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A Framework for Moral Reasoning Eric H. Gampel, Ph.D. This essay offers a systematic framework for reasoning about the kinds of ethical issues that come up in health care contexts. After an introduction to the topic of ethics, the essay sets out the maj or moral principles that are especially important to medical ethics, and then describes a five -step procedure for analyzing and resolving ethical issues that incorporates those principles. The procedure offers a principled alternative to the appeals to gu t instinct, tradition, and politics that all too often characterize ethical problem -solving. In closing, the essay discusses the fields of moral theory and moral philosophy, areas for further study that can also improve ethical decision -making. Ethics and Health Care Ethical issues involve matters of right and wrong, good and bad, virtue and vice, rights and responsibilities. When we take the moral point of view ,1 we evaluate human actions and characters morally, making judgments such as “Sara was wrong to unplug Uncle John from the respirator before the rest of the family could arrive”; or “Steve has a right to a pay raise after all he has done for the company.” We will refer to these as ‘moral’ or ‘ethical’ judgments. 2 Of course, the moral point of view is not the only point of view we can take: we can also consider whether something is cost -effective, legal, conducive to self -interest, in accord with applicable policy, beautiful, educational, interesting, and so on. But the moral point of view can be i dentified through four distinguishing features. 2 First, it is mostly about how we ought to treat people -- including, in some cases, how we ought to treat ourselves. The moral point of view is especially concerned with whether actions or persons harm other s, violate their rights, are unfair, or otherwise mistreat someone. Second, the moral point of view is normative and prescriptive ; its primary task is not a description of what the world is like, but a prescription of what people ought to do (or what a pe rson’s character ought to be like). The purpose of the moral point of view is to guide action, not simply to describe how things are. Third, the moral point of view often overrides other considerations, especially those of self -interest. This does not m ean that the moral point of view always prevails, only that we often judge that it should prevail. 3 Fourth, the moral point of view is universalizable , leading us to make moral judgments we expect others to share, even if they come from very different cul tural or religious backgrounds. This is most clear in the case of very general moral claims, such as the wrongness of deliberate harm, or of not giving people what they deserve. Of course, there are also moral claims we take to be ‘subjective’ or relative to a cultural context, such as whether honoring parents requires letting them choose your marriage partner, or whether to show respect through a handshake or by spitting at the ground. But there still seems a universal core: even if how we honor parents or show respect differs across cultures and communities, the importance of having some customary manner of doing so is a universal and uncontroversial human value. For some ethical issues there is not much controversy at all – just about everyone agrees ab out what would be the morally right (or wrong) thing to do. These include most of the actions forbidden by criminal and civil law in all cultures – murder, theft, assault, negligence, fraud. In health care contexts, such actions sometimes involve physici ans, 3 nurses, or other health care professionals (HCPs) who have become clearly ‘corrupt’ – stealing medications for personal use, providing inappropriate therapies for personal gain, writing ghost prescriptions to sell drugs on the black market, and so on. These kinds of ethical issues do not usually call out for analysis or careful reasoning – we know what is morally right, have passed laws to enforce it, and need only keep watch that any who violate the laws are prosecuted. But other ethical issues are le ss clear -cut. Should the truth be told when it will do harm to tell it? Do the bonds of friendship mean we must protect a friend or colleague, even in his or her unethical behavior? How far must we sacrifice our own interests to help others, and in what ways? When our jobs seem to require acts about which we have ethical reservations, should we ignore the job’s requirements and do what we believe to be morally right? Not everyone agrees about these kinds of ethical issues – they involve controversial q uestions about the shape of our ethical duties. Partly for that reason, it is common for there to be no laws, rules, or policies governing the more controversial ethical issues – or for there to be uncertainty regarding how to interpret or whether to foll ow any legal or institutional requirements. This is where clarity and careful ethical reasoning are important. We all must make choices involving ethical issues, and those choices stem from and help define our characters and our values. Moreover, the ch oices are often made in social contexts of friendships, families, and