David Underhill – 18 to 22 Oct 04 (Week 9)
– P.209-231 (EMP), 7-12, 57-58 (CSME)
Monday 18 OCT 04 Readings:
Natural
Law (209)
- Natural Law – there are
straightforward moral truths which can be discerned without an affiliation
with a faith
- Thread of Reason (the
“Logos”) – holds Law together
- True law is right
reason in agreement with nature – eternal and unchangeable for all
- Inspired part of the US’ founding documents
Summa Theologica (Aquinas) (213)
- Natural law is
imprinted in all, regardless of beliefs (is eternal)
- Human (temporal) law –
dictate of practical reason
- Divine Law needed
- 1) Since men can have eternal
happiness, he must have direction from God to get there
- 2) Human judgment is
uncertain and inconsistent
- 3) Man cannot make
laws which judge internal feelings
- 4) Human law cannot
punish all evil deeds
- All acts of virtue are
prescribed by natural law
- General principles of
natural law are the same in all men
The Ethics of Natural Law (Harris) (217)
- Natural law is not a
“hard-and-fast” guideline
- Basic outline is clear,
but the closer to moral judgments you come the more prone to error you are
- There is an objective
truth, but we’re still working towards it
- Human Nature
- Useful to describe
nature in terms of function
- Easy to define a
certain social role, but extremely hard to generalize it to all humans
- Can also discern
behavior (i.e. inclinations) … Two kinds:
- Biological Values
(shared with animals) – life and procreation
- Characteristically
Human Values – knowledge, security
- Moral Absolutism and
the Qualifying Principle
- Moral Absolutism – one
of the most significant aspects of natural law
- Ethical standards
exist independent of situations and consequences
- Cannot trade off or
compare à cannot violate for
any reason
- Moral judgments must
evaluate intent
- Qualifying Principles
- Principle of
Forfeiture – person who threatens innocent people forfeits their own life
- Principle of Double
Effect – one may perform an action that has a good and bad effect if:
- 1) The act, independent
of the outcome, is good
- 2) The outcome is
good and bad, and the good cannot be achieved without the bad
- 3) The bad is not
producing the good; the bad is only a side effect
- 4) Proportional /
equal – the bad does not outweigh the good
- Note: though it
brings about an evil, the act is not evil
Wednesday 20 OCT 04 Readings:
Natural Law and the
Principle of Double Effect: Six Hypothetical Cases (Lucas) (225)
- Background
- Moral analysis typically
takes place in “thought experiments”
- Drawbacks: thought
experiments can propose examples that are exaggerated, strange, and
bizarre
- Readers should not be
discouraged by this drawback
- See it as an attempt
to isolate a range of relevant parameters to a specific question can be focused
on
- A classical example of
this method in action
- Gyges finds a ring to
make him invisible
- Glaucon describes the
myth
- Argues justice is an
implicit agreement to limit the sphere of actions we can take
- We do whatever we
could get away with
- We don’t do things
because we are afraid what would happen if everyone else did the same
thing
- Believes justice is
an outward social convention and that if there were two invisible rings,
one belonging to a moral character an another to an immoral character,
then no distinction between their behaviors could be made (both would
“abuse” the power)
- Natural Law and the
“Light of Reason”
- Reason can,
independently of religion, evaluate the nature of right and wrong
- Each case below is
designed to utilitarianism alone is not enough to make a decision
- Case I
– a trolley is coming down the tracks; if it continues, it will kill five
construction workers. If you throw
a switch, it will go down a different track but will kill a single
pedestrian…
- Case II – trolley is
going down the tracks and will kill five people unless it is stopped; you
can push an overweight man off the bridge (killing him) and stop the
trolley …
- Case III – One man is
recovering from a stomach ailment.
Five others are going to die unless they get organ
transplants. The one man, if killed
and his organs harvested, can provide the organs
the five need in order to live.
- Case IV – there is a enough medicine to heal five patients with minor (but
fatal) disease or one patient with a serious illness; there are six
patients (five minor infections, one major infection). Does the doctor save the five or the
one?
- Real-life case: In
WWII, penicillin was in short demand.
Five soldiers came back from liberty with socially-communicable
diseases. The disease is
potentially fatal if untreated, but a little penicillin will save them
and return them to the front. Another
soldier has been severely wounded by shrapnel at the front and needs all
the penicillin to live. If he
lives, he will be sent home. Who
does the doctor give the medicine to – the five or the one?
- Case V – There is one
swimmer swimming in one part of the water and five swimming together in
another part. A shark is in the
area and is coming to eat all six.
You are in a rowboat and can get to and save either the single swimmer
or the group of five swimmers.
Which group do you save?
- Case VI – There are
five swimmers in the water and a shark is going right to them. You have a large, tasty person in your
rowboat and you will not be able to save any of the five swimmers unless
you throw the person in the boat overboard (he will be killed and eaten,
distracting the shark and giving you time to get the five swimmers out of
the water). What do you do?
Friday 22 OCT 04 Readings:
Incident at Shkin (Schoultz) (7)
- I: Predator observed
suspicious activity at Shkin (Al-Qaeda, Taliban)
- II: US Spec Forces observe a
vehicle exit the compound, flash its lights, and return with twelve
vehicles
- Report this
observation to their command
- III: B1 Bomber sent to
destroy the town
- Spec Forces CDR thinks
this is rash and calls CENTCOM who cancels it
- CENTCOM instructs Spec
Forces to search the town
- SpecF CDR delays entry
into the town for 24 hours to get another team on site and give them some
time to prepare
- IV: Spec Forces assault
the town, secure it, and destroy huge numbers of enemy weapons
- Seven POWs taken for
questioning (identified by the FBI)
- V: The original Spec
Forces team remains behind a maintains an observation point close to the
town
- Farmers see them,
approach, and offer food and housing in return for a promise for the men
not to bomb their town
- VI: US forces are extracted;
mission very successful (no key leaders killed, but key intelligence was
obtained)
Terror and Retaliation – Who
is Right? (Rubel) (57)
- Palestinian man grows
up very sheltered
- Taught that the Jews
are evil and killing them while sacrificing himself while ensure a place
in heaven for him
- He blows himself up in
a café, killing fourteen men, six women, and four children
- An Israeli gunship
blows up a building with a bomb-maker inside
- The terrorist is
killed, but so are fourteen men, six women, and four children (collateral
damage: they were having a picnic and the pilot did not see them)