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Morality Play Case Studies in Ethics 2nd Edition Jessica
Pierce Digital Instant Download
Author(s): Jessica Pierce
ISBN(s): 9781478606727, 147860672X
Edition: 2
File Details: PDF, 3.19 MB
Year: 2013
Language: english
second edition
Morality Play
Case Studies in Ethics
Jessica Pierce
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future generations
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second edition
Morality Play
Case Studies in Ethics
Jessica Pierce
WAVELAND
PRESS, INC.
Long Grove, Illinois
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7 6 5 4 3 2 1
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Contents
Introduction 1
Why Think about Morality? 2
Using Case Studies to Think about Morality 3
Morality Play 4
Ethical Argumentation
(and Arguing Ethically) 6
Pluralism, Relativism, and Absolutism 7
A Quick Review of Critical Thinking 8
iii
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iv Contents
Contents v
vi Contents
Topical Table
of Contents
Abortion
Execution of an Abortion Provider’s Killer 26
Fetal Rights and the Fetus as Person: The Case of J.D.S. 39
Fetal Rights, Take Two: Unborn Victims of Violence Act 39
Zero Population Growth 42
Fetal Testing for Down Syndrome 50
License-Plate Liberties 104
Abortion and Fetal Heartbeat 140
Animals
A Hunting We Will Go . . . 64
GloFish 65
Taking Your Pet to the Grave with You 67
Would Pain Free Animals Be Guilt Free, Too? 72
Dolphin Parks 73
Eating Sea Turtles 76
Canned Hunts 83
vii
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Capital Punishment
Stanley “Tookie” Williams and
the Problem of Redemption 12
The Execution of Scott Hain, Juvenile Offender 13
The Bible Used in Conviction 15
Execution of an Abortion Provider’s Killer 26
Medical Care for Prisoners, Take Three:
Organ Transplant for Death Row Inmate 48
Civil Disobedience
Three Nuns and a Silo 22
Environment
Zero Population Growth 42
Age-Based Cost Studies 45
Age-Extension Research 53
Famine in Africa 62
A Hunting We Will Go . . . 64
Ecoterrorism: Kill the Hummers! 68
Dolphin Parks 73
Eating Sea Turtles 76
PBDEs and the Precautionary Principle 79
Zoos and Euthanasia 85
My Hummer, My Choice 116
Future Generations
Zero Population Growth 42
Age-Extension Research 53
My Hummer, My Choice 116
Global Justice
Zero Population Growth 42
Troublesome Trinkets 60
Famine in Africa 62
My Hummer, My Choice 116
Individual Liberty
Zero Population Growth 42
DanceSafe: Making Ecstasy Safer for Partiers 94
Obesity: Personal or Political? 96
Worried about Harry Potter 100
Walmart Keeps Its Shelves Clean 101
License-Plate Liberties 104
Pledge of Allegiance 105
Ed Rosenthal and Medical Marijuana 107
High School Tells Student to Remove Anti-War T-Shirt 110
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Physician-Assisted Suicide/Euthanasia
Elder Suicide or Dignified Exit? A Letter from Ohio 36
Exit Bags 38
Suicide Concert 44
The Schiavos 55
Privacy
Vicarious Sensitization 19
No Lie MRI 30
Fetal Rights, Take Three: Drug Abuse and Fetal Abuse 40
Zero Population Growth 42
Cameras Watching Students 109
CRACK—Get Sterilized, Get Cash 112
USA Patriot Act 119
The Right to Be Forgotten 121
Abortion and Fetal Heartbeat 140
Risk Assessment
Zero Population Growth 42
Fetal Testing for Down Syndrome 50
PBDEs and the Precautionary Principle 79
Theory-Based
Table of Contents
Utilitarianism/Consequentialism
Torture of a Kidnapper 21
White-Collar Crime 26
White-Collar Crime, Take Two: Atlantic States Foundry 28
