An analysis and discussion of the objections to consequentialism and whether they render the theory unsuitable as a guide to criminal justice practice.
Abstract The paper provides an overview of consequentialism and outlines the central objections to this philosophical and theoretical stance in the context of criminal justice practice. The paper analyzes the extent to which this moral philosophical perspective is relevant to modern criminal jurisprudence. The paper presents the position that while this theory is limited, it also serves some important legalistic purposes and therefore this theory should be integrated with other philosophical points of view.
Outline:
Introduction
Overview of the Philosophy of Consequentialism Objections to the Theory of Consequentialism Consequentialism and Criminal Justice
Conclusion
From the Paper "Substantive moral theories in modern philosophical discourse typically fall into the categories of consequentialist or deontological. Consequentialist theories, which derives from the ethos of utilitarianism, state that, "...agents must always act so as to produce the best available outcomes overall" (Scheffler S. review). In contrast to this position, deontological moral theories stress that the best overall outcomes are not of primacy significance. In the context of modern philosophical and moral theory, it is generally acknowledged that the consequentialist view is inadequate in terms of a comprehensive and inclusive moral theory."
Abstract This paper examines how John Mill's utilitarianism is based on the greatest happiness principle - that an action is right (and indeed morally right) in so far as it promotes happiness and wrong in so far as it promotes unhappiness. It looks at how Mill believes that there are different degrees of rightness and wrongness, depending on the amount of happiness or unhappiness generated. It also explores how consequentialism is the view that the value of an action derives entirely from the value of its consequences and that its value cannot be intrinsic or be altered by the kind of character whose action it is. It evaluates whether it follows that Mill's Utilitarianism then must be seen as a form of consequentialism.
From the Paper "The question of equality is also important. Given the choice between making one person extremely happy and another nine people neither happy nor unhappy or making each of the ten people moderately happy, which is better? According to the utilitarian principle, the better action would be the one that maximises overall happiness, assuming that the application of fairness will have no other effects on utility in general. If the two situations produce the same overall happiness however, utilitarianism does not distinguish between which is better of the two. One can argue that this decision will not have to be made that often, as the diminishing law of returns will mean that reducing the happiness of one such person by a small amount will allow one to increase the happiness of the others by a proportionally greater amount, however the situation may still arise in certain discrete circumstances and unless guided by other notions of morality, the utilitarian will not be placed to make such a judgement."
Abstract Consequentialist ethical theories maintain that right and wrong depend only on the consequences; while non-consequential theories claim that right and wrong do not depend entirely on consequences. Following the generally admitted differentiation between the two theories, philosophers draw the conclusion that a successful defense of the non-consequentialist ethical theory elies greatly on the existence and proper justification of the "constraints" that appear in such cases. This paper begins by defining non-consequentialist constraints and follows through by justifying their necessary presence. In the second part of the essay, the paper compares some of the defenses we were described and draws relevant conclusions.
From the Paper "Kant's theory relies exactly on the existence of a set of mutually accepted and recognized moral norms, ethical criteria which help a person make the right decision at the right time. Kant's entire ethical theory relies on the existence of deontological constraints. These universal laws, as Kant sees them, allow us to function correctly in a society."
Abstract This essay discusses the ongoing debate in professional and philosophical circles concerning codes of ethics. Both philosophers and professionals are interested in whether it is possible to develop a professional code of ethics that will actually be functional within a professional environment. The paper discusses how consequentialism is one of the ways in which professionals have tried to make a functional professional code of ethics is to find an ethical system that will work with their profession.
Abstract This paper looks at utilitarianism or the principle of utility whose basis is the idea that pleasure and happiness are intrinsically valuable, that pain and suffering are intrinsically invaluable and that anything else has value only in its causing happiness or preventing suffering.
Outline
Introduction: What is Utility?
The Moral Theory of Consequentialism Consequentialism and Utilitarianism
"Right" and "Wrong"
Utilitarianism and Equality
Negative Utilitarianism
Criticism of Utilitarianism
Conclusions
From the Paper "Consequentialists typically take one of three views about what is intrinsically good. Hedonistic consequentialists hold that the only thing that is intrinsically good is pleasure. Eudaimonistic consequentialists hold that the only thing that is intrinsically good is happiness, which on some views is a broader notion than pleasure. Third, preferential consequentialists hold that what is intrinsically good is desire satisfaction, or the satisfaction of preferences. If all one ever wanted was pleasure or happiness, this would reduce to one of the other views, but in fact most seem to have desires for things other than their own pleasure or happiness, for example the wellbeing of those close to them (Sidgwick, 1998, 34)."
Abstract This paper deals with four theoretical ethical frameworks that are discussed as well as an argument involving the best choice of theory, normative ethics or legislature that would allow for the best ethical conduct by journalists. The second part of the paper focuses on the role of codes of conduct for journalists and the influence these codes have on the journalism profession.
