Legal and Ethical Issues

in Media and
Communication
Lecture 2 (part 2B): Ethical Theories
Nneka Reid
Spring 2014

Ethics...
While knowledge of ethics may not guarantee

an ethical decision, it will ensure ethical

components are taken into consideration.
"We judge ourselves by what we feel

capable of doing, while others judge us by

what we have already done."
Henry Wadsworth Longfellow

Ethical Theories
Deontological (duty-based) theories
Teleological (consequence-based) theories
Virtue theories

Deontological (duty-based) theories

Prohibitions against certain kinds of

behaviour exist, despite any beneficial

consequences.

Therefore, Robin Hood would be viewed as a

villain and not a hero for his model of wealth
redistribution.

Deontological (duty-based) theories

These theorists do not approve of using

unscrupulous means to achieve positive

ends.

Kant: people should always be treated with

respect and as ends unto themselves, never
as means to an end.

Deontological approach
Problems with this approach:
Which human rights are deemed more important?

As society evolves over time, will norms of basic

human rights change?

Blindly following this approach could lead to

considerable harm.

Deontological Ethics
From deon (Greek for duty)

Rule determines the result

Rule is the basis of the act

Rule is good regardless of the act

Result always calculated within the rules

Teleological (consequence-based)
Theories
The ethically correct decisions are those

which produce the best consequences.

Consequentialists

Unlike deontologists do not ask whether a

particular practice/policy is always right or wrong

but whether it will lead to positive results.

Teleological approach
Referred to as "utilitarian
Positives of this approach:

Requires a consideration of all alternatives.

Requires practitioners to think about the

consequences of their

Problems with this approach:

Calculating the greatest good

What are virtues?

A virtue is a positive character trait
Modern-day virtue ethicist Alastair Macintyre

points out that different virtues have been

prized by different societies, and at different
points in history

Virtue Ethics is therefore a morally relativist,

non-cognitivist theory.

 Virtue is particularly important in

the writings of Aristotle.

A Different kind of theory

Not the same as Utilitarianism or Kantianism

Not so much a guide for moral decisionmaking, more a description of the moral life.
Utilitarianism and Kantianism ask How should
I act?

Virtue Theory asks How should I live my life?,

and What kind of person should I be?
It is interested in the whole person, not just their
actions

Aristotle and the Doctrine of the

Mean
Aristotle believed that the moral man was the

man of virtue.
He did not see virtue as the opposite of vice.

Virtue is the mean between two extremes a

middle way.

Virtues
Victorian Virtues

Temperance
Modesty
Obedience
Conformity
Virtues Today
Tolerance
Individuality
Generosity
Patience
Loyalty

Advantages of Virtue Ethics

Emphasis on pleasure and emotion

it is good that we should enjoy acting

virtuously

Advantages contd
Moral education

being moral is a developmental process

Consideration of life as a whole

One swallow does not make a spring

(Aristotle)

It understands the need to distinguish good

people from legalists

Just because one obeys the laws and follows

rules does not make one a good person)

Disadvantages
Offers no solution to specific moral dilemmas
Not everyone has the equal opportunity to

develop morally

do we judge them the same?

Many non-virtuous people live happy lives,

many virtuous people are miserable

Cultural relativism whose virtues are best?

Disadvantages (contd)
We recognise that some non-virtuous people

are useful in our society; life would be dull

without them
Virtue ethics seems to praise some virtues
that we might see as immoral

Soldiers fighting unjust wars may be

courageous but that does not make them
morally good

Disadvantages (contd)
Aristotles Golden mean does not easily to

apply to all virtues. Is it possible to take

compassion to an extreme, where it becomes
a vice? Even where there is a mean how do

we identify where it lies?

Aristotle gave no guidance for ethical

dilemmas.

Lets hear from you

Would you argue that the media is justified in

using teleological theories in making editorial

judgements?

Models of moral reasoning

NAVRAN MODEL
POTTER BOX
SAD MODEL

The Liverpool Murder Case

British law prohibits
reporting the names and
family histories of children
facing criminal charges
until their trials are
complete. Is the legal
standard the only possible
one we can use to evaluate
this case?
The above picture taken from a shopping
center security camera shows two-year-old
Jason Bugler being kidnapped from his
mother by two ten-year-olds who would
eventually brutally murder the child.

Is Britains domestic
standard compelling for
the international media?

Ethics and Values

Ethics - the discipline dealing with what is morally

right or wrong, good or bad.

Ethical system describes the critical process of
how we work through moral issues
Values - the accepted principles or standards of an
individual or a group
All decision-making involves values which reflect
our presuppositions about social life and human
nature!