Zero Population Growth 42
Age-Based Cost Studies 45
Age-Extension Research 53
Troublesome Trinkets 60
PBDEs and the Precautionary Principle 79
DanceSafe: Making Ecstasy Safer for Partiers 94
Cameras Watching Students 109
USA Patriot Act 119
Rigoberta Menchú: The Purpose of Truth 159
Deontology/Kantianism/Categorical Imperative
Stanley “Tookie” Williams and
the Problem of Redemption 12
The Execution of Scott Hain, Juvenile Offender 13
Torture of a Kidnapper 21
No Lie MRI 30
xii
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Virtue Theory
Stanley “Tookie” Williams and
the Problem of Redemption 12
Canned Hunts 83
Shame Campaign 114
My Hummer, My Choice 116
Gay Sex and Adultery 129
Sex Education in Schools 130
Sports Supplementation: Fair or Foul? 142
Sports Supplementation, Take Two: Ross Rebagliati 145
Extreme Makeover 145
Culture Wars 148
Ethics for the Information Age: The SCANS Report 153
Character Education of Children 154
Biocentrism/Ecocentrism
Zero Population Growth 42
GloFish 65
Ecoterrorism: Kill the Hummers! 68
Would Pain-Free Animals Be Guilt Free, Too? 72
Dolphin Parks 73
Eating Sea Turtles 76
PBDEs and the Precautionary Principle 79
Canned Hunts 83
O Canada, How Could You? 88
My Hummer, My Choice 116
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Evolution/Sociobiology
Age-Extension Research 53
Evolution vs. Creationism in Public Schools 132
Evolution, Take Two: Professor Dini’s
Recommendation 135
Justice
Retributive Justice
Stanley “Tookie” Williams and
the Problem of Redemption 12
The Execution of Scott Hain, Juvenile Offender 13
Chemical Castration for Male Sex Offenders 17
Vicarious Sensitization 19
The Consenting Victim 25
White-Collar Crime 26
White-Collar Crime, Take Two: Atlantic States Foundry 28
Fetal Rights, Take Two: Unborn Victims of Violence Act 39
Distributive Justice
Zero Population Growth 42
Medical Care for Prisoners 46
Medical Care for Prisoners, Take Two:
Donor Heart Goes to a Criminal 47
Medical Care for Prisoners, Take Three:
Organ Transplant for Death Row Inmate 48
Troublesome Trinkets 60
My Hummer, My Choice 116
Relativism
The Bible Used in Conviction 15
Eating Sea Turtles 76
Grilled Dog 90
Sex Education in Schools 130
Culture Wars 148
A Call to Civil Society 152
Ethics for the Information Age: The SCANS Report 153
Ethical Egoism
My Hummer, My Choice 116
Extreme Makeover, Take Two: Human Barbie 147
Pierce 2E.book Page xv Thursday, April 11, 2013 3:24 PM
Principle-Based
Table of Contents
Justice
Stanley “Tookie” Williams and
the Problem of Redemption 12
The Execution of Scott Hain, Juvenile Offender 13
White-Collar Crime 26
Medical Care for Prisoners 46
Medical Care for Prisoners, Take Two:
Donor Heart Goes to a Criminal 47
Medical Care for Prisoners, Take Three:
Organ Transplant for Death Row Inmate 48
Troublesome Trinkets 60
Sports Supplementation: Fair or Foul? 142
xv
Pierce 2E.book Page xvi Thursday, April 11, 2013 3:24 PM
Beneficence
Elder Suicide or Dignified Exit? A Letter from Ohio 36
Fetal Testing for Down Syndrome 50
Age Extension Research 53
The Schiavos 55
DanceSafe: Making Ecstasy Safer for Partiers 94
Growth Hormone for Shortness 137
Introduction
1
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2 Introduction
Morality Play 3
4 Introduction
Morality Play
There are many ways to use these cases, but they have
been particularly designed as the basis for a game called Moral-
ity Play. The two most obvious places to play this game are in
the classroom and at get-togethers of friends and family.