Outline
Introduction
Concepts and Considerations
Theory
Ethics
Codes of Conduct
Ethical Theories
Christian Ethics
The Golden Rule
Consequentialism Utilitarianism
Ethical Realism
Ethical Theories in Journalism
Case Study
Christian Ethics
Consequentialism Utilitarianism
Ethical Realism
Codes of Conduct
South African Codes of Conduct
Broadcasting Codes
Press Code of Professional Practice
Adherence
Conclusion
Sources Consulted
From the Paper "The international spread of Christianity can be seen as a revolution in ethics, as it introduced a religious idea of good into Western thought. In the Christian view all people are dependent on God and they cannot achieve true goodness by any other means other then with the help of God's grace (Oosthuizen, 2002). The ultimate example for Christian ethics is Christ. His obedience to the Father's will is seen as the starting point for all ethical development (Pope John Paul II, Veritatis Splendor). Jesus Christ is the absolute, unqualified norm of all ethical actions, meaning that he is the unique archetype of divine love and the response to it."
Abstract This paper reviews the moral theories of human behavior: Consequentialism, deontology and functionalism. The author contends that all three contribute greatly to an understanding of human behavior, but fall short of providing all of the answers.
From the Paper "The moral decision-making process is among the most elusive aspects of human behavior to understand. Attempts to summarize the process into a formal theory usually explain some or even many but never all of the bizarre ..."
Abstract This paper addresses the concern most often vocalized about euthanasia, namely, whether it is a form of murder or mercy. The author of the paper puts forth arguments that euthanasia should be legalized and applies the ethical theories of consequentialism and non-consequentialism to help assess and evaluate whether or not euthanasia should be legalized and, ultimately, to support the author's point of view. The paper also provides suggestions for legal protections and policies that should be put in place if euthanasia is legalized.
From the Paper "Most of the issues in the legalization of Physician Assisted Suicide (PAS), or better known as Euthanasia, rest under contentious questions of ethics and morality. The process of euthanasia, in which death of a terminally ill patient is hastened by some means to end sufferings from a terminal disease, presents a question between two situations wherein concerns of ethics and morality are debated as to where it properly lies ? When is it morally correct, to hasten the death of a dying patient from a terminal disease to end his sufferings, or to let him suffer from pain and let the course of his disease's nature take place? This question has been one of the moral issues concerning the legalization of euthanasia. In simple and legal terms, it is associated to the debatable question "Is euthanasia a form of murder"?"
Abstract This essay begins with a definition of Green marketing and then talks about why companies should adopt a green marketing program. The paper then approaches the topic og Green marketing through the main philosophical theories- relativism, consequentialism, utilitarianism and Kantianism.
Abstract An examination of John Mill and Immanuel Kant's theories on ethics. The author examines Mill's view of hedonistic ethics and Kant's view of reason and intentions. The author explains and compares these two point of views.
From the Paper "Ethics, being as broad and opinion-based as it is, can be a difficult issue not only to define, but also to explain clearly to others. In the 18 and 19 hundreds two outgoing philosophers set forth to provide moral theories formed with concrete information, to add to the foundation of ethics. These two men were John Mill and Immanuel Kant, and their views were known as Utilitarianism and Kantian theory respectively. Both avoid interlacing their own opinions, in hope of finding a greater genuineness to their conjectures. Mill offers us a hedonistic ethics, full of pleasure and ends, while Kant proposes ridged principles of reason and intentions. Due to the fact that the subject is so hard to understand, many times their work must be interpreted and simplified. This paper will attempt to do just that, clarify the conjectures of these two theorists."
Abstract This paper looks at the famous philosopher, Friedrich Nietzsche's (1844-1900) whose contributions to 20th Century thought are numerous and consequential. His thoughts helped shape existentialism, but can also be felt in many other facets of 20th Century thought. His views on the nature of God can be contrasted with Aristotle's view of God as the prime mover.
From the Paper "Friedrich Nietzsche has historically been one of the Western worlds most misunderstood philosophers. Doubts regarding his mental health, the (supposed) irrationality of his work and the association of his writings with the Nazi era have plagued his reputation. It has only been during the latter part of the 20th Century that Nietzsche's work has been allowed to stand on its own merit (Hollingdale 3)."
Abstract In this paper the author discusses "Utilitarianism: For and Against", a book by the philosopher Bernard Williams. The author attempts to delve into the mind of Jim, and ultimately see how the story might end. In so doing he considers Jim's mindset as a pacifist and how he rationalizes thoughts and deals with issues of ethics. The author then looks at the theories of Kant in order to assess whether Jim's decision making would have been different if he had adopted Kant's theories regarding free will.
From the paper:
?There is little time for Jim to make his decision: He is in the unique position to decide the fate of twenty individuals. In a mind characterized by introspection and reflection many thoughts race by: He knows what he must do, but the distaste of the act of sacrificing one for the lives of the other nineteen is most distasteful to him. He tries to reduce the horrific act in front of him by rationalizing that he does not know any of these poor souls; that it is not as if the life of someone close to him were at stake.?
