SW 435 (Ethics)- notes PDF

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Foundations of Professional Ethics Social Work 435

 Page #

Contents

1-2

Intro to Ethics

3

Role of Ethics + Values in SW

4-7

Ethical Theory: Utilitarianism + Deontology

8

Theories of Justice

9-10

Prima Facie Ethics

11-12

Virtue Ethics

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Contents

1 August 29

Introduction to Ethics What does your stance on Nature vs. Nurture say about your beliefs about human nature? ○ Are people born good/bad or are they shaped by the environment/society?

● Personal vs professional values ○ Think about the role of personal values in decision-making ○ Think about the role of bias in decision-making ○ Think about the impacts of personal values and biases in professional decision-making

● Values: rules by which we make decisions about (right and wrong; should and shouldn't; good and bad) ○ What is more and less important ○ What is useful when we have to trade off meeting one value over another

● Professional Social Work values (NASW): 1. Service 2. Social justice 3. Competency 4. Integrity 5. Value and worth of persons 6. Importance of human relationships

● Morals: have a greater social component than values and tend to have very broad acceptance. Far more about good and bad than are values. A person can

2 be described as immoral, yet there is no word for an individual who does not adhere to generally accepted values. ○ We often judge people more strongly on their morals than values

● Ethics: tend to be codified into a formal system or set of rules which are explicitly adopted by a group of people. We have professional ethics, but we seldom hear about professional morals. If we accuse someone of being unethical, it is equivalent to calling them unprofessional. Being called unethical is often taken as significant insult and is perceived as being a more personal attack than being called immoral. ○ Unethical > immoral

● Personal ethics: personal ethics act as the foundation of your moral compass. Personal ethics are the internal guide that tells you what is right or wrong. Personal ethics are otherwise known as your conscience.

● Ethical conduct: ○ human beings often (but not always) display ethical behaviors. ○ Ethical behavior means having respect for humanity in general ○ When we respect humanity, we will not be in conflict with societal norms such as not stealing, not killing, being honest, etc

● Ethical dilemma: an ethical dilemma is a situation in which moral or ethical obligations conflict in such a way that any possible resolution to the dilemma is morally intolerable. In other words, an ethical dilemma is any situation in which guiding moral principles cannot determine which course of action is right or wrong. ○ The SW Code of Ethics addresses this and advises our actions as social workers

3 September 5

The Role of Ethics and Values in the Profession *Is the NASW Code of Ethics an effective tool for solving moral dilemmas? NASW Code of Ethics ● Not generally utilized in day-to-day social work practice ○ Why is it underutilized? Critiques of the COE ● Organization is counterintuitive ○ Could be organized around: ■ Areas of conflict or distress ■ Major categories or distress ○ Better organization -> utilized much more often ● Guidelines/prescriptive statements ○ Most statements are not absolute ○ Statements leave room for contextual interpretation ■ This is a strength of the COE, but there are problems as well ● Confusing contradictions ○ Ex: “termination of services for clients who do not pay” vs “do not abandon clients who are still in need of services” ● Limitations are inherent in every set of rules ○ Context must be taken into account for each ethical dilemma ○ Practitioners are expected to decide on priorities when conflicts arise within the COE among values, principles and standards *So then, how should practitioners decide which one takes precedence? ● There is no universal method for solving ethical dilemmas put forth by the COE Self-reflection “The unexamined life is not worth living.” - Socrates ● Spirituality ○ How do my beliefs affect my practice? ● Prejudgments ○ Biases

4 September 10, 2019

Ethical Theory: Utilitarianism + Deontology Consequentialism

=  

 Teleology

=    Utilitarianism

Deontological Theory ● People should adhere to their duties and obligations ○ This means that a person will follow his/her obligations to another individual or to society because upholding one’s duty is considered ethically correct Teleological Theory ● The word “teleology” is derived from the great word “telos” that means “ends” ● Under this theory, one consider the ends, or the outcomes of one’s decisions Consequentialism ● A teleological ethical approach ● Focuses on the ends of an actions (“consequences”) ○ Judges the morality of one’s actions based on how well the end result conforms to predetermined criteria - happiness or pleasure ○ Thus, an action is seen to be morally right when it leads to more happiness or pleasure Utilitarianism ● Utilitarian (Teleological) ideas are consequential ○ Only the outcome matters ○ The values of good  and bad  are used to judge whether an action is right  or wrong 1. Act Utilitarianism ● An act is right if it maximizes utility (group happiness as a whole) ● The Principle of Utility is applied directly to the selection of particular actions under particular circumstances ○ Consequences matter- greatest good for the greatest number ● “Do the greatest good for the greatest number of people”

2. Rule Utilitarianism ● An act is right if it conforms to a rule that maximizes utility (ex: a rule that leads to group happiness)

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Thus, a rule not suited for everyone simply cannot have good overall consequences The Principle of Utility is applied to the selection of a set of rules, which are in turn used to determine what to do in particular situations ○ (ex: 10 commandments, 5 pillar of Islam, Buddah’s 8-fold path) “To break a rule that maximizes utility is morally wrong)

*t wo most important contributors in Utilitarianism: Jeremy Bentham, John Stuart Mill

Jeremy Bentham (1748-1832) ● A Utilitarian who argued that the Principle of Utility  should be the basis of morality and law ●

Utility : that which promotes pleasure  and prevents pain

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Principle of Utility: “it is the greatest happiness of the greatest number that is the measure of right and wrong”

John Stuart Mill (1806-1873) ● Critiqued Bentham’s Principle of Utility ○ The Principle of Utility s acrifice the rights of the minority for the sake of the happiness of the majority ○ Argues that respect for an individual’s rights is “ the most sacred and binding part of morality” ○ Compatible with the idea that justice rests ultimately on do the greatest good for the greatest number of people ●

Believes that we will respect individual rights when we do the greatest good for the greatest number of people. ○ Because most individuals are having good things done for them.

Immanuel Kant (1724-1804) ● Published The Critique of Pure Reason ● Rejects Utilitarianism (greatest good for the greatest number) ● Believes: ○ In human dignity ○ We are all rational beings  who are capable of reason ○ We are all autonomous beings  who are capable of acting and choosing freely

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 ut instead we are slaves to our own When we seek pleasure  we are not acting freely, b desires ○ Pain and pleasure are not everything (as Bentham believed) ○ Natural necessity (being humans living form) means that all people will act to avoid pain and increase pleasure; thus there are NOT the central tenets of life

Kant’s Concept of Freedom ● Freedom = ○ Autonomy (not heteronomy) ■ To act freely (according to a law I give myself) ■ One must do t he right thing  for the right reasons ○ Duty ○ Intention ● Freedom -> gives people dignity Deontological Ethical Theory (“Kantianism” or “Kantian” Ethics) ● The normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules , rather than based on the consequences of the action ● People should adhere to their duties  and obligations Immanuel Kant’s Three Contrasts 1. Freedom/determination of will a. Autonomy b. Heteronomy 2. Morality motives a. Duty b. Inclinations 3. Reason imperatives a. Categorical Strengths of Kantian Ethics ● Straightforward and based on reason ● Removes emotions ● Places morality on the individual ● Every human being has intrinsic worth ● Removes the threat of exploitation and selfishness of society ● Forbids acts that would be considered immoral Weaknesses of Kantian Ethics ● High-minded and far-removed from dealing with immediate situations ● Principles are too general to apply to specific problems

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People’s motives are seldom pure Removing emotions can, in its own way, be dehumanizing Actions done from emotion have no moral worth Universal laws have the same problems as absolutes; they lack context or cultural experience Duties may change and evolve Fails to recognize that not everyone is rational and therefore not everyone has free will

8 September 17

Theories of Justice Principlism *Tom Beauchamp, PhD *James F. Childress, PhD ● ●

Four principles can be used to solve ethical problems: We feel like we are doing the right thing as long as we adhere to the principles:

1. Autonomy: free-will or agency ● Any notion of moral decision-making assumes that rational agents  are involved in making informed and voluntary decisions ○ Most individuals are assumed to be rational agents ○ Informed Consent 2. Beneficence: to go good ● Duty to be of benefit to the individual ○ Also to take positive steps to prevent and to remove harm from the individual ● It is sometimes held that nonmaleficence is a constant duty , one ought never to harm another individual ● Beneficence is a limited duty 3. Nonmaleficence: not to harm ● We are required to not intentionally inflict needless harm or injury to a patient/client ○ Either through acts of commission  or omission ● Negligence: Imposition of careless or unreasonable risk of harm upon another individual 4. Justice: equitable social distribution of benefits and burdens; form of fairness ● Social justice is the view that everyone deserves equal economic, political, and social rights and opportunities *Pros: common practical approach; seen as ‘universal’ *Cons: can be vague and lofty; difficult to address conflicting principles

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Theories of Justice: Prima Facie Ethics pri·ma fa·ci·e [pryma-fay-shuh ] William D. Ross (1877-1971) ● Attended Oxford and taught there for nearly 50 years ● Made significant contributions to translation/interpretation of Aristotle's works and moral philosophy Definitions 1. At first appearance; at first view, before investigations 2. Plan or clear; self-evident; obvious Prima Facie Duty ● A duty that is binding unless it is overridden or trumped by another duty or duties ● These duties are actually guidelines- not strict rules without exceptions, and are based on moral intuitions 1. Fidelity ● Duties to keep one’s promises and contracts and not to engage in deception 2. Reparation ● Duty to make up for the injuries one has done to others ○ Ex: 8th step of AA 12 step program 3. Gratitude ● Duty to be grateful for benefactions done to oneself and if possible to show it by benefactions in return 4. Non-injury/non-maleficence ● Duty not to harm physically or psychologically 5. Harm-prevention ● Duty of a person to prevent harm to others from causes other than ourselves 6. Beneficence ● The duty to do good to others 7. Self-improvement

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Duty to act so as to promote one’s own good A continuous duty

8. Justice ● The duty of justice requires that one acts in such a way that one distributes benefits and burdens fairly 9. Respect for freedom ● We should avoid coercion of others and, insofar as we are able, proovide conditions of empowerment 10. Care ●

A duty reflecting concrete relationships such as occur within families or between close friends

11. Non-parasitism ● This is the principle of “not being a free rider”

11 September 19

Theories of Justice (cont.): Virtue Ethics (by Aristotle) “We are what we repeatedly do. Excellence, then, is not an act, but a habit” -Aristotle “Act nice, think nice, be nice - and you are nice.” - Dr. Biermann’s father What is a virtue? ● Positive character trait ●

Places emphasis on the whole person -not just actions

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Not a guide to moral decision making; rather more of a description of a moral life

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Attitudes, dispositions or character traits that enable use to act in ways that develop our potentials

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Habits developed via practice ○

Virtuous person = ethical person

We are judged by our character ● Someone with good character traits (virtues_ is a morally good person ●

Someone with bad character traits (vices) is morally bad person

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Most of us are a mixture of both

The Golden Mean ● Virtue is not the opposite of vice ●

Virtue is the mean (or middle) of two extremes ○

Courage is a virtue ■

Too little courage and you are a coward

■

Too much courage and you are foolhardy

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Finding the middle way is the key to having a moral life

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Aristotle referred to finding the middle way as the Golden Mean

How we become virtuous ● We become virtuous by doing virtuous acts

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We become patient by doing patient things

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We become brave through acts of bravery

It is a process, but practice makes perfect

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Aristotle believed rational thought and intellectual virtue were the most important outcomes

Justice ●

Aristotle defined ‘justice’ in two parts: 1. General justice = universal justice that exists when people deal with others fairly and do not lie or cheat 2. Particular justice = when punishment is given for a particular crime or act of injustice

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Aristotle says san educated judge is need to apply just decisions regarding any particular case

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This is where we get the concepts of: ○

The scales of justice

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The blindfolded judge symbolizing blind justice, balancing the scales, and weighing all the evidence in order to deliberate each particular case individually (on its own merits)

The Good, the Bad and the Ugly of Aristotle’s virtue ethics The Good ●

Emphasis is on pleasure and emotions, and we enjoy acting virtuoualy

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Moral living requires moral education and is a process

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Considers all of life not just a single action ○

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“One swallow does not make a spring”

Distinguishes good peope from law-abiders: just because someone follows the rules and obeys the law does not make her a good person

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Stresses character as being more important- you jelp in order to be a good person, not just out of duty

The Bad ●

Offers no solution to moral dilemmas

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Not everyone has an equal opportunity to develop morally

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………………………...

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Rawls’ Theory of Justice John Rawls (1921-2002) ● Born and raised in Baltimore, MD ● Studied at Princeton and Oxford ● Considered becoming a priest ○ Lost his faith during WWII when he saw unpredictable death and learned about the holocaust ○ Vietnam war compelled him to analyze defects in the political system ● Taught at Harvard for 30+ years ● Considered to be the most important political philosopher of the 20th century Key assumptions of Rawls’ Theory of Justice ● Justice = fairness ○ Fairness helps us develop principles of justice to govern a modern society (fairness should be central to politics) ● Assumes that all people in a society are free and equal ● Explains the significance of: ○ political and personal liberties (freedoms) ○ Equal opportunity ○ Cooperative arrangements that benefit both the more advantaged and less advantaged members of society ●

“Fully cooperating members of soceity” are in possession of the Two Moral Powers and are therefore seen to be free and equal to one another: ○ A conception of the good life (freedom) ○ Justice (equality)

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The Original Position results from absolute freedom and autonomy: ○ A fair and impartial point of view that is to be adopted in our reasoning about fundamental principles of justice ○ We are to imagine ourselves in the position of free and equal persons who jointly agree upon and commit themselves to principles of social and political justice.

Rawls’ natural duties ● Natural duties apply to everyone ● Natural duties are principles that those who are in the Original Position would have chosen to govern individuals in a real society ● Natural duties do not directly govern the basic social, political and economic forces in society ● Natural duties do directly govern individual conduct

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Duty to not be cruel Duty not to injure Duty not to harm the innocent Duty to help one another Duty of justice Duty of mutual respect

*natural duties = requirements **requirements = moral rules that govern the conduct of all individuals The veil of ignorance ● Principles of justice are the outcomes of a special kind of hypothetical agreement ● They are principles we would agree to if we were choosing rules for our society behind *The Veil of Ignorance: ● No one knows her/his/their own age, sex, race, strength, social position, family wealth, religion, life goals, or any other personal characteristics ● Behind the V  eil of Ignorance it is impossible for anyone to propose social rules designed to benefit themselves more than other people ○ Princples agreed upon behind the Veil of Ignorance would be fair and just ●

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We are: ○ Risk-adverse ○ Self-interested Behind the V  eil of Ignorance we will make decisions that could benefit ourselves as much as they benefit others ○ Because we do not know who we are, what we think or what we believe.

The Difference Principle - Rawls’ Theory of Justice ● The distribution of wealth, income, and opportunities should not be based on factors for which people can claim no credit. ●

These factors are arbitrary/accidents of birth ○ Gender ○ Birth order ○ Intellectual capacity ○ Family wealth

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In a meritocracy everyone starts out the same ○ Opportunities and advantages -> based on abilities people demonstrate ■ Then, those who demonstrate ability and talent become the elites

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We must permit and encourage those who are gifted ( elites) to use their talents. However, we must change the terms on which people are entitled to exercise those talents People are allowed to benefit from their good fortune, but only when it also works to the advantage of the least well-off. ○ People with talents valued in our society -> ○ Encouraged to make their millions -> ○ High taxes on that income -> ○ Tax $$ help those who do not have talents

*Is this fair? Objections to the difference principle

16 THE VEIL OF IGNORANCE VS. THE VEIL OF OPULENCE ● It ...