of conduct recognized in respect to a particular class of human actions or a particular group or culture.

3. Ethics refer to rules provided by an external source i.e. society, nation or religion.

4. Social pressure are exerted on the people to follow an ethical behaviour.

5. Ethics are governed by professional and legal guidelines within a particular time and place

Morality 1. Morality is fluid that varies from

situation to situation, person to person.

2. Morals is a personal compass of right and wrong. You choose your morals based on your personal values.

3. Moral refer to an individual’s own principles regarding right and wrong. Its source is internal.

4. Personal belief is behind following a moral behaviour.

5. Morality transcends cultural norms and quite universal.

Comparison of Morality and Legality

Morality1. Depends on belief 2. Undefined and fluid 3. Tells you what is to be done and

what is not to be done4. Rewards and Punishment5. Subjective6. Social Punishment prescribed for

violations 7. Offers choices

Legality

1. Depends on the words of law

2. Well defined and rigid

3. Tells you what is not to be done

4. Only Punishment

5. Objective

6. Specific punishment prescribed by law

7. Offers no choice

Q. A moral person is governed by the

A. Rules of the society

B. Popular ethics of his society

C. Internal convictions

D. The words of his Scriptures

Q. Laws may cause injustice to people because

A. They are flexible

B. They are not moral

C. They are rigid

D. None of the above

Q. Which one is an incorrect statement about the law?A. You have a choice to follow the law

B. You are punished for violation of law

C. You have no choice but to follow law

D. None of the above

Determinants of Ethics

• The factors that determines ethical conduct of a person are called the determinants of ethics.

• Ethical values of a person depends on multiple factors like 1. Person

2. Place

3. Law

4. Organization

5. Religion and Philosophy

6. Time

1. Person

• Every human being is unique and possesses different types of attributes.

• Ethical values are developed due to nature and nurture.

• People acquire their ethical values from their parents, teachers, elders depending upon their nature and experience

• They may follow their parents value or follow the opposite values based on their nature and attitude

• Peer pressure in schools and colleges is also responsible for development of many ethical or unethical values

2. Place

• Culture, tradition and values of the society and country plays important role in shaping ethical values.

• Ethical values vary greatly in each country and in each society

• Corruption is quite common in India but not so in many developed countries

• Live-in relationships, adulatory, extramarital and premarital relationships are quite common in Western world and not in India

3. Law

• The government of a State makes law which prohibits certain actions and allows others

• Laws decide the concept of right and wrong for the citizen

• Laws guide the citizen to follow the right path

• Laws like prohibition of Sati played important role in stopping sati pratha

• Laws relating to inter-caste and inter-religion marriage, prohibition of dowry, divorce provision transformed ethical values of society

• Supreme Court orders declaring Section 377 of the IPC unconstitutionalgave boost to LGBT Rights

• The SC judgment of Triple Talaq and Sabrimala is likely to transform the values of the society in future.

4. Organization

• Every organization has a culture of its own

• People mould their values to fit into organizations

• The ethical values of the employees of the government sector, politics, corporates and PSUs vary

• The ethical values of a police officer is different from that of a an employee in a hospitality sector

The Stanford Prison Experiment

• Conducted by Philip George Zimbardo, a psychologist and Professor Emeritus at Stanford University in 1971

• He picked 24 male students to participate in a psychological study of prison life. The experiment was conducted in a makeshift prison located in the basement of Stanford Psychology Department.

• Half of them were randomly assigned the role of ‘prisoners’ and the remaining half were to act as ‘prison guards’.

• Initially the prisoners did not take the guards seriously. Soon the guards began to impose their authority. When the prisoners refused to obey, the guards used power against them. The next day, the prisoners rebelled. Guard imposed their authority forcefully giving them punishment.

Experiment (Contd.)

• Within a few days, the students who were merely ‘acting ‘as guards, began to behave like real prison guards and became sadistic.

• The students playing the role of prisoners became extremely stressed and developed symptoms of acute depression.

• The experiment was originally planned for two weeks but had to be called off within six days due to its extreme effect on the participants.

5. Religion and Philosophy

• Most people in the world are religious and believe in God

• All religions prescribes dos and don’ts to their followers.

