Exam 6: Integrity, Secrecy, and Trust

Gutmann states that if lawyers do not deliberate with their clients, then they act paternalistically, using them as means rather than ends in themselves. What does she mean by this, and what does she suggest to avoid this situation? Do you agree? Why or why not?

Ronald Duska | Whistleblowing and Employee Loyalty The issue Duska focuses on is when whistleblowing is permissible and why it is in need of justification in the first place. He argues against those who see whistleblowing as an act of disloyalty to a company by saying that corporations are not entities deserving of loyalty in the first place. He discusses how companies use teamwork to foster employee loyalty, which masks the primary goal of making a profit. The issue for Duska is whether a whistleblower has an obligation to society that outweighs the risk of retaliation. -According to Duska, companies are not the kind of things that deserve loyalty because they do not have the

Michael Davis | Some Paradoxes of Whistleblowing Davis presents the standard theory of whistleblowing and what constitutes circumstances in which whistleblowing is morally required of an employee. Three paradoxes follow from the standard theory (of burden, of missing harm, of failure), to which Davis responds with a complicity theory that avoids all of them. He uses the example of the Challenger in demonstrating a test of the latter. -The complicity theory distinguishes the whistleblower from the spy by requiring that what is revealed results from

Sissela Bok | Defining Secrecy-Some Crucial Distinctions Bok distinguishes secrecy from lying before defining secrecy as intentional concealment. She defines privacy as distinct from secrecy and explains how they nonetheless overlap in some instances. Conflicts of secrecy are generally conflicts about power and the control of information. The dangers of secrecy lead her to the challenge of an ethical inquiry into the nature of secrecy that preserves its neutrality without identifying it exclusively with favorable or unfavorable practices. -Control, or autonomy, over secrecy involves our

Lynne McFall | Integrity McFall starts with definitions of coherence and incoherence, the latter leading directly to loss of integrity when personal principles do not align with one's actions or motivations. She discusses the requirements for an agent to act with integrity, distinguishing between defeasible and identity-conferring commitments, the latter providing our most fundamental core values. -___________ commitments are those that determine our moral identities.

Amy Gutmann | Can Virtue Be Taught to Lawyers? Gutmann asks first what constitutes legal virtue and follows with discussions of the standard conception ("zealous advocacy"), the justice conception (social justice), and the character conception (practical judgment). All three are incomplete, according to Gutmann, lacking an emphasis on the importance of the deliberative virtues. These provide for a robust give-and-take between lawyer and client, such that the lawyer understands the client's goals, can inform the client of strategic legal options, and work together to arrive at a solution within or outside the adversary system. -According to Gutmann, the exercise of practical judgment by lawyers requires

Cheshire Calhoun | Standing for Something Calhoun presents the differences between personal and social virtues as well as those that are both. Integrity, according to Calhoun, is best understood as a social virtue, since much that is relevant to integrity cannot be explained merely from a personal point of view. She explains why hypocrisy, the shame of failure, and our support of the courageous are all best understood within the context of our relation to others in society. -A social virtue, such as ___________, concerns having the proper relation to others.

Cheshire Calhoun | Standing for Something Calhoun presents the differences between personal and social virtues as well as those that are both. Integrity, according to Calhoun, is best understood as a social virtue, since much that is relevant to integrity cannot be explained merely from a personal point of view. She explains why hypocrisy, the shame of failure, and our support of the courageous are all best understood within the context of our relation to others in society. -According to Calhoun, integrity means understanding that one's own ___________ serves the common interest of co-deliberators concerning what is worth doing.

Bernard Williams | Politics and Moral Character Williams looks at the politician as professional and, specifically, at what it means for a politician to act in "morally disagreeable" ways. He focuses on morally dubious acts that are political, such as trying to stay in office, as opposed to those having to do with personal enrichment. The question of whether morally disagreeable acts can ever be considered politically justified is his central concern. -According to Williams, only those who are ___________ to do the morally disagreeable when it is necessary have much chance of not doing it when it is not necessary.