professional life, in ways that affect other people, are seen by others, and establish patterns of behavior for ourselves and others to follow. So how we resolve the less clear -cut ethi cal issues matters -- to us as individuals, to those directly affected by our actions, and sometimes to a broader community as well. 4 Health care is filled with these less clear -cut ethical issues, where law, policy, and widely shared moral rules do not set tle the question of what we should do. For instance, if family members of a dying woman disagree about whether it is time to unplug her from a respirator, how should the decision be resolved? If a patient does not consent to a beneficial treatment, shoul d a nurse try to further inform and persuade the patient, or simply let the patient’s decision stand? When not all can receive a scarce medical resource, such as an organ or simply a health professional’s time and attention, what criteria should be used t o select those who receive it? Such ethical issues saturate medicine, and form the material for the cases in this book. The Hippocratic tradition of medical ethics, beginning in ancient Greek times, sought to establish certain ethical principles and virtu es that would help physicians navigate the less clear ethical waters. For instance, physicians were often told “above all, do no harm” – an important reminder in the days when so little was known about how to cure, so that the use of untried and risky mea sures was a daily temptation. In general, the Hippocratic tradition handled ethical issues “in -house”, with an emphasis on developing virtuous character and good general dispositions. Physicians trained students to follow the time -tested ways, developing the bedside manner and character traits of a virtuous physician: a dedication to helping patients, a devotion to medical learning, respect for patient confidentiality, and loyalty to fellow physicians. This approach worked well enough, perhaps, when most physicians were general practitioners, working with patients whom they knew intimately for long periods of time. But in modern medicine, the explosions of technology and specialization since the 1960s have meant that health professionals often work in te ams, and meet their patients for the first time as referrals. 5 In addition, patients now come from diverse cultural, religious, moral, and linguistic backgrounds, increasing the possibilities for misunderstanding and moral disagreement. In this modern cont ext of health care, the number and complexity of ethical issues has also increased, and has led to the establishment of health care ethics as a field of study in its own right. Since the 1960s, a regular stream of books and articles have been published, e thics committees have been formed, and policies have been developed, all to come up with better ways to handle the kinds of ethical issues that arise in modern medicine. Individual HCPs must still navigate by their own moral compasses, but there is a scho larly background of medical ethics that has been shaped by a self -conscious and wide -ranging ethical reflection. One result of these labors is a set of major moral principles that have been agreed to as especially important to ethical reflection in health care contexts. Major Moral Principles Modern health care is now subject to a plethora of explicit laws, rules, and policies. For instance, only twenty years ago physicians just talked informally to the terminally ill about whether they would want ventil ation support or other life -sustaining measures. Today, there are multi -page advance directive forms, such as living wills and powers of attorney for health care, along with laws requiring that hospitals tell patients about the forms. As a result, most h ospitals have implemented policies requiring staff to obtain patient signatures indicating they have been informed about the availability of advance directives. Many such rules and policies were established in the name of ethics: to ensure that medical pro fessionals treat patients well, acting with compassion and respect for 6 individual rights. But the rules and policies are still not the ‘court of last appeal’ when considering what it would be ethical to do. For one thing, the rules can change, even drama tically, as evidenced by the rise of advance directives. More significantly, the rules sometimes conflict with other moral ideas. For instance, one might question whether it is humane to insist on every patient’s “right” to fill out a form about when he or she would like life -sustaining treatments withheld. What about a frightened patient facing a low - risk surgery, whose fear is exacerbated by considering the extremely unlikely situations addressed by advance directives? What about patients whose abilit y to think clearly is compromised by the anxiety of a medical emergency, by illness, or by medications? Might it be best not to worry about advance directives for such patients, at least low -risk ones? Should one perhaps “bend” legal or administrative ru les, for instance getting signatures indicating patients have been informed about advance directives by simply offering the signature in a stack of paperwork, without explaining the nature or purpose of advance directives? So HCPs cannot (and generally do not) just blindly follow the rules or the ‘standard’ procedure: they reflect on the situation, and evaluate what would be best, given the specific circumstances. For behind the rules and standard procedures, and behind the changes made in them over the ye ars, are other, more fundamental moral ideas and values. The field of bioethics has developed a short and useful list of the kinds of fundamental moral principles significant to medical contexts. 