Public Health Ethics: Global Cases, Practice, and Context
1.2 Public Health
1.3.4 Ethical Theories
As used here, an ethical framework refers to a tool or approach for practically addressing ethical challenges that often includes a stepwise procedure. An ethical framework may rely heavily on just one ethical theory, but frameworks generally take a pragmatic approach that procedurally allows for using a variety of theories or principles as the issue or context demands. Whereas an ethical framework has a practical orientation, an ethical theory also addresses more fundamental questions, so-called “metaethical” questions. Does morality originate in divine command, human nature, or human convention? Is it essentially a habit, intuition, form of rea- soning, or a quality or purpose of an action? An ethical theory will offer a distinct, coherent understanding of the source and nature of morality that will shape how one reasons about moral issues and determine which principles are most important. Two persons employing the same theory, however, will not necessarily reach the same conclusion about an ethical issue; much will depend on which aspects of the issue they deem most important and on how they weigh different factors. Nevertheless, because a particular ethical theory tends to favor certain principles or types of prin- ciples, using the same theoretical approach will lead to similar lines of reasoning and selection of principles .
The diversity of ethical theories does not imply their mutual opposition so much as points to the extensive range of the moral landscape and the need to illuminate its various contours. A helpful way of illuminating this landscape is to distinguish theories depending on whether they focus on the actor, the action, or the results of action. To illustrate this particular way of carving up the moral landscape, Table 1.1 describes some well-known ethical theories.
Aristotle’s virtue ethics is an ethical theory that focuses on the moral character of the actor or agent (Bartlett and Collins 2011 ). Classic virtues are dispositions or stable patterns of behavior that lie between extremes of vice; courage, for example, lies between the extremes of cowardice and foolhardiness in taking risks. Habit and practice are necessary to develop virtues whose possession we equate with good character and that equip a person to be effective in society or an organization. Because good character translates into virtuous action that others aspire to emulate,
we tacitly invoke virtue ethics whenever we ask how an outstanding public fi gure or health leader would handle a situation. In a modern professional context, virtues also include the skills the profession has identifi ed that lead to success in that pro- fession and which professional education and training instill in practitioners. Once established, virtues readily become the standards of obligation and accountability to evaluate professional performance and function similarly to the rules and principles of duty discussed below. Holding public health institutions accountable for the pro- fessional competence of their employees illustrates virtue ethics (Public Health leadership Society 2002 ). More recently, th e capabilities approach has exploited the potential of virtue ethics to guide decisions about policy or interventions in a way that goes beyond matters of professional training and responsibilities. This approach takes a broader developmental view of human agency and capacity building. It con- ceives health as a fundamental capability necessary for individuals to succeed in society, one on which many further capabilities depend (Sen 2009 ; Ruger 2010 ).
An ethical theory that focuses on action or, more properly, the rules governing action, is deontology. The word deontology comes from the ancient Greek word, deontos , which means duty. Because duties oblige us to obey rules that govern actions or conduct, they bind or constrain the will ahead of action. In judging whether an action is right or wrong, deontology ignores consideration of harmful or benefi cial consequences and relies on these rules of duty to serve as the standard of judgment. People usually have rules of duty or obligation in mind when they speak of ethical standards or worry that standards are breaking down. Examples of these rules include religious commandments to honor parents , not lie, or not steal and Table 1.1 Ethical theories
Theory Agent-centered Deontology Utilitarianism
Focus Agent Action Result of action
Key fi gure Aristotle Immanuel Kant John Stuart Mill Main
Virtues : Acquired habits, skills, or dispositions that make people effective in social or professional settings
Duties : Ethical rules or commands that constrain one’s action or defi ne obligations owed to others
Results : Good or bad outcomes of actions and policies or their benefi cial or harmful effects on individuals and society
Examples Honesty, courage, modesty, trustworthiness, transparency, reliability, and perseverance
Ethical and religious commandments, obligations to seek justice or respect persons and their rights
Burdens, risks, harms, or costs versus the benefi ts, advantages, or savings resulting from interventions or policies Ethical
Doing what a virtuous person would do in a given situation
Fulfi lling an obligation or duty owed to oneself or society
Maximizing the net balance of benefi ts over harms
Uses Assessing skills and capacities needed for success in a community, organization, or profession
Establishing compliance rules and regulations, and setting standards for evaluating actions and behavior Conducting population- level cost-benefi t, risk-benefi t, or cost-effectiveness analyses
rules of social interaction such as treating people fairly, doing them no harm, or respecting their rights. Rights often are said to stand in reciprocal relation to duties. Thus, the right to free speech presupposes a duty to respect the right of others to speak or the public health obligation to ensure conditions for maintaining health presupposes a right to health .