Josiah Royce | Loyalty Royce defines loyalty in terms of the willingness to devote oneself to a cause. He distinguishes loyalty from emotion and something done purely for personal advantage, emphasizing the social aspect of loyalty in that others would potentially join a particular cause as well. He returns at the end to the personal spectrum, however, by suggesting that whether one is devoted to a good or bad cause, there are positive effects to be gained for oneself. -A cause worthy of loyalty, according to Royce,

Josiah Royce | Loyalty Royce defines loyalty in terms of the willingness to devote oneself to a cause. He distinguishes loyalty from emotion and something done purely for personal advantage, emphasizing the social aspect of loyalty in that others would potentially join a particular cause as well. He returns at the end to the personal spectrum, however, by suggesting that whether one is devoted to a good or bad cause, there are positive effects to be gained for oneself. -To Royce, loyalty is

Lynne McFall | Integrity McFall starts with definitions of coherence and incoherence, the latter leading directly to loss of integrity when personal principles do not align with one's actions or motivations. She discusses the requirements for an agent to act with integrity, distinguishing between defeasible and identity-conferring commitments, the latter providing our most fundamental core values. -Integrity, according to McFall, is the state of being

McFall states that we each have a "core," or fundamental, set of principles. Explain what she means by fundamental in this context and how this is related to the Olaf principle. Do you have such a set of core values? If so, what are they and how would you defend them as your most fundamental principles? If not, would you say your values have changed over time? What experiences have influenced these changes in your perspective?

Thomas Nagel | Ruthlessness in Public Life Nagel discusses the effects of public roles on personal morality and determines that a depersonalization of, or moral insularity from, one's behavior can occur when people act as agents of a larger institution. He presents the theory of obligation as a way to understand this moral peculiarity, analyzes personal and public morality of outcomes and morality of actions, concluding that personal moral restraints can guide public life even with its more impersonal and impartial goals. -Holding public office can shield people from their personal morality such that what they do in their official capacity is

Sissela Bok | Defining Secrecy-Some Crucial Distinctions Bok distinguishes secrecy from lying before defining secrecy as intentional concealment. She defines privacy as distinct from secrecy and explains how they nonetheless overlap in some instances. Conflicts of secrecy are generally conflicts about power and the control of information. The dangers of secrecy lead her to the challenge of an ethical inquiry into the nature of secrecy that preserves its neutrality without identifying it exclusively with favorable or unfavorable practices. -Privacy differs from secrecy, according to Bok, in that it

Case 6.5: Megan Rickel, "Chatty Doctors" -Given what you know about the code of ethics between physicians and patients, including patient autonomy, confidentiality, beneficence, and the duty to do no harm, what and who violated any of these principles in this case study?

Lynne McFall | Integrity McFall starts with definitions of coherence and incoherence, the latter leading directly to loss of integrity when personal principles do not align with one's actions or motivations. She discusses the requirements for an agent to act with integrity, distinguishing between defeasible and identity-conferring commitments, the latter providing our most fundamental core values. -McFall states that the opposite of integrity is

Amy Gutmann | Can Virtue Be Taught to Lawyers? Gutmann asks first what constitutes legal virtue and follows with discussions of the standard conception ("zealous advocacy"), the justice conception (social justice), and the character conception (practical judgment). All three are incomplete, according to Gutmann, lacking an emphasis on the importance of the deliberative virtues. These provide for a robust give-and-take between lawyer and client, such that the lawyer understands the client's goals, can inform the client of strategic legal options, and work together to arrive at a solution within or outside the adversary system. -The ___________ conception of legal virtue views as virtuous only those acts required by the legal pursuit of social justice.

Sissela Bok | Whistleblowing and Professional Responsibility Bok looks at what whistleblowers have in common with each other and what they must consider in making the difficult moral choice to speak out. Whistle-blowing involves dissent, breach of loyalty, and accusation-all of which require accuracy, fairness, and good judgment. A whistleblower must also be careful to compensate for potential bias involving personal gain or revenge. -A whistleblower must compensate for bias by being aware of the potential for

Amy Gutmann | Can Virtue Be Taught to Lawyers? Gutmann asks first what constitutes legal virtue and follows with discussions of the standard conception ("zealous advocacy"), the justice conception (social justice), and the character conception (practical judgment). All three are incomplete, according to Gutmann, lacking an emphasis on the importance of the deliberative virtues. These provide for a robust give-and-take between lawyer and client, such that the lawyer understands the client's goals, can inform the client of strategic legal options, and work together to arrive at a solution within or outside the adversary system. -The ___________ tradition of law is depicted by lawyers using their authority and expertise to pursue the understanding of social justice they think best.