4 The following list has been organized around the acronym “CARVE”, as a memory aid: 5 7 1. Consequences (C): promote the best possible consequences for all those affected by your action. This very broad moral principle includes three sub -principles regarding the health and well -being of persons: a. The principl e of nonmaleficence (NM): refrain from causing unnecessary harm. This principle reminds HCPs to take due care not to subject patients to unnecessary risks, or to harm patients through their own negligence. b. The principle of positive beneficence (B): t ake action to benefit others. This principle identifies the goal of medicine: to help improve the health and well -being of individual patients. c. The principle of utility (U): act so as to produce the best possible outcome for the welfare of the group as a whole, when some people are harmed while others benefit. This principle directs HCPs to look beyond their individual patient, considering how a decision might be affecting other patients, family, and the general public. As a result, utility allows t rade -offs in which an individual patient’s well being might be sacrificed for the greater good, as in quarantines, mandatory inoculations, and violations of confidentiality that are required to protect third parties. 2. Respect for Autonomy (A): respect and promote the self -determination of competent persons. This is the principle behind rules of informed consent and truth -telling, since both seek to help patients make their own decisions about the course of their health care. The principle requires bo th letting 8 patients make their own decisions, and giving them the information about risks, benefits, and burdens that is relevant to their decisions. 3. Rights (R): respect individual moral rights, such as rights to freedom and confidentiality. This pri nciple directs HCPs to consider not just the legal but the moral rights of patients. 4. Virtues (V): act in accord with good character, expressing such virtues as honesty, courage, fidelity, integrity, and compassion. This principle focuses on the chara cter, motives, and intentions of HCPs and patients. 5. Equality (E): treat people with equal consideration and respect, being fair and not discriminating on the basis of morally irrelevant features (such as income, race, or gender). 6 Note that when equa lity and fairness are at issue, people often speak of “justice” and “injustice”, as they do when important moral rights are at stake. These principles as stated are completely uncontroversial, in the sense that everyone grants their relevance to the practi ce of medicine. Any controversy stems from the details of their interpretation, application, or relative priority. People have different views about how to define harms, benefits, competence, rights, virtue, and fairness, as well as how to weigh those di fferent considerations. But the principles provide a shared and systematic way of identifying the concerns important to health care ethics, a basis for further discussion and reflection. Even in today’s diverse environments of care, with persons from wid ely different cultural and religious backgrounds, the principles can serve – with a few caveats -- as common touchstones for reasoning about ethical issues. 9 What people agree on is not that the CARVE principles are exhaustive or absolute, but that they ar e prima facie obligations on practitioners – presumptive obligations that give moral reasons for action, though reasons that might be outweighed by other considerations (including competing moral principles from the CARVE list). This distinguishes the pri nciples from absolute obligations, which hold independently of context and may never be outweighed. Some people take the Ten Commandments to be morally absolute; what makes the CARVE principles different, and much less controversial, is that they are offe red for health care contexts only as prima facie obligations that identify the kinds of moral considerations we should take into account. The result is that when a moral issue comes up in a health care environment, progress can be made in discussions or in personal reflection by considering how the CARVE principles apply to the situation. (You will see many examples of the use of these principles in this chapter below, and in the commentaries throughout this book.) The principles cannot serve as a litmus test or simple decision procedure, of course, and HCPs are quite often faced with too little time to engage in detailed ethical analysis. But in many cases there is time, and it can always be done in retrospect, as HCPs seek to understand and improve on h ow situations are handled. The CARVE principles help identify the major