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DEFECTIVE NORMS OF MORALITY

1. Utilitarianism – a theory of ethics that assesses actions based on minimizing benefits and
reducing the negatives; base on bouncing human interest.
Happiness = pleasure, and the absence of pain
Unhappiness = pain, and the absence of pleasure

Happiness is the only thing that has intrinsic value

Types of Utilitarianism
a. Act Utilitarianism (or Case Utilitarianism) states that, when faced with a choice, we
must first consider the likely consequences of potential actions in that particular
case and, from that, choose to do what we believe will generate the most overall
happiness.
b. Rule Utilitarianism states that, when faced with a choice, we must look at potential
rules of action to determine whether the generalized rule produces more happiness
than otherwise, if it were to be constantly followed. Thus, an action should only be
carried out if it follows a rule that morally should be followed at all times. (e.g. the
exception of self-defence to overcome the general rule never to kill a human
c. Two-Level Utilitarianism states that normally we should use "intuitive" moral
thinking, in the form of Rule Utilitarianism, because it usually maximizes happiness.
Intuitive – based on feelings rather than facts or proof.
d. Motive Utilitarianism states that our initial moral task is to inculcate motives within
ourselves (by means of teaching and repetition) that will be generally useful across the
spectrum of the actual situations we are likely to encounter, rather than hypothetical
examples which are unlikely to occur.
e. Total Utilitarianism advocates measuring the utility of a population based on the total
utility of its members.
f. Average Utilitarianism advocates measuring the utility of a population based on the
average utility of that population.
g. Negative Utilitarianism requires us to promote the least amount of evil or harm, or
to prevent the greatest amount of suffering, for the greatest number (as opposed to
the general, or positive, Utilitiarian rule of the greatest amount of good for the greatest
number).
h. Sentient Utilitarianism states that the well-being of all sentient beings (i.e. conscious
beings who feel pain, including therefore some non-human animals) deserve equal
consideration with that given to human beings, when making moral decisions in a
Utilitarian context.
i. Egoism (or Ethical Egoism) is the ethical position that moral agents ought to do what
is in their own self-interest. Egoism as a normative position makes claims about what
one ought to do, rather than describes what one does do. A belief that one should be
honest, just, benevolent, etc, because those virtues serve one's self-interest is Egoistic;
a belief that one should practice those virtues for reasons other than self-interest is not
Egoistic. Egoism is a form of Individualism.
j. Altruism (or Ethical Altruism) is an ethical doctrine that holds that individuals have
a moral obligation to help, serve or benefit others, if necessary at the sacrifice of self
interest. More precisely, an action is morally right if the consequences of that action
are more favourable than unfavourable to everyone except the agent.
The term "altruism" (initially derived from the Latin "alter" meaning "other") was coined
by Auguste Comte, the French founder of Positivism, in order to describe his ethical doctrine,
which he summed up in the phrase: "Live for others". In more general terms, Altruism is
selfless concern for the welfare of others (although its common usage does
not necessarily entail any ethical obligation).
2. HEDONISM
Philosophical doctrine that 1.) all pleasure is intrinsically good and 2.) nothing
but pleasure is intrinsically good

- Any act that gives pleasure, temporal happiness and worldly pleasure is morally
good
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- Any act that creates that is a failure or obstructed is morally bad