Tags: philosopher, philosophy, bernard, williams, utilitarianism:, for, and, against, jim, indians, inhabitants, protest, government, pedro, vietnam, war, mental, struggle, turmoil, pacifist, pacifism, altruism, kantian, consequentialism, kant, psychologism, determinism, responsibility, g
Abstract This paper examines two of the historically most consequential revolutions of modern times: The American Revolution and the French Revolution. The paper discusses how the revolutions are linked in terms of their chronological proximity to each other as well as by the fact that some of the same people were involved in both revolutions. Four particular aspects of each of the revolutions are presented and studied in comparison with the other revolution. These are: 1) The intellectual origins of these revolutions; 2) The range of socio-economic, and politico-religious factors that fed into the revolutionary attitudes of the peoples; 3) The institutional transformations that occurred as a result of each of these revolutions; 4) An assessment of the historical importance and historical consequences of each of the revolutions.
From the Paper "The intellectual origins of both of these revolutions are strikingly similar. The majority of intellectual antecedents were contemporary, or nearly contemporary, to the revolutions themselves but some were already hundreds of years old. When we read documents like the Declaration of Independence we find ourselves in awe of both the personal courage and the intellectual acumen of the men who wrote such words. But while they were certainly both brave and wise they did not in fact have to create the justifications for revolution that they depended upon out of whole cloth."
Tags: history, society, europe, enlightenment, colonies, quakers, locke, civil, war
Abstract Examines changes in the definition of the principle of utility. Compares Jeremy Bentham's theory of utility to modern versions. Discusses increase in happiness element, right action, intrinsic & extrinsic (instrumental) value, Consequentialism & Utilitarianism. Concepts of "right" and "wrong;" Equality & Utilitarianism. " Cites a number of criticisms of the theory of Utilitarianism.
From the Paper "Utilitarianism
Introduction: What is Utility?
The definition of the core of the theory -- the principle of utility -- has changed over the years, such that the modern version has a number of significant differences from that given by Jeremy Bentham:
By the principle of utility is meant that principle which approves or disapproves of every action whatsoever, according to the tendency it appears to have to augment or diminish the happiness of the party whose interest is in question: or, what is the same thing in other words, to promote or to oppose that happiness (Bentham, 2000, p.11).
The modern definition is effectively this:
An action is right if it produces as much or more of an ..."
Abstract The division of Renaissance art into three distinct periods began with Giorgio Vasari, the great Florentine art historian and chronicler of the lives of the artists. Vasari concluded, based on his universally accepted perception of Michelangelo as ?Il Divino,? that Renaissance art reached its most sublime expression in the works of Michelangelo and Leonardo da Vinci. However, some modern art historians wonder how valid or valuable this categorization and consequential value judgment is. Roberta J. M. Olson challenges the very existence of a ?High Renaissance,? on the grounds that ?the term is artificial, a qualitative judgment of "High" signifying the best,? The paper shows that there are surely noticeable differences in the vivid expressions of Italian Renaissance art from the fifteenth to the sixteenth centuries. Art from the early period of the Renaissance sprouted from the preceding medieval and Gothic artistic traditions, with their emphasis on dramatic facial expressions and compositions. This is especially evident in the sculptural arts, those three-dimensional figures that rendered the human form with increasing idealism. The paper shows that this trend toward idealistic renditions of the human face and figure directly derived from a revived interest in the Classical arts of ancient Greece and Rome. In fact, Renaissance art in general is defined by its classical motifs, materials, and mannerisms. Donatello signified this coming together of two artistic and philosophical traditions in the early periods of the Renaissance in Florence. A century later, Michelangelo Buonarotti built upon Donatello's earlier contributions to Italian art and sculpture in particular. The paper explains that although the works of Michelangelo defy categorization, his is generally considered to be ?instrumental in creating the High Renaissance,? and is heralded as that period's hallmark of all the works available for research by art historians, the two that most epitomize their periods and styles and which are most easily comparable because of their similar subject matter are Donatello's and Michelangelo's statues of David. This paper therefore examines and discusses these two pieces and show how they characterize the time periods they represent.
From the Paper "Moreover, Donatello's David signifies the budding Renaissance style because it incorporates distinctive classical elements. These elements would later mature in the corresponding David by Michelangelo. Nevertheless, while Donatello preserved Biblical accuracy in his rendition of David slaying Goliath, he also paid tribute to the sculpture of ancient Greece and Rome. His David, in fact, is almost Mercurial with its pagan-influenced hat and its adorning wreath. Here, Christianity and paganism coexist in one statue. Michelangelo's later version had none of this; in fact, Michelangelo did away with the image of Goliath altogether to focus solely on the stature of the hero"as if he perceived David as more of an ancient athlete than a Christian warrior. Similarly, Michelangelo underemphasized the actual struggle between David and Goliath: instead of a sword placed valiantly in the foreground as it is in Donatello"s, Michelangelo's David sports a barely noticeable sling."