Participants will take turns being the moderator. Agree on
some fair method for choosing the sequence of moderators.
Players may forfeit their turn as moderator if they wish. The
moderator begins by reading the chosen (or assigned) case out
loud. He or she may want to read it more than once so that
players can absorb the relevant details.
The moderator is then responsible for engaging the group
in discussion—asking probing questions, seeking clarification
Pierce 2E.book Page 5 Thursday, April 11, 2013 3:24 PM
Morality Play 5
6 Introduction
Ethical Argumentation
(and Arguing Ethically)
Argumentation in ethics aims to explore and justify a possi-
ble decision, course of action, or point of view. We seek to jus-
tify that a belief or position is reasonable. To this end, we
engage shared principles, factual information, and logical,
coherent, reasonable argument. A conflict of opinion is usually
not a conflict over basic values (that torture is wrong, say) but
over the application of the general rules in a particular case. Is
torture wrong even when, as in the case of Jakob von Metzler
(the sixth case in Crime and Punishment), it might lead a kid-
napper to reveal the whereabouts of an innocent boy whose life
is in danger? Ethical argumentation doesn’t necessarily resolve
an issue—we may still disagree about torturing the kidnapper—
but through discussion each participant reexamines, refines,
and adjusts his or her attitudes and assumptions.
Particular cases often form the basis for a broader social
debate. For example, the case of J.D.S., an institutionalized men-
tally handicapped woman who was raped and became pregnant,
has become the focal point of a social and legal debate over
abortion and the status of the fetus. Is J.D.S.’s guardian also the
guardian of the fetus? Or is the fetus a person with interests of
its own, deserving of a separate guardian for those interests?
Who should decide whether an abortion is to be performed?
Discussing moral problems involves an inner process of
self-examination and mental clarification, during which we
may change our present beliefs. We may begin by trying to per-
suade others of our Truth, but as we expand, refine, and alter
our own conceptions, we develop a more critical, more
thoughtful view of things than the one we had when we started.
There is, of course, a strong element of persuasion
involved: when we feel strongly about a certain moral point of
view, we want to bring others around to see things as we do.
But this is not our sole agenda. Ethical argumentation itself
Pierce 2E.book Page 7 Thursday, April 11, 2013 3:24 PM
Morality Play 7
8 Introduction
Morality Play 9
10 Introduction
1
11
Pierce 2E.book Page 12 Thursday, April 11, 2013 3:24 PM
DISCUSSION QUESTIONS
1. Should remorse, rehabilitation, and redemption play any
role in what punishment a person receives? Or is the punish-
ment simply a response to the crime, and nothing more?
2. Did Williams redeem himself through good works?
3. Should Williams have been put to death?
4. Is it appropriate for someone who has done very bad things
to be rewarded with one of the world’s highest honors?
RESOURCES
Williams, Stanley (“Tookie”). n.d. My Letter to Incarcerated Youth.
http://www.virginiaheroes.org/docs/7th_grade/Gr7_session10_
handouts.pdf
Williams, Stanley, with Barbara Cottman Becnal. 2001. Life in Prison.
New York: SeaStar Books.
Williams, Stanley, with Barbara Cottman Becnal. 2001, 2003. Tookie
Speaks Out Against Gang Violence (eight readers aimed at urban
youth). New York: Powerkids Press.
DISCUSSION QUESTIONS
1. Should Scott Hain have been executed?
2. Should the United States look to international consensus on
capital punishment as an “evolving standard” to which we
should adhere?
3. Should minors be subject to the same punishments as adults?
4. When it comes to culpability for a crime, is age 18 an appro-
priate line to draw between minor and adult? Why not 17? 16?
RESOURCES
Cassel, Elaine. 2003. “Did the Malvo Case Influence the Supreme
Court on Juvenile Executions?” CNN.com, February 11.
Greenhouse, Linda. 2003. “Justices Deny Inmate Appeal in Execution
of Juveniles.” New York Times, January 28, A19.
The International Justice Project, information on juvenile execution.
