ETHC 445 Week 4 Discussion

ETHC 445 Week 4 Discussion | Devry University

Week 4: Deontological Ethics

Read problem 22 at the end of Chapter 9 of your e- textbook, p 121.   This is about Portia the legal secretary. Approach this as an ethical issue not legal one.

FIRST LEAD DISCUSSION QUESTION:  Applying the Deontological ethical approach, what is the right course of action for this legal secretary?   Should she mention what she has learned to anyone, or keep quiet?   BE SURE TO APPLY THE TWO MAJOR MAXIMS/FORMULATIONS.

FIRST LEAD DISCUSSION QUESTION LEARNING POINTS

Deontology is an ethical theory that focuses on the act itself as right or wrong regardless of the consequences or reasons.  Deontology is also referred to as “duty” ethics, that one is required to act in a certain way if as discussed following, the formulations/maxims - ie principles or rules ) are met, regardless of consequences, feelings, intuition, or conscience.

We focus on two of the  “formulations” or “maxims” Immanuel Kant uses when we apply this theory.  First can the act be “universalized,” meaning it is right in any situation, regardless of the reason, for everyone, at all times, no exceptions, not even for yourself.  So to lie on a loan application, is this ever right? Would you accept someone lied to you in borrowing money?

The second formulation states that the act cannot be used to treat one only as a “means” to an end but also as an end in him/herself.  So even if you are to lie to get food to feed starving children, you are using the person to whom you are lying as a way to get money.  Asking truthfully is not using since it allows the other to make a fully informed decision.     A useful summary of the main principle of this theory is to “treat others as you would want to be treated.”  

Portia is faced with disclosing a confidence for which confidentiality is relied on, is part of her job, part of the judicial system.  Here she has a duty to the client, employer, and judicial system, duties she voluntarily and knowingly assumed when she took the job.  

Further, her reason, the safety of society, though compelling, does not universalize the act.  Should one disclose confidences?  Would you want one to disclose a confidence you gave?

Also, Portia would be using the client as a means to an end, to satisfy her concerns, not the client who is not benefitted, nor the employer who is not benefitted, nor arguably society that places this duty on the legal system.  Keeping the confidence however does treat the client as an end.  Keeping the confidence is consistent with the duty assumed to the client, employer and judicial system to keep a client’s confidence.

One may argue she has a duty to society, to safeguard it.  Does this however “universalize” any and all acts furthering this duty?  Focus on the act itself.  Remember consequences do not justify the act under Deontology. So while disclosing the confidence may make society safer, if you were the one affected by the disclosure, would you accept it?  Universalize means no exceptions! And would you not be a means to an end.  Safeguarding society is the ends and you are being used as the means toward that end without your informed consent or any benefit to you.  In fact here the ends are pursued without your knowledge until after the disclosure is made. 

SECOND LEAD DISCUSSION QUESTION:

What criticism(s) do you have regarding Deontological ethics? Explain why. You may, but need not, use this scenario about Portia to illustrate your critique(s). Post in a threaded manner responding to a classmate’s post to this question.