Professional Documents
Culture Documents
Murray J Leaf
UT Dallas
Office: GR 3.128
M 7-9:45pm
Tel: 972 883 2732
GR 3.606
mjleaf@utdallas.edu
2006
This course considers the principle schools of ethical thought in the world's major
cultural traditions, the interactions between personal behavior and cultural
groups/norms, and their implications for administrators.
What we will find is that underneath the enormous cultural, historical, and
situational differences that separate the writers we will study, there appears to be
one major recurrent question and one main answer. The recurrent question is
whether one can have ethical values that respond to different circumstances and
different situations, or whether ethics, to be ethics, must involve a set of absolute
rules to be followed no matter what. The one major answer is that despite the
seeming attractiveness of clear and fixed rules, once you think about it enough you
realize that ethics can only be situational. The most basic principles of ethics
cannot be iron rules of behavior of the form “In circumstance X you follow rule Y”
but rather much more like, “To deal with a situation properly and effectively, you
have to place yourself in the positions of each of those involved and ask what
principles they might have acted on that all the others involved would feel bound to
accept.” The implication is that to make proper ethical judgments about a situation
you must first be able to analyze it empirically. This is not necessarily easy but
there are very definite ways to do it, which will be described.
Readings not on the web will be in the bookstore. ALWAYS BRING THE READINGS
TO CLASS. The readings are not voluminous, but they are serious. You should plan
on reading them before class but, usually, feeling that you do not understand them
very well. In class you will understand them better, and if then read them again
after the class, within a day or two, you will understand them better yet and they
will probably stick.
A major theme of the course is that there are two main models of ethics and
what ethical systems. I will describe them today. In that context I will also discuss
Roman law. There are two reasons for beginning with this. The first is that it is in
Roman law that we first see the major opposed views of ethics that we will track
through the readings in this course, essentially the opposition between situational
ethics and absolutist ethics. The second is that in practice, most ethical problems we
have as people with public responsibilities arise in relation to law, and these two
models are both present in the law and applicable to the problem of interpreting and
applying it. For many of you this will be new material. For a somewhat more
systematic summary of what I describe in class, click here.
Confucius: The Analects. The role of the official, and the place of
education in preparing him (or her) for it.
http://www.wsu.edu:8080/~dee/CHPHIL/ANALECTS.HTM
3. Indian Ethical Thought: the Bhagavad Gita: Karma Yoga Yoga means
the Yoga of Action. The relevant section on the web as of 30 Aug 2003 is
from the beginning down through the paragraph :
Jan 30. Western Foundations: Plato and Socrates versus the Sophists.
The conflict between Sophism and the Socratics, relativism and absolutism (as
presented in Plato’s dialogues).
These readings introduce the first Western versions of the two perspectives that
make up the main themes of the course: the conflict, or choice, between an
absolutist ethics and situational ethics. In these dialogues, Protagoras and Meno
represent the position of the Sophists, who argue for situational ethics and, by
implication, democracy. Socrates, as you should be able to see, argues for
absolutist ethics and, by implication, authoritarianism. Plato, as the author of the
dialogues, was a staunch supporter of Socrates. It was not the custom at the time
to represent the views of one's opponents fairly. In this case, however, Protagoras
was a very famous Sophist and his views were very well known, and Plato appears
to his represent his views and those of Socrates in a relatively balanced way. The
Apology, Crito, and Phaedo are pure Socrates and in them Plato makes the case as
favorable as he possibly can.
It should be possible to play this with the Windows media player. Let me
know if you cannot.
By the time of Aquinas, the major centers of learning were in the Islamic areas of
southern Europe, north Africa, and the middle east. The European (Catholic) church
was in conflict with the rising European cities. The cities were increasingly interested
in science and promoting trade, and the obvious people to trade with and to learn
the latest science from were in the Islamic areas. Aquinas represents the opening to
this attitude within the Catholic Church. In philosophical terms, it was phrased as
dispute between Platonism and Aristotelianism. Aquinas' great work, the Summa
Theologica, attempts in an Aristotelian manner to establish a single, complete, and
monolithic philosophy that includes both all knowledge and all law. It defines,
literally, a place for everybody and everybody in their place. There has never been a
more consistent application of the basic Platonic/Socratic vision of a universe
obeying just one absolutely clear ethical system before or since. It continues to be
influential in two main areas. It is still viable theology in the Catholic tradition, and it
continues to serve as an exposition of one of the important versions of the idea of
"natural law."
Recording of Class of 21 Sept 05. (This was the end of the discussion of
Aquinas and the start of Kant.)
5. Mill: Utilitarianism. (There are also several places where this is on the
web.)
Recording of Class.
In the early part of the 19th century there were enormous advances in what was
becoming the social and behavioral sciences and law, stimulated mainly by Kant and
Adam Smith. By the middle of the century, however, especially after the often
abortive liberal revolutions of 1848, there was an anti-democratic and anti-scientific
reaction, revolving mainly around the alternatives presented by Marxism and
positivism. The positivist side the leaders were Auguste Comte (who invented the
term), Mill, and Herbert Spencer. In its European version (starting with Comte),
positivism was openly authoritarian and anti-democratic. In its British version, it
was quieter about its anti-democratic aspects and focused on being pro-capitalist or
pro-powerful. Either way, it was the opposite of what Kant and the Skeptics had
argued for and for while succeeded in obscuring their views. A major reaction to
positivism in turn was American pragmatism, begun initially by O W Holmes, William
James, C. S. Peirce, and others at Cambridge. Later, John Dewey and George
Herbert Mead became major spokesmen. You should be able to see Dewey and
Mead reject Mill (and Aquinas, of course) and return to Kant.
6. The Moral Writings of John Dewey (Great Books in Philosophy) by John Dewey, James
Gouinlock (Editor) ISBN: 0879758821 13.68 @ Amazon. Read the following
selections: Instrumentalism, Intelligence and Morals, the Nature of
Principles, The Irreducible Plurality of Moral Criteria, Morality is Social, and
The Method of Social Intelligence.
his section introduces the last component of the course: the relationship between
ethics and law. For modern administrators, especially in the West, most of the
important and difficult ethical issues you face will be closely involved with questions
of law: when to comply, whether to comply and how to comply. We do more and
more with law, and law is moving into newer and newer areas. Because of this
administrators are almost always faced with having to adjust to, apply new legal
requirements that involve the threat of facing legal action. When their efforts are not
readily accepted they commonly lead to lawsuits or even criminal charges, that in
turn reflect back upon the law itself. If you want to handle this situation
constructively, or perhaps even to survive it, you had better understand how it
works from a legal perspective. The modern position begins with Holmes. Pound
continues the same development. As you should be able to see, they speak for the
Skeptical, not the absolutist, perspective.
Recording of little bit of Mead, Holmes and some discussion of paper topics.
This is also a dss file, and needs the Olympus voice player (see the previous class).
Mar 20. The New Deal and labor law, changing views of right to contract
and to organize.
11. National Labor Relations Act and National Labor Relations Board (right
to organize and bargain collectively). This is an example of a single piece
of national legislation establishing a whole branch of law and an
administrative apparatus to implement it. The act can be read and
downloaded from the National Labor Relations Board site at
http://www.nlrb.gov/nlrb/legal/manuals/rules/act.asp Read carefully at
least the Introduction and look over the rest, noting what the sections
pertain to. Then, to see how it is implemented, look at the front page of
the same NLRB US Govt. site: http://www.nlrb.gov/ Got to "Site Map"
and look especially at the "Structure" section. Click on the subsections for
"Board" and "General Council." Understand how it implements the Act.
Also in the NLRB site, you can go to "Cases" and look them over. For class
we will discuss the K. O. Steele case, just because it is in Texas
http://www.nlrb.gov/nlrb/shared_files/weekly/w2927.htm#Steel.
See also the NLRB page at lawmemo.com, an employment law firm, at:
http://www.lawmemo.com/emp/nlrb/default.htm
Labor magazine: http://sweatmag.org/ Look over the article topics to
help yourself imagine the conditions the NLRA was aimed at changing.
Also, just for fun, read the article titled The Fast Track to a Great Social
Security System.
Mar 27. Midterm due. Also paper proposals. We will discuss the proposals
together in class Bring two copies.
15. Civil Rights. The Civil Rights Act of 1964, Title VII.
Equal Employment Opportunity Commission—law and
cases. http://www.eeoc.gov/policy/vii.html
Remember this is only one section of the Act. If you can, read the rest.
April 10. Disabilities. Tentative Topic: We will discuss the Schiavo case
from the point of view of the differing perspectives on including that of
those concerned with disabilities rights. Richard Scotch will make a
presentation and lead the discussion.
17. A very short notice that sets up the issues in plain language is:
http://www.notdeadyet.org/docs/schiavostatement032005.html
Another statement representing the position of the same group, debating
with the attorney for Michael Shiavo, is:
http://www.terrisfight.org/coleman.html
The Texas "Futile Care Law" :
http://www.capitol.state.tx.us/statutes/docs/HS/content/htm/hs.002.00.000166.00.h
A little overview on About, with links:
http://civilliberty.about.com/cs/humaneuthinasia/a/bgTerry.htm
If you are interested in the education issues, the reading was the
Introduction and Chapter 4 of Jumping the Queu. Click here
I apologize for the roughness. I had to scan and edit it to put in a form
that I could post, and have not had enough time to make it neat. I have
left in some page heads from the original to refer to when we discuss it,
but could not set up pages in a way that will be uniform. Also I have
doubtless not caught all the computer's mis-identifications of letters.
Recording of class. msv file
Apr 17. Affirmative Action and Diversity. We will concentrate mainly on higher
education and on the Grutter opinion (the Michigan case--last item. From my
perspective, this is a perfect illustration of an area in which any general rule you try
to write or apply will not work, and there is no choice for an ethical administrator
but to fall back on what will make the best possible sense in the situation and hope
that if your decision is challenged the courts will eventually have to agree.
Timeline of affirmative action and UT Austin's enrollment history. Related URL's are:
http://www.infoplease.com/spot/affirmativetimeline1.html
And
http://www.utexas.edu/academic/oir/statistical_handbook/02-03/students/s04b/
The College Board & Diversity: www.collegeboard.org/diversity/ ***
http://www.nixonpeabody.com/linked_media/publications/ELPA_06232003.pdf
Apr. 24. Patriot Act, Review and Conclusions, but we can talk about the
Patriot Act. This is the last class day. Finals and papers will probably be
due Monday the 31st. If I am not in my office, slide the papers under the
door. email a digital copy or provide one on disk. If I have to scan the
paper, I might very well have to assign an incomplete until I can get to it.
Final Exam for Fall 2005 (will be changed for Spring 2006, of
course.)
As for the midterm, answer each question in your own words. Cutting and pasting
will not do, but relevant quotes are fine. The idea is to see if you have figured out
how the very general and abstract points we have been discussing apply in ordinary
(real) life, and especially in the way we have to deal with the problem of relating
ethics to law. There is no fixed length requirement or limit, but you should be able
to do this in four to six pages. Part 1 and Part 2 have equal weight.
Part 1.
O. W. Holmes, in The Path of the Law, strongly cautions the student to separate law
and morality and not be confused because the language of law so often uses terms
drawn from morality. However he also says: “The law is the witness and external
deposit of our moral life. Its history is the history of the moral development of the
race.” These positions are not contradictory. They fit together in Holmes’ larger
view of the relation between law and morality. Explain how.
Part 2.
Bearing the answer to Part 1 in mind, the following are examples of reasonably
ordinary situations in which you have to combine ethical considerations with
considerations of law. Pick any four, and for each one analyze your choices in terms
of one of the thinkers that we have discussed. You can include any of the writers—
including the legal writers. NB: In class I said I would ask you to pick a different
thinker for each answer. I have dropped that requirement.
1. You have a student who deliberately cheats on examinations, disrupts the class, and might possibly
be dangerous. You have referred the problem to the dean of students for disciplinary action and the
student has dropped your class. The dean of students has said that all disciplinary matters are
confidential under the Family Education Right to Privacy Act, and you cannot discuss the case with
anyone. You have just learned that this student has not left the university but is enrolled in the class
of a colleague that is just beginning. You have to decide what, if anything, to say to your colleague.
2. You are a judge hearing the case of the Matter of T. How do you decide?
3. You are a librarian. A person comes to you, identifies himself as an FBI agent, and shows you a
letter ordering you to turn over all the records you have on the books checked out by person X, and
also to provide access to a library computer used by X. He tells you that you cannot tell X or
anyone else about this, and that under the Patriot Act it is a criminal offense if you do not comply.
What do you do?
4. You have a choice of buying goods made in a country that does not comply with internal law on the
environment and international labor laws, or higher priced goods from countries which invest in
reducing environmental damage and where working conditions comply with American standards of
health, safety, and pay. You know that America has been losing jobs to the non-compliant country.
On what ethical basis would it be right to buy the cheaper goods, and on what basis would it be right
to buy the more expensive goods?
5. You have received a résumé from a job applicant that appears to be inflated, perhaps even
containing outright lies. You need to hire someone and the person seems capable. What do you do
(and why)?
6. You are in your mid 40s. The person who was your closest friend while you were growing up has
multiple sclerosis and is increasingly unable to take care of himself. The disease has progressed to
the point where he can no longer feed himself. He tells you that he has collected a large quantity of
sleeping pills, enough for a fatal dose, and asks you if you would help him swallow them if he asks
you to, if the disease gets to the point that he sees no point in going on any further. (His version of
MS is not actually painful; it is simply paralyzing. People who have it usually wind up dying from
something like a cold, which becomes pneumonia.) What do you say (and why)?
7. You are a social worker with a high-level managerial position in a public agency. Eight years ago
you married a woman who had a son by a previous marriage. He is now eighteen, and you have just
found out that he is selling drugs. It seems to be mainly marijuana but you are not sure. His mother
is very protective of him. What do you do?
BOOKS
Protagoras by Plato, Stanley Lombardo, Karen Bell. Publisher: Hackett Pub Co;
(March 1992) ISBN: 0872200949
The Moral Writings of John Dewey (Great Books in Philosophy) by John Dewey, James Gouinlock
(Editor) ISBN: 0879758821
Recommended:
Dostoyevsky The Grand Inquisitor Paperback Hackett Publishing. $4.95@Amazon
ISBN 0-87220-228-3