Types of Values
Professional

Moral Values Aesthetic

Proximity
Firstness
Impact/magnitude
Conflict
Human Interest
Entertainment
Novelty
Toughness
Thoroughness

Truthtelling
Harmonious Consistent Thrift
Humanness
Competent Hard work
Pleasing
Justice/fairness Imaginative Knowledge- Energy
Freedom
able
Restraint
Independence
Heterosexuality
Stewardship
Honesty
Nonviolence
Commitment
Self-control

Independence
No prior restraint
Publics right to
know
Watchdog

Logical

Socio-cultural

Values Used by the British

Press
Legal value: Honor the

court restrictions against

reporting juvenile
names and family
background.
Principles Used by the
British Press
Other-regarding care:
The privacy of children
facing criminal charges
must be protected at all
costs.

Values Used by the

American Press
Professional value: Do

not suppress public

information.
Principles Used by the
American Press
Truth-telling: All people
have a right to know the
truth. The truth must be
proclaimed under all
conditions.

Resulting Action of the Resulting Action of the

British Press
American Press
Withhold information
about the defendants
including names and
personal histories

Print names of
defendants and
information on their
personal histories.

WE NEED A GUIDELINE OR MODEL FOR ETHICAL

DECISIONMAKING!!

THE POTTER BOX

Ralph Benajah Potter, Jr., who retired in

July 2003, began teaching at HDS in
1965. He is an ordained Presbyterian minister
and the author of the book War and Moral
Discourse and assorted scholarly articles. He
is a founding fellow of the Hastings Center for
Bioethics and is a member of the American
Academy of Religion, the Society for Values in
Higher Education, and, at Harvard, the Senior
Common Room of Lowell House. His 1997
HDS Convocation Address was titled
"Moralists, Maxims and Formation for
Ministry."

Dr. Ralph Benajah

Potter, Jr.
Professor of Social
Ethics Emeritus
BA, Occidental
College
BD, McCormick
Theological
Seminary
ThD, Harvard
University

Source:http://www.hds.harvard.edu/faculty/em/potter.html

Four Dimensions of Moral Analysis

Definition

Loyalties

Values

Principles

The Potter Box

Dr. Ralph Potter

1.

Definition

Loyalties

2.

3.

Values

Principles

4.

5.

6.

Definition: Define the situation as

objectively as possible.
State the different Values you see
involved in the situation and compare
the merits of differing values.
State Principles that each Value honors.
Do those Principles suggest any new
values?
Ask yourself If I base my actions in
this situation on this principle, to whom
am I loyal?
Select a course of action that embraces
the most compelling values, principles,
and loyalties.
Evaluate the impact of your decision

Potter Box Applied to the

Liverpool Murder Case
JUDGMENT

British Television: withhold broadcasting

SITUATION

U.S. Newspaper: publish names and

details

Two ten-year-olds go to trial for

kidnapping and brutally murdering
two-year-old Jason Bugler

LOYALTIES

British Television: to juvenile

defendants and their families
U.S. Newspaper: to general readership

VALUES

PRINCIPLE

British Television: honor the court

restrictions against reporting
juvenile names

British Television: otherregarding care

U.S. Newspaper: do not suppress

public information

U.S. Newspaper: truthtelling is

categorical imperative

Determining the Ethical Decision

Is there a universal ground for making ethical

decisions, an overarching theory from which we can

choose among competing alternatives?
Or is ethical decision making simply a process of
adjusting to the mores and commitments of a given
community?
The Potter Box accounts for both.
Without an appeal to an explicit ethical principle, a
conclusion is not considered morally justified.

Evaluation With the Potter Box Model

When competing values seem appropriate, resolution

usually occurs in step three (ethical principles).

When two different ethical theories are relevant, the
adequacy of the theories themselves must be evaluated
through metaphysics or theology.
Occasionally, the ethical choice is not apparent until
quadrant four, loyalties, as in the case of the Liverpool
murder.

Ethical Principles in Journalism

Truth

Truth dishonesty and lying in every/any form.

Fact, the reality told as it is

Avoidance of deception

The most ancient and revered ethical principle

of human civilisation.

Standards for ensuring truth:

Story which is reported must be accurate

Verify facts (solid evidence is base)
A truthful story should promote understanding
Provide a story which is essentially
complete
Relevant information
Fair and balanced story
Avoidance of discernible bias
Avoidance of deception to unravel a greater
truth

 Objectivity

Absence of subjectivity, bias or prejudice.

Some assert that this is impossible.

Ethical Principles in Journalism

Fairness

Presupposes that all parties to a story/event

are given equal and fair hearing (through
adequate reporting)
Report both sides of an
argument/controversy/issue
Includes:

Completeness, relevance and honesty-levelling

with the reader

Ethical Principles in Journalism

Accuracy

The truthfulness, correctness,

exactness/precision in the information that the
media provides to the audience.

That is a wrap!