values at stake, a first step in understanding a moral issue. Sometimes this is simple, for instance when a single CARVE principle is clearly the primary and decisive consideration t o take into account. But often one is blind to aspects of a case that are important, and going through all the CARVE principles can bring the other aspects to your awareness. Indeed, people tend to emphasize one or another principle in their own personal and professional ethical lives – some people pride themselves on their 10 compassion, others on their respect for individual rights – and those longstanding emphases can function as biases, albeit well -intentioned ones, that blind people to the other moral c onsiderations relevant to health care ethics. Going through CARVE, making sure one sees all the ethical dimensions of a case, can thus be a useful corrective device. The use of CARVE can also help overcome other kinds of prejudices and biases learned from one’s upbringing or training as a health care professional. For instance, until fairly recently physicians were trained under a paternalistic model, according to which physicians were to do what was best for the patient even if it meant protecting them f rom the truth, or not granting them full decision -making power. This model was based on a long -standing medical tradition, learned directly from one’s teachers, and it was associated with a cluster of gut feelings: compassion for the vulnerable patient, a sense of expertise, and feelings of authority, privilege, and integrity. This paternalist model has been overthrown in recent decades, mainly on the grounds that it conflicts with the rights and autonomy of patients, two CARVE principles. Many physician s resisted the change for quite a while, since it went against deeply rooted instincts about the nature of the compassionate, virtuous physician. But anti -paternalists argued that true compassion requires being responsive to the patient’s need for autonom y, and that true integrity requires respecting the patient’s rights. The point is that a blind following of one’s gut feelings risks making one unable to see the possibility of such arguments. Of course, the paternalist model could itself be defended on the basis of CARVE principles – giving primacy to the principles of beneficence and nonmaleficence. So having the list of CARVE principles is not going to resolve the question of whether physicians should be 11 paternalist. But the CARVE principles help art iculate the ethical controversy, and bring one’s attention away from the gut feelings inculcated by professional training toward the deeper values at stake. A Procedure for Moral Reasoning: the AJ Method The major moral principles are a useful tool in mor al reflection. The principles help identify the values behind different choices, ensure one has not missed important moral considerations, and provide a common vocabulary for discussions with others. But questions about how to interpret, apply, and weigh the principles are inevitable. As in any case where judgment is involved, there is no substitute for experience and practice in developing good moral reasoning skills: seeing many cases, making tough moral decisions, observing and living with the results . This book provides many cases on which to practice. You may well find that after reading a case, you have a “gut instinct”, an intuitive sense of what should or should not be done. The CARVE principles should help you identify the values behind that i nstinctive position. But after reading some of the commentaries, or discussing the case with others, you will usually find that your intuition needs further support: there are moral arguments and CARVE principles on the other side; and you could imagine a n intelligent and decent person having a different “gut instinct” about the case, based on a different understanding of the CARVE principles or their relative importance. Here it would be useful to analyze the case and the moral arguments more carefully, to better understand and possibly reevaluate your initial position. The procedure for moral reasoning described below involves five simple steps to take when faced with an ethical issue. 7 Going through these steps involves carefully 12 analyzing the ethical issue, and then justifying a position on how to best handle it; we will thus call the method the “Analysis and Justification Method” (or the “AJ Method”). This is not the only possible method of ethical reasoning, and it is not strictly followed by HCPs, ethicists, or other professionals involved in the field of biomedical ethics (lawyers, clergy, etc.). But the AJ Method incorporates most of the elements to be found in any good attempt to analyze and justify a position on a biomedical issue. We thus off er this method as a useful guide: simply reading through it can help further develop your skills in ethical reasoning, and it can be used more formally to structure group discussions, individual reflection, or essays on ethical issues. The first four steps in the AJ Method are ‘neutral’ ones, involving a careful analysis of the issue with which all parties should agree; only the last step involves taking a stand on the moral issue, and that step