Ethical Theories and their Applications - Case Study Example

Ethical Theories and Their Applications Name: Grade Course: Tutor’s Name: 22nd September, 2010. Table of Contents Introduction ………………………………………………………………………..3 Kantianism …………………………………………………………………………4 Utilitarianism ……………………………………………………………………….5 Social Contract Theory………………………………………………………………5 Conclusion ……………………………………………………………………………6 References ……………………………………………………………………………8 Introduction Ben is a California resident with a very close friend Jorim also in California. He is an upcoming artist but does not like one thing in the music industry. Copying of copyrighted music and selling them illegally by those who do not own the music. Ben knows this is harmful to the producers and to the musician. Because of this, he thinks of an idea to help the music industry. He believes if he helps them, when the right time comes for him to produce his own music, he will not have to suffer because of piracy. Ben goes ahead with his plan and searches over the internet for sites that offer guidance on how to halt piracy. He finds out one site that says “If you know of anyone involved in the business, please report here. You do not have to give your name or any details, your privacy will be respected”. Ben thinks this is a good idea and begins investigating those making, selling and distributing music CDs. In his investigative work, he finds out that his friend Jorim, makes and sells the music CDs as well. Jorim has no source of income except his illegal selling of those CDs and he has a family of three to support. Ben is torn between letting Jorim continue operating and report others, not to report at all or just to report the matter since nobody will know if it is him who reported. He has not decided yet, Could you help Ben make a decision? This papers is about providing a solution to Ben’s case using three ethical theories which are; Kantianism, Utilitarianism and social contract theory. Kantianism Kantianism is all about doing the right thing for the sake of it is the right thing. In this theory, an individual determines what is right and what is wrong then decides based on this (Quinn, 2008). According to Harbour, Kantianists know that doing the right thing is moral and that morality is not to make someone happy (1995). Kantianists act out of good will and good will is only considered good will if an individual’s action is morally worthy. Not anything is considered moral instead Kantianists’ morality is determined by the categorical imperative. The action of an individual is considered moral if it is imperative in that, when making a decision, his/her actions have to be guided by the fundamental principle that commands him or her to exercise his or her will in a particular way. The fundamental principle of performing moral duties is categorical because it applies to individuals unconditionally with no reference to any available or not ends. It is categorical because people posses rational will (Stamford Encyclopedia of Philosophy, 2008). The individual determines his/her own behavior and does not depend on another person dictating how he/she should behave. Kantianism does not consider the consequences of one’s actions but one’s intentions (Quinn, 2008). If Ben can make a decision using this theory, he will not have to consider the consequences. Assuming Ben does not know about this theory and acts. Based on the underlying message of Kantianism, Ben would want to do the right thing for the right reason. He would act out of good will. The right reason in this case could be to help halt the illegal sale, making and distribution of copied music CDs or to let his friend continue supporting the family. What comes to his mind unconditionally as moral would be what would guide his action towards his situation. He could have other decisions which are not known since what he thinks as right is not known. Kantianists internally determine what is wrong or right. If Ben were a Kantianist and thinks reporting law violators is right, he would not think of what his action would do to his friend. In this case, he believes his intention is good, which is to stop piracy while on the other hand, his friend may go to jail leaving the family with no financial support. For Ben to act morally in this case, his actions will have to be guided by his rational will that commands him to act in a specific manner and which is not influenced by any self interest or others (Stamford Encyclopedia of Philosophy, 2008). Utilitarianism Theory This theory requires ethical decisions made considering the consequences of an individual’s act. The question that an individual may ask himself or herself would be what to do in a specific situation. The answer has to be that which will produce the best consequences possible. Utilitarianism theory requires analysis of the consequences of an action after or during the process of action to find out what positive impact or what benefits the action will bring and what negative impacts or disadvantages the action would bring. The impacts of the alternative actions are also compared to the consequences of acting in a way that an individual would decide to. One which produces the best consequences is selected (Mill, 1867 & Quinn, 2008). In the Ben’s case, he can decide to report all violators of the law to the authorities, he can decide to report others and leave his friend out of it or he can decide not to report at all. Again, there may be other alternatives but for the purpose of discussion, only these three will be used. If Ben reports every person that he found making, selling or distributing music CDs without the legal permission to do so, there may be consequences such as all are jailed or charged for their wrong doing, his friend affect too and the music industry benefits. These consequences can be weighed against the consequences of not acting at all or reporting others and leaving his friend and the best decision made. What is morally right is dependent on the intrinsic value that Ben places on the consequences of each action. Social Contract Theory This theory explains that there is a contract between the people and the society, that the people form a nation and maintain social order through this contract. The contract requires the people of a nation to give up some of their rights for the sake of social order which is achieved through the built nation; a nation that provides protection (Quinn, 2008). One example of such given rights is the freedom of movement. According to the philosophers of this theory, man was said to have lived in a ‘state of nature’, a state in which there was no government, no society and no organized coercion (Jos, 2006 & Quinn, 2008). People could then just move to wherever they wanted, but because of the consequences of such actions; organization of a society, a nation or a government was found important. In the world today there is freedom of movement but man is under contract that he/she has to move to a specific region only when permitted to. People have to move from may be one country to another with passports, to show their identity and they have to make clear their intent of visit in a specific country to ensure the safety of the people of that country among so many other reasons (Jos, 2006). Because of such a contract, people are forced to act according to the law for the sake of order in the society. People have formed nations and organizations with laws to guide them, provide protection and promote morality. So, for the sake of order and morality in the music industry, laws are formulated to guide people to do the right thing. One of such law is that against piracy. Based on this theory, Ben should report the law violators to the authorities in order to maintain order in the society thus acting morally. He will be forced to act according to the developed laws (considered moral). Morality in this case is what the society views or considers right. Society morality according to the theory is guided by the laws formulated also guided by people’s actions. The contract is only legitimate if it satisfies the general interest. The general interest of the society is to avoid piracy which is like stealing what someone has worked hard for. To avoid that, laws are formed to reduce stealing, hence the law against piracy. By acting according to the law, Ben would be guided by the thought that what is moral is what maintains societal order. Conclusion Ethical theories for sure reflect people’s actions in the society. In the above case, if Ben reports the matter to the authorities, he would have acted according to the social contract theory, according to Kantainism theory and also according to utilitarianism theory. The difference lies in what one considers moral. As described above, Kantianists consider what is right according to them as moral; utilitarians consider that action with the best consequences as moral while social contract is all about abiding by the law considered moral. References Doraemon, 2005, Kantianism and Utilitarianism III, Viewed on 20th September, 2010: < http://www.echeat.com/essay.php?t=26116> Harbour, F. V., 1995, Basic Moral Values: A Shared Core, Ethics & International Affairs, 9 (1), Pp. 155–170. Jos, P. H., 2006, Social Contract Theory Implications for Professional Ethics, The American Review of Public Administration, 36 (2), Pp. 139-155. Mill, J. S., 1867, Utilitarianism, 3rd Ed., Longmans, Green, Reader, and Dyer. Quinn, M, 2008, Ethics for the Information Age, 3rd Ed., Upper Saddle River, Pearson Education. Stamford Encyclopedia of Philosophy. (2008). Kant's Moral Philosophy. Viewed on 16th September 2010: http://plato.stanford.edu/entries/kant-moral/#CatHypImp Read More