Deontology as a theory owes most to Im manuel Kant’s view of the “good will” and his closely linked account of autonomy . A person of morally good will does the right thing for its own sake, which means acting purely for the sake of duty. Duties are moral rules or laws that bind the will and limit the scope of action. For Kant, basing decision for one’s action solely on duty without regard to the potential good or bad consequences of the action is the only legitimate basis for moral action. Kant even goes so far as to say that “a free will and a will under moral laws are one and the same” (Gregor et al. 2012 ).
Kant conceives duty as the quintessential expression of autonomy , which may come as a surprise to those who equate autonomy with rational free choice or even just following one’s preferences without interference. However, the meaning of autonomy for Kant derives from its literal meaning in Greek, autos (self) and nomos ( law) ; namely, self-legislating. Autonomy enacts from within the moral rules and principles that bind the will and guide action. However, not every self-originating impulse should be obeyed; only actions conceivable as universal laws morally bind the will. Morally laying down the law for oneself entails legislating for everyone, but universally legislating does not mean asserting one’s will over others. Nor does it mean that the ethical content of a moral law or duty is valid eternally and every- where. Rather, it refers to the “categorical imperative” an unconditional require- ment for an action to be moral. To qualify as a duty, a rule that commands action must apply to every rational person. Stealing, for example, could never qualify as a duty , because a situation where everyone steals from everyone else would undercut the one-sided advantage of stealing that the thief hopes to exploit. Although self- directed, autonomous action is necessarily other-regarding.
Kant maintains that the categorical imperative can be expressed in two other ways equivalent to universality, namely, “respect for humanity” and a “kingdom of ends” (Gregor et al. 2012 ). In each, this other-regarding dimension of autonomy is evident. Respecting humanity means never treating persons as mere means or objects but always treating them as ends, that is, regarding them as fellow autono- mous agents. Autonomously agreeing on actions, interventions, or policies requires that decision makers mutually consider and understand their reasons for action and be willing to abide by the rules derived from these reasons as laws they collectively impose upon themselves (O’Neill 2002 ).
The idea of a fellowship of mutual consideration comes out most clearly in Kant’s concept of a kingdom of ends. This concept is really the ideal of a systematic union or commonwealth of autonomous individuals making law s that apply to everyone. This ideal presupposes that ethical deliberation places respect for others as ends, as autonomous agents, above self-interest. The core idea is that we only consider actions that could gain acceptance by a community in which all see them- selves as sovereigns who lay down universal laws binding on themselves and others.
The hope is that the body of law governing society progressively embodies this ideal. Such mutual regard in laying down the moral laws that will bind one’s actions differs signifi cantly from insistence on noninterference with individual free choice, let alone with personal preferences. Conversely, the aspiration behind Kant’s view of autonomy harmonizes well with the public health obligation to address collective problems through collective action.
For utilitarianism , judging the rightness of an action depends on an estimation of its subsequent practical outcome or result rather than on its conformity to principles of duty . Utilitarianism considers ethically best that course of action that will result in the greatest net benefi ts over harms. A utilitarian approach underlies cost-benefi t analyses that weigh an intervention’s costs ( risks , harms, burdens, or disadvantages) against its benefi ts (advantages, utility, improvements, cost savings). In addition to its focus on consequences, utilitarianism is egalitarian, communitarian, and scien- tifi c in outlook. It is egalitarian in considering everyone’s benefi t and equally weighting each person’s good, as opposed to privileging certain people. It is com- munitarian in attempting to increase benefi ts to society rather than individuals, seeking the “greatest good for the greatest number.” It endeavors to be scientifi c by quantifying harms and benefi ts, accounting for probability, and calculating net ben- efi t. Calculating net benefi ts over harms is less problematic when relevant factors employ a common scale of measurement, for example, weighing the fi nancial costs of treating a disease with the cost savings from preventing that disease. Comparing different outcomes (e.g., fi nancial costs versus quality-adjusted life years ) some- times involves diffi cult judgments about the relative value of each outcome. Because the utilitarian approach seeks to determine and promote the collective good based on aggregate measures, it readily lends itself to justifying public health interventions .