requires explaining and justifying (to oneself or others) why one set of reasons outweighs those on the other side. Going through the procedure does not guarantee avoiding mistakes or coming up with the right view -- no procedure can guarantee that everyone thinks clearly and insightfully, and there may even be more than one reasonable stand on a moral question. But the recommended procedure does provide a framework that helps one to minimize mistakes, and to better understand the deeper issues involved. The procedure is thus a way to expand your moral imagination, urging you to take into account more of the moral factors involved in an issue, and making your judgments more subtle, complex, and well -grounded. Step 1: Information Gathering (IG) The very first step in tackling an ethical issue is to make sure one fully understands the factual elements of the situation, and any background information 13 important to the issue. In bioethics this usually means learning as much as possible about: 1) the medical circumstances involved; 2) the implications of different de cisions for the lives of patients and their families (consequences); 3) the history of the situation, especially elements that are important to applying the CARVE principles of rights, virtue, and equality; 4) any relevant laws or institutional policies ; 5 ) economic considerations; and 6) the cultural and psychological dimensions of the situation, especially as they affect the determination of competency and the application of the CARVE principle of autonomy. In hospital bioethics committees, investigating these various kinds of information about a specific case means having extensive discussions with care - providers, other HCPs, families, and patients; in academic contexts, this may mean more scholarly research on the kinds of factors likely to be involved with the ethical issue under consideration. As an example, if a family is in disagreement over whether to end life support, we need to be sure we really understand 1) the medical circumstances: What is the medical condition, who made the diagnosis and prog nosis, how sure are they, and are there any differing opinions? We also should consider 2) the implications of a decision: What does ending life support really mean for the patient and the family? Does the patient have any prospect of enjoying a sustaine d life, or would we be causing needless suffering to keep the patient alive (nonmaleficence)? If life support were to continue, would family members be unduly postponing their lives or their grieving (utility)? In addition, we ought to be acquainted with 3) the history: What led to the current disagreement amongst family? Have each of them always felt as they do, or has there been an evolution in their views as the case progressed? How have medical staff dealt with the family over time 14 (virtue, equality )? Of course, we need to also know about 4) law and policy: Who has the legal decisional power within the family, as a legal proxy if there is a power of attorney, or as next of kin? What is the policy of the institution about family disagreements: is there a clear directive or informal norm allowing delays until a family works out its disagreements? Is there room under law or policy for questioning decisional power in a case like this one, e.g. are there questions about motive or competence which are cl early relevant to applying law or policy (rights)? What are the penalties, if any, for going against the legal or policy mandates? Would jobs be lost, or civil suits likely to succeed against the institution? This brings out the matter of 5) economic co nsiderations: What would be the economic burdens of continued treatment, or the risk assessments regarding the likelihood of being sued (utility)? Would continued life support take money from an estate, and are some family members concerned about that? F inally, we should consider 6) the cultural and psychological dimensions of the situation: Are there religious differences between family members leading to their disagreement? Is there evidence of what the patient would have wanted (autonomy)? Do some fa mily members want to avoid the guilt of going along with a decision to end life support? Is there a rift in the family that leads inevitably to fights, no matter the issue at hand? These various questions need to be explored to make progress in figuring out how the situation should be handled. Step 2: Creative Problem Solving (CPS) The ideal way of dealing with a tough ethical dilemma is to come up with a creative plan of action that avoids the ethically troubling alternatives, while still solving the pro blem that created the dilemma. This requires a strategy that cannot be reasonably 15 objected to on moral grounds. In health care contexts, this is often where ethical reflection begins and, with a little good fortune, ends, in a creative strategy which all parties recognize to be consistent with each of the CARVE principles and (thus) ethically untroubling. For instance, if an expensive, medically recommended procedure is not covered by a patient’s insurance, and the patient cannot afford to pay for it, the re is an apparent dilemma: forego the procedure, at risk to the patient’s