See, particularly, “Brain Development, Culpability and the Death
Penalty.” www.internationaljusticeproject.org/juveniles.cfm
Death Penalty Information Center. 2013. “Juveniles and the Death Pen-
alty.” http://www.deathpenaltyinfo.org/juveniles-and-death-penalty
DISCUSSION QUESTIONS
1. Was the judge right to consider the use of a Bible in a jury
deliberation an “undue” influence?
2. If a juror knew a biblical passage by heart (e.g., the Leviticus
24 passage) and cited it as his or her moral belief during
deliberation, would this be different from carrying into the
deliberation room a scrap of paper with the Leviticus passage
scribbled on it? What if the passage in question was from a
“nonreligious” source like Stephen King’s The Green Mile?
3. Should deeply religious people be banned from jury duty?
4. Can religious belief serve as a foundation for morality in a
pluralistic society?
5. Juries are asked, “Can you decide this case in conformity to
US law?” But is there not a higher law of right and wrong?
RESOURCES
WorldNetDaily. 2003. “Judge Kills Death Sentence Because Jurors
Read Bible.” May 24. http://www.wnd.com/2003/05/18964/
Pierce 2E.book Page 17 Thursday, April 11, 2013 3:24 PM
DISCUSSION QUESTIONS
1. Is chemical castration an appropriate “treatment” for sex
offenders?
2. Is it a treatment or a punishment?
3. Do convicted criminals have a right to privacy, or do they
forfeit this right when they commit a crime?
4. Should voluntary requests for castration, chemical or surgi-
cal, be honored? In exchange for a lighter sentence?
Pierce 2E.book Page 19 Thursday, April 11, 2013 3:24 PM
Vicarious Sensitization 19
RESOURCES
American Civil Liberties Union. http://aclu.org
Douglas, Emily M. and David Finkelhor. 2013. “Childhood Sexual Assault
Fact Sheet.” http://www.unh.edu/ccrc/factsheet/pdf/CSA-FS20.pdf
California Penal Code. 2004. www.legalinfo.ca.gov/calaw.html
Rape, Abuse, and Incest National Network, Statistics. www.rainn.org/
statistics/ html
Spalding, Larry Helm. 1997. “Chemical Castration: A Return to the
Dark Ages.” http://neuro.bcm.edu/eagleman/neurolaw/papers/
%5BSpalding%5DFloridasChemicalCastrationLaw.pdf
Vicarious Sensitization
Most adult sex offenders commit their first offense as teen-
agers. Add to this fact a second one—that at least half a million
juveniles commit a sex crime every year—and you know we have
a serious problem. Many specialized treatment programs have
arisen to address this epidemic of sex offenses. Some employ a
method called vicarious sensitization (VS), a kind of aversion
therapy whereby the sex offender learns to associate “deviant
arousal” with humiliation, pain, jail, and emotional rejection.
In VS, offenders are shown videotapes that include such
vignettes as an offender molesting someone and being caught
by his mother, being threatened with shooting by the victim’s
father, his arrest being broadcast on TV news, castration sur-
gery being prescribed by a doctor, and similar incidents of pain
or humiliation. Following is an excerpt from a VS study funded
by the National Institutes of Mental Health, conducted by M.
Weinrott, PhD:
. . . 69 adolescent child molesters were exposed to 300–350
VS trials over 25 sessions. . . . Youths were ages 13–18 and
had offended one or more victims at least four years
younger than they, and had demonstrated moderate to
high levels of deviant arousal in a pre-treatment phallome-
tric assessment. . . . Results of the phallometric assessment
showed that, for most stimuli, significant decreases in
arousal were obtained for youths who had received VS.
(Weinrott, Riggan, and Frothingham, 1997)
DISCUSSION QUESTIONS
1. Are teenagers old enough to give “informed” consent to par-
ticipate in a research trial on VS?
2. In the research study reported above, voluntary written con-
sent was obtained from all of the subjects. But where “treat-
ment” is part of a punishment, the line between voluntary
and coerced may become blurred. If VS were ordered as part
of a court sentence, would it be ethically objectionable?
3. Does VS sound like “mind control”? And is “mind control” a
bad thing?
4. Does the notion of “therapeutic punishment” make sense?
RESOURCES
Burgess, Anthony. 1988. A Clockwork Orange. New York: W. W. Norton.
Leinwand, S. N. 1976. “Aversion Therapy: Punishment as Treatment
and Treatment as Cruel and Unusual Punishment.” Southern Cali-
fornia Law Review 49(4): 880–983.
Matson, J. L., and T. M. DiLorenzo. 1984. Punishment and Its Alterna-
tives. New York: Springer.
Weinrott, Mark R., Michael Riggan, and Stuart Frothingham. 1997.
“Reducing Deviant Arousal in Juvenile Sex Offenders Using Vicari-
ous Sensitization.” Journal of Interpersonal Violence 12(5): 704–728.
Pierce 2E.book Page 21 Thursday, April 11, 2013 3:24 PM
Torture of a Kidnapper 21
Torture of a Kidnapper
In September 2002, Jakob von Metzler, the 11-year-old son
of a prominent German banker, was abducted on his way home
from school. The wealthy family readily agreed to pay the ran-
som money. During the hand-off, police identified their sus-
pect. When the boy had still not been released after several
days, the police made the arrest. Acting on the possibility that
the boy might still be alive, the police officer questioning the
kidnapper decided to do what he must to make the suspect talk,
even if it meant hurting him. As it turned out, the threat of vio-
lence was enough to make the suspect confess, and he revealed
that the boy was already dead.
But the case was hardly resolved in the public’s mind. Was
it appropriate for the police to threaten a suspect with physical
violence? Would carrying through with physical torture have
been justified, had it been necessary to elicit information? Was
the deviation from accepted rules of police conduct worth the
possibility of saving a child’s life?
Human rights advocates were appalled that the possibility
of torture had even been raised. The German constitution
declares it unlawful to threaten with violence someone held in
police detention. Even more broadly, the United Nations Uni-
versal Declaration of Human Rights (Article 5) and the Interna-
tional Covenant on Civil and Political Rights (Article 7) both
provide that no person “shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.” Torture is
defined by the United Nations as “any act by which severe pain
or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him
or a third person information or a confession” (United Nations
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, Article 1).
DISCUSSION QUESTIONS
1. Is it ever acceptable to do something “bad” in order to reach
a “good” outcome? (In other words, does the end ever justify
the means?)
2. Does it matter that it was uncertain whether using torture to
get information would help?
Pierce 2E.book Page 22 Thursday, April 11, 2013 3:24 PM
RESOURCES
Dershowitz, Alan M. 2003. “Threat of Torture Raises Painful Moral
Questions.” Los Angeles Times, April 21.
Jessberger, Florian. 2005. “Bad Torture—Good Torture.” Journal of Inter-
national Criminal Justice 3: 1059–1073.
http://www.oxfordjournals.org/our_journals/jicjus/bad%20torture.pdf
United Nations, Office of the High Commissioner for Human Rights.
1987. “Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.” You can read the relevant
section here: http://www.un.org/cyberschoolbus/humanrights/
declaration/5.asp
DISCUSSION QUESTIONS
1. Should the nuns have been convicted of a crime and put in
prison?
2. Was their punishment overly severe? Was it severe enough?
3. How should the government respond to acts of civil resistance?
4. Should the government respond differently if the country is
at war?
RESOURCES
Bedau, Hugo Adam. 1969. Civil Disobedience. New York: MacMillen.
Brennan, Charlie. 2002. “A Force of Habits: Nuns Raid Silo Site.”
Rocky Mountain News, December 4. www.commondreams.org/
headlines02/1204-06.htm
Coffman, Keith. 2003. “Nuns Sentenced to Prison for Colorado Nuclear
Protest.” http://www.commondreams.org/headlines03/0726-01.htm
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