3. MORAL RATIONALISM
Immanuel Kant (1724-1804) is one of the most influential philosophers in the history of
Western philosophy. His contributions to metaphysics, epistemology, ethics, and
aesthetics have had a profound impact on almost every philosophical movement that
followed him.
Human reason is the root of knowledge and truth
On Autonomy of Reason
Reason is the absolute law-maker, law-giver, and law-abider. (Autonomy of Reason)
Morality comes not from reason itself but from a higher another source than human
reason.
(Heteronomy of Reason)
Human reason, therefore, is the source of all truths, all laws, and all principles. Human reason
is the source of all moral laws and all
moral obligations.
Reason commands, and the commands of reason are absolute and unconditional, absolutely
binding on all men of all times (Categorical Imperative).
Therefore, good must be done simply because we want. Virtue must be practiced for virtue’s
sake; goodness, for goodness sake.
Duty – is the very root, test and the mainspring of all morally good acts. All that is moral is
motivated by pure sense of duty, by pure reverence for the law. Thus, morality is grounded on
duty or moral obligation.
The command of reason is categorical and all are obliged to obey, it is our moral duty to obey
unconditionally.
CRITISM
Human reason only sees things, but it does not make things.
Human reason tells us the law, but it does not make the law.
Moral law is not from human reason, it is not our own making, but it is impose on us from a
higher source.
Categorical – universal without conditions
Imperative – a command to be followed without question
Categorical Imperative – act according only to the maxim whereby you can the same time will
that it should become a universal law (red traffic light you go through, no one will get hurt,
then you will the act you are accepting the universality of the action namely that anyone could
go through a any red light, anytime they choose regardless of the specific situation) do un to
others as you have would have them do unto you. (ex. flirting)
4. MORAL EVOLUTIONISM
This is the theory of all those who holds that morality is never fixed or absolute, but
is continually changing and evolving gradually into a perfect morality.
Friedrich Nietzsche - believed that morality – the distinction between right and
wrong – did not exist in the beginning or originally unknown. Good is that which
anybody desired.
Friedrich Nietzsche (1844–1900) was a German philosopher of the late 19th century
who challenged the foundations of Christianity and traditional morality. He was
interested in the enhancement of individual and cultural health, and believed in life,
creativity, power, and the realities of the world we live in, rather than those situated
in a world beyond.
But, according to Nietzsche, we must produce the strong
The law of nature is the survival of the fittest.
The strong is destined by nature to live and rule.
The weak has no right from nature to live. The weak who form the majority must be

eliminated in order to give way to the aristocracy of the strong.

Morally good is what man desired
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That the weak must be demolished and the strong one remain, so that the end of
morality is the super man
That morally good is making you strong, powerful and super human, might,
strength and power is the basis of morality.
Morally bad is the productivity of the weak.
1.
Commentary . . . . . .
The result – the chaotic, horrific, barbaric and devastating World War II (German
Invasion).
Who thinks that they are the Aryan race (White supremacy) superior to any other and
destined to rule and conquer the world.
They devoured weaker nations and justified all the massacres, tortures, and bloodshed
of concentration camps in their occupied countries on the theory that they are the
strong and, therefore, can do no wrong.
5. MORAL POSITIVISM
- The moral laws are the basis of the law of the state. Whatever in accordance is
morally good and is forbidden by the state is morally bad.
THOMAS HOBBES
Man is a selfish being, a wolf to his fellowmen
The source of morality is the law of the state
● COMMENTS
This is a defective norm of morality, it reverses things; therefore must be rejected
The natural order of things already exist, nature already exist
What is morally bad is bad not because it is forbidden, but forbidden because it is bad.
Example:
Murder is always bad, even before there was any State law prohibiting it. Murder is
forbidden by law and is wrong because it is clearly a violation against human nature.
6. MORAL SENSISM
- Stress that man is endowed a special moral sense other than reason
- But we cannot prove this ethically for our sense can only see tangible and
individuals objects; but cannot perceive abstract morality.

DEFECTS:
1. It makes morality relative.
* Morality is not based on feelings/senses.
* Morality is not based on the mood of the person.
7. MORAL PHILOSOPHY OF COMMUNISM
Dialectic Materialism
- Matter is the only reality. That this is the events, motion and the constant change
Logical View
1. God does not exist, it is only a spirit, matter is real
2. No freedom and free will of man, its only matter
3. There is no immortality or life after death, happiness can be obtain in a classless
society.
- Theory of change, evolution and revolution is necessary, so that we can obtain a
perfect state; the classless society
- Morally good is the classless society and morally bad is what causes the delay of its
coming
- Communism believes that the “end justifies the means” and the end of man is the
classless society.
- Primacy of Economics
- Economics as the basis of civilization, progress, history and society.
- That this is the beginning and end of ethics for communism
- Morality in different condition
- Man as an economic being
Critical evaluation of the theory
- True that man is an economic being, for his stomach to feed to support his family
- But man don’t live by bread alone, he has the heart, mind, reason and will

- Economics then is not the end of man, it is important but not the highest need of
man.
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ETHICAL FALLACIES
- A false principle or wrong philosophy of life
- A false view, judgments, attitudes and choice
- But does not constitute morally evil acts
1. FALLACIES OF THE INVERTED ORDER
FORMS
a. Fallacy of Misproportion or Wrong Assignment of Values
This fallacy mistakes “means for the end”
The higher faculty is dominated by the lower one
It gives concern to the less important thing, mistaken it as the highest
b. Fallacy of Self-Contradiction
Concentrates on the purpose of the act
Here the very purpose is defeated; hence the primary is defeated by secondary
It creates an immoral man who lives not according to reason but according to
passion
c. The Fallacy of Extremism or One-Sidedness
As Aristotle affirms the golden principle of common sense “every extreme is risky
and vicious and the truth and virtue lie midway between the false extremes
When a thing become a vice it absurd and fallacious
E.G Industry (harmful to health)
d. Fallacy of False Analogy
Confusion between physical and moral orders
Confusion between physical truth and moral truth
Confusion between physical harmless and morally harmless
e.g. destruction of fetus, divorce, exchange partners (sex)
2. FALLACY OF THE ACCIDENT

SPECIFIC DETERMINANTS OF MORALITY

Explanation of Terms
1. Specific Determinants are those other factors which essentially affect the goodness
or badness of an action.
2. The End of the Action – the natural purpose of an act, or that in which the Act in its
very nature terminates or results, thus, the end of the action of studying is learning.
3. The End of the Agent – the intention or aim of the doer of the action.
The Circumstances
1. Aggravating circumstances are those which add to the seriousness of the offence
Examples: In case of murder the following can be the aggravating circumstances: a)
conspiracy; b) profession of murderer; c) taking advantage of one’ position the
government; d) used of armoured cars; e) torturing
2. Mitigating circumstances are those that lessen or palliate the gravity of a crime
The following can be the mitigating circumstances
2.1 provocation
2.2 lack of full consent or knowledge
2.3 no intention to kill
3. Justifying circumstances are those that make the doing of an act right; so there is
no crime committed nor is there any criminal or civil liability
In the case of murder there can be justifying circumstances. However there can be
justifying circumstance in the case of killing an aggressor in self-defense

4. Exempting circumstances are those that exempt an agent from responsibility and
punishment.
The following can be the exempting circumstances:
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4.1 age below 9 years

4.2 insanity
4.3 violence
4.4 above 9but below15, who acted without discernment
ETHICS AND LAW
General concept of law
- is the famous work of the legal philosopher H.L. A.Hart. the concept of law provides
an explanation to a number of traditional jurisprudence questions such as “what
is law?”, ”must law be rules?”,and” what sthe relation between law and morality?”.
Austin’s “Command Theory”
- a jurisprudential concept that holds that law is command backed y threat and is
meant to ubiquitous in its application.
Social habits, rules and laws (Hart)
Social habit- which people habitually but where breaking the habit does not bring about
opprobrium.
Laws can be divided up into two sorts
1. Primary rules (rules of conduct)
2. Secondary rules (rules addressed to officials and which set out to effect the
operation of primary rules).
Secondary rules deal with three problem
a. The problem of uncertainty about what the law is
b. The problem of rigidity of rules
c. Problem of how to resolve legal disputes
Physical law - is any natural occurrence that causes ordered movement or sequence
within matter or mind and does not consist of actions of the free will. Thus, it is called a
law of necessity since it involves changes or actions that are involuntary.
Eternal Law – is any law that supposedly comes directly from the “will of God”. Eternal
law is identical to the mind of God as seem God himself. It can be called law because
God stand to the universe which he creates as a ruler does to a community which he
rules.
Moral law - is a rule of action that has sanctions or penalties. Moral law is what a
moral agent ought to do and the value of the action is enforced by the value of the
sanction or penalty that accompanies it. Moral law involves the government of free and
intelligent action unlike physical law which is not free and is unintelligent.
According to:
Eternal Law is the Divine reason or the will of God commanding that the natural order of
things be preserved and forbidding that it can be disturbed. (St. Augustine)
It is exemplar of Divine wisdom as directing all actions and movements (St. Thomas)
Some Paternal Laws
● we will honor our father and mother and all others who have been used of
God to give us life to nourish and guide us, and to bring us to maturity. We
will respect authority.
● We will not permit hatred or anger toward another person
● We will not take what belongs to another person
● We will not false bears witness against another person
● We will not desire for ourselves that which belongs to another

Features of Eternal Law

● It is unchangeable
● It is universal
● It is fair and the basis of the justice system

Features of Natural Law

● It is universal
● It is immutable and unchangeable
● it is obligatory
● It is recognizable

Human Rights – are moral principles of norms that describe certain standards of human behaviour, and
are regularly protected by legal rights in municipal and international law.
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Right to Life
Every human being has the inherent right to life. This right shall be protected by law. No one
shall be arbitrarily deprived of his life.
Freedom from Torture
Torture has been used as a method of political re-education, interrogation, punishment, and
coercion.
Freedom from Slavery
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms. (article 4 of the Universal declaration of Human rights).
Right to fair trial
Everyone is entitled in full equality to a fair trial and public hearing by an independent and
partial tribunal in the determination of his rights and obligations and of any criminal charge
against him
Fair Trial in Civil and Criminal Proceedings
1. The right to be heard by a competent, independent and impartial tribunal
2. The right to public hearing
3. The right to be heard within a reasonable time
4. The right to counsel
5. The right to interpretation
Freedom of Speech
Is the freedom to speak freely without censorship. The right to freedom of speech is not absolute
in any country and the right is commonly subject to limitations, such as on libel, slander,
obscenity, incitement to commit a crime.
Freedom of thought, conscience and religion
Every one has the freedom of thought, conscience and religion; this right includes freedom to
change his religion or belief, and freedom, either or in community with others and in public or private.
Freedom of movement
A citizen of a state in which that citizen is present has the liberty to travel, reside in, and or work
in any part of the state where one pleases within the limits of respect for the liberty and rights of others,
and to leave that state and return at any time.
Right debates
Events and new possibilities can affect existing rights or require new one.
Right to keep and bear arms
The right to keep and bear arms for defence is described in the philosophical and political
writings of Aristotle. Cicero and others.
Sexual orientation and gender identity
Sexual orientation and gender identity relate to the expression of sexual orientation and gender
identity bases on the right to respect for private life and the right not to be discriminated against
on the ground of “other status” as defined in various human rights convention

Three version of Egoism

1. Psychological Egoism – is a position about the way people behave. Act only in their own interest. Claim
that someone that works for the benefit of others is actually doing it for themselves, either to make
themselves good, or because they like the recognition they get from doing good. Whatever the case maybe
all of their action are only to serve themselves
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2. Ethical Egoism – is an ethical position which claims that it is always right to do what would benefit you
the most. It is morally good to do whatever will give the best outcome for you. It is morally obligatory that
you act in your own self interest
3. Rational Egoism – similar to ethical egoism in that it attributes something to the person that acts in
their own self interest. Claims that someone that acts on their own self interest is logical and rational
They all relate to what you want to do, and your own well being
Altruism or selflessness is the principle or practice or concern for the welfare of others. Means acting in
the best interest of others rather than in one’s self interest.