• Examples• Alcohol is prohibited in Islam while permitted in Christianity. • Hinduism divide the people based on castes in rigid hierarchy • Divorce is not allowed in Hinduism, but permitted in Christianity and Islam. • Islam permits upto 4 marriages by males and triple talaq

• Religion is one of the most important determinates of ethical values.

• Faith on philosophies often determine the ethics of nonreligious people.

6. Time

• Ethical values keep changing with time.

• What was ethical in the ancient or medieval period is not considered to be ethical in the modern period.

• It was ethical to conduct war in the ancient and medieval time for whatever reason, but it is considered immoral in the modern time.

• It was immoral to be gay in the ancient time, but it is considered permissible in the modern time.

• It was unethical for a man or woman marries against their wishes of their parents, but ethical now.

• Parents arranged marriage for their children earlier even against their will. Such practice is unethical now.

Q. Most Muslims don't consume alcohol. This is most due to their

A. Religion

B. Culture

C. Nature

D. Country

Q. Ethical values of a person depends on

A. Person

B. Place

C. Religion

D. All the above

Dimensions of Ethics

Dimensions (Branches) of Ethics

1. Meta-ethics: It examines the origin and meaning of ethical principles.

2. Descriptive ethics: It deals with people’s belief about what is morally right or wrong.

3. Normative ethics: It is the study of ethical action/s in a given situation.

4. Applied ethics: It involves examining specific controversial issues related to ethics in society.

Metaethics

• Metaethics is made from two words; "meta" (means beyond) and ethics. Hence, metaethics means what is beyond ethics i.e. why ethics exists at all.

• Accordingly, metaethics can be defined as the study of the origin and meaning of ethical concepts.

• It covers broadly two issues.A. Metaphysical issues

B. Psychological issues

A: Metaphysical Issues:

• A division of philosophy that is concerned with the fundamental nature of reality and being.

• It deals with the matter that is beyond the objective experience.

• It can be further divided into • Absolutism

• Relativism

B: Psychological Issues in Metaethics

• Why do some people behave morally and others are immoral, when they are brought up in the same society and often in the same family?

• Does being ethical is a matter of faith or based on some reasoning?• Are we moral because it gives us certain benefits like happiness, honour or

connect with people?, or

• Are we moral because we want to avoid punishment, social isolation or hatred from fellow human being?

Psychological factors of morality

1. Egoism

2. Altruism

3. Emotions

4. Reason

Descriptive ethics

Descriptive ethics (comparative ethics)

• Study of people’s beliefs about morality.

• Empirical research into the attitudes of individuals or groups to ascertain what people consider moral

• Investigates which actions societies reward or punish

• Dynamic: keeps changing with time and place

• Provides authentic information about what is considered ethical by the society.

• Philosophers use reasoning to understand and justify the prevalent social behaviour and come up with newer theories of ethics

Normative Ethics

Normative Ethics

• Normative ethics is the study of ethical action.

• It deals with ‘ethical dilemma’ and investigates the set of questions that arise when considering how one ought to act morally in a given situation.

• An ethical dilemma (ethical paradox) is a decision-making problem between two or more possible moral imperatives—neither of which is unambiguously acceptable or preferable.

• It is also sometimes called prescriptive, rather than descriptive, because it tells us how to act morality rather than what morality is.

Types of Normative Ethics

1: Virtue ethics

• It focuses on the inherent character of a person rather than on specific actions.

• Our actions are manifestation of our inner self.• If you are a good person, all your actions shall be good.

• If you are a bad person, you actions can’t be good.

• It means that if you are a virtuous person, all your action shall be ethical.

• Just like a hero, a virtuous person also always do the right things.

A Tree Is Known by Its Fruit

• “For a good tree does not bear bad fruit, nor does a bad tree bear good fruit. For every tree is known by its own fruit. ..A good man out of the good treasure of his heart brings forth good; and an evil man out of the evil treasure of his heart brings forth evil. For out of the abundance of the heart his mouth speaks. (Luke 6:43-45)

Four Cardinal Virtues

1. Prudence/Wisdom: It is the ability to discern the appropriate course of action to be taken in a given situation at the appropriate time.

2. Courage: The ability to confront fear, uncertainty, and intimidation

3. Temperance: Tempering the desires and appetition (appetite, a longing for or seeking after something).

4. Justice: Fairness and righteousness

Criticism of Virtue theory

• Virtues are subjective and keep changing with time.

• A virtuous woman in ancient times implies one who is quiet, servile, and productive. However, this does not hold good today.

• Action and consequence of the action is more important than the inherent quality of the person.

• A true virtue is one that is universally applicable. However, most virtues have cultural and social bias.

• Servility may be consider as a female virtue, but is not considered to be a male virtue.

2: Deontology

• Deontology is derived from the Greek word ‘deon’ meaning "obligation, duty"

• An action should be judged based on laws and rules.

• It is sometimes described as "duty-" or "obligation-" or "rule- based ethics”, because rules "bind you to your duty".

• Decisions should be made based on one's duties and one's rights.

• Given by Immanuel Kant, one of the greatest philosopher of all times.

• An action is more important than the consequences.

• Most relevant in the civil services since your actions should always be in accordance with the rules and laws of the country.

Types of Deontology Ethics

• Categorical Imperative• Given by Immanuel Kant

• One must act only according to that maxim which is rational and should become a universal law.

• Gandhian Ethics• Mahatma Gandhi believed in the righteousness of action.

• Means are as important as ends

• Truth and Nonviolence are non-negotiable

• Nishkam Karma• Do your duty without any expectation of the fruits

3: Consequentialism (Teleology)

• It is derived from two Greek words: telos (end, goal, purpose) and logos (reason, explanation).

• The morality of an action depends on the outcome (consequence) or result of an action.

• Ends are more important than the means.

• Utilitarian is the most important ethical principle of teleology.

4: ‘Ethics of care’; or ‘Relational ethics’

• This school of thought was founded by feminist theorists, notably Carol Gilligan.

• She argues that morality arises out of the experiences of empathy and compassion.

• It emphasizes the importance of interdependence and relationships in achieving ethical goals.

• An ethical action is one that nurtures relationship and strengthen the family and the society.

Whether ethical principles are universal or not, is studied in…A. Metaethics

B. Normative Ethics

C. Applied Ethics

D. None of the above

Q. The most notable philosopher for ‘reason’ based ethics was

1. Immanuel Kant

2. Hume

3. Aristotle

4. Socrates

Applied Ethics

Applied Ethics

• Applied ethics refers to the practical application of moral considerations.

• Applied ethics deals with real-world actions and their moral considerations in the areas of private and public life, the professions, health, technology, law, and leadership.

• An Applied Ethics should be controversial, it should involve moral dimensions and it should have substantial impact on society.

Sample Issues of Applied Ethics

• Under what conditions is an abortion morally permissible?

• Does a citizen have a moral obligation to actively participate (by voting) in the democratic process of one’s nation?

• What obligations, if any, does one have to the global poor?

• Is it right to pay the users for product review?

• Whether euthanasia should be legalised?

• Whether same-sex marriages be allowed?

Requirement 1: Is it controversial?

• The issue must be controversial because significant number of people are for and against the issue at hand.

• The common moral issues like theft, murder, rape etc., which are admitted by almost everyone as immoral are not part of the applied ethics.

• Murdering people using guns is not applied ethics. However, gun control is within applied ethics.

Requirement 2: Is it a moral issue?

• Some issues like reservation, affirmative action, public versus private health care systems, or energy conservation are controversial, they also have substantial impact on the society and yet not having a moral dimensions.

• These are only issues of social policy, which may help make a better society.

Normative Principles in Applied Ethics

1. Personal benefit: acknowledge the extent to which an action produces beneficial consequences for the individual in question.

2. Social benefit: acknowledge the extent to which an action produces beneficial consequences for society.

3. Principle of benevolence: help the people who are in need.

4. Principle of paternalism: assist others in pursuing their best interests when they cannot do so themselves.

5. Principle of harm: do not harm others.

Normative Principles in Applied Ethics (Contd.)

6. Principle of honesty: do not deceive others.

7. Principle of lawfulness: do not violate the law.

8. Principle of autonomy: acknowledge a person's freedom over his/her actions or physical body.

9. Principle of justice: acknowledge a person's right to due process, fair compensation for harm done, and fair distribution of benefits.

10. Rights: acknowledge a person’s rights to life, information, privacy, free expression, and safety.

Branches of Applied Ethics

• Medical ethics,

• Business ethics,

• Environmental ethics,

• Sexual ethics,

• Human Right ethics