health, or provide the procedure anyway, billing the patient while knowing payment will never be forthcoming, requiring that others absorb the costs (through higher charges for medic al services, government reimbursements, or decreased profits). If we choose to forego the procedure, we are violating the principles of beneficence and perhaps equality; but if we provide the procedure without expecting the patient to pay, we are arguably violating the rights of those who would have to absorb the costs – perhaps other patients who would be paying higher charges, or taxpayers, or shareholders, depending on how the costs would be absorbed. This is a dilemma about the demands of justice , wi th claims of fairness and rights on both sides. A creative solution would avoid the moral problem -- which means finding a way to provide good health care to the patient without requiring that others absorb the costs, thereby not violating any major moral principles. But how? Here a bit of creative (and optimistic) thinking is in order. Perhaps there is another medical procedure, covered by the patient’s insurance, which is a reasonable alternative to the one that is not covered? Or perhaps further ne gotiations with the insurance agency can convince it to extend the coverage in this instance? Or maybe the funds can be found elsewhere – an organized charity, or a fund -raising campaign by 16 family and friends? If any of these strategies worked, ethical c ontroversy would be avoided; the problem would be solved. This stage of moral reasoning is perhaps the most important one for the everyday practice of health care. People in the health care professions are very talented at it, and take it to be a major pa rt of their jobs. Psychology and counseling are quite often at the center stage in such creative problem solving, since ethical dilemmas are often raised by conflicts amongst patients, family, medical staff, and insurance companies, and those conflicts ma y be dissolved through good dialog, further information, and various other practical strategies (e.g. participation in a support group, viewing of informational videos, etc.) When conflicts between the parties can be resolved, the dilemma goes away as eve ryone agrees on the proper course of care. But this is not always the case: sometimes health care professionals cannot find successful creative solutions, and must face the hard choice between morally troubling options. Step 3: Listing Pros and Cons Fac ed with the hard choice, one must explore the moral reasons for and against each of the morally troubling choices, the moral “pros and cons”. To keep track of the various ethical considerations, one can construct a simple list of the main options, and the reasons for or against each option. As mechanical as such a procedure seems, keeping track of all of the important moral arguments can make a tremendous difference in the quality of moral reasoning. In a group setting, it ensures all participants have t heir reasons written down and addressed, and in personal decision -making it provides a map of the relevant moral reasons for further analysis. In addition, this is the point where the CARVE principles are especially useful. After going through the moral reasons you take 17 to be obvious, go through each CARVE principle and see what it would lead you to consider important about the case. This often brings out moral factors you miss at first glance, given your own initial bias about the case, or your specific moral perspective. Even if a consideration seems trivial, if it is backed by a CARVE principle perhaps it deserves further thought. The resulting list of moral reasons has the following form (with the CARVE principles included in parentheses to identify the general values behind each reason): OPTIONS PROS CONS 1st Option 1. Reason for 1 st Option (CARVE Principle) 3. Reason against 1 st Option (CARVE Principle) 2nd Option 2. Reason for 2 nd Option (CARVE Principle) 4. Reason against 2 nd Option (CARVE Principle) The goal at this stage is to provide a map of the moral reasons for further reflection, a map that will be neutral in an important sense, viz. that people who disagree about which option is best could still accept the map as identifying the m ain moral considerations important to the case. Usually it is best not to list trivial reasons, since that can clutter up the chart, and to keep the options to two or three. Note that not every pro/con box needs to be filled: as long as there is a reason or argument listed on each diagonal (in a two - option chart), each option has something in the chart that is in its favor. Also, be prepared for cases where a reason could fit either as a pro for one option or a con against an alternative. For instance, one might argue for providing surgery for the reason that it could save the patient’s life (a pro), or against foregoing surgery because the patient 18 could die (a con). Rather than double -entering this basic idea, it is best to list the reason one place or the other but not both. Step 4: Analysis The next step is the most challenging and difficult one, where the strengths of the various reasons in the pro/con list are evaluated. The key here is to be thorough, seriously considering whether each reason is a strong one, taken independently or in comparison to other reasons on the pro/con list. One way to do this is to keep in mind the question: What assumptions are necessary to consider the reason extremely important? Some assumptions will be 1) factual , in the sense of not directly involving moral values. They would involve the sort of factual information to be investigated in Step 1, but it may be that there is no good evidence or agreement about the factual issue involved, so that different persons migh t make different assumptions about it. 8 In bioethics such assumptions are typically about the likelihood of an outcome, the long -term consequences of a decision, or the true motivations or intentions of the parties. In contrast, other assumptions will be about the deeper 2) values and moral principles at stake, and their relative importance. For instance, if one is considering a complicated rehabilitative surgery to give a disabled patient full use of his arms, one might be making factual assumptions abo ut the degree of risk or the likelihood of success, or one might be making a value assumption about whether it is worth risking a patient’s life to improve its quality in this way. Thus, a reason should be considered a strong one only if it is quite likel y to protect or promote an important value. These two judgments, of likelihood and importance, rest on factual and value assumptions that need to be examined. 19 This is especially apparent when people from different religious or cultural backgrounds are inv olved in a case or its analysis, since such differences often go along with radically different assumptions. For instance, some people from religious traditions assume that spiritual strategies of healing have a very good chance of success. So when physi cians admit that an illness is not easily treated with a proven cure, some religious people forego the recommended but uncertain medical strategies, in favor of their spiritual approach. Note that this choice is based on a factual assumption of the relig ious persons that spiritual strategies have good prospects for curing. The assumption is not ‘factual’ in the sense of ‘provable’, but it is factual in the sense that it has to do with the factual outcomes involved, not with the weighting of values. Alte rnatively, a religious person might place more value on reverence for life itself, apart from the quality of the life. This could lead to avoiding surgical risks, on the basis of a different value assumption than the one made by a person who counts life n ot to be worth living, once its quality drops sufficiently. Notice that this analysis step is still ‘neutral’, in the sense that people who disagree about which option is best can agree on the analysis. At this stage one is only further exploring the reas ons, considering what might lead a person to take a reason to be especially strong (or weak), and raising questions about the factual and value assumptions thus unearthed. This means that even before making up one’s mind about a case, or taking a position in a discussion, the proposed method requires one to imaginatively put oneself in the shoes of those who weigh the reasons in different ways. Nevertheless, this can bring to light the more vulnerable or unsupported assumptions, thus leading into the next step of taking a position and defending it. For instance, if an 20 assumption that is crucial to considering a reason a strong one is factual, one can ask if there is any good evidence for it, or if one would be making a mere guess. If one would be guessin g, is it reasonable to base a morally significant decision on such a guess? Alternatively, if an assumption is evaluative or moral in nature, one can ask if there are any good moral reasons for that assumption: why should we interpret rights or autonomy in the requisite way, and what moral assumptions are built into that way of interpreting the value? This process helps one to see which are the more and less reasonable weightings of the reasons, since some of the assumptions are likely to look more plausi ble than others. In addition, looking at the assumptions behind the evaluation of reasons helps identify what really lies at the core of disagreements about which option is best. In this context a useful question is: What difference in basic assumptions c an explain why reasonable people might disagree about the strength of a reason? Once again, sometimes the differing assumptions will be about the factual elements of a case -- what is the likelihood of a certain outcome, how a patient will accommodate to a certain outcome. At other times the assumptions will be about the values at stake. But it is important to figure out what is the real source of a difference in perspective about the case. People in health care contexts often focus their discussions and arguments on the strictly factual aspects of bioethics dilemmas: on what the chances are for recovery, on the likely outcome for various parties, on the relevant psychological and legal factors, or on the long -term consequences of a given decision. These are matters about which 21 health care professionals can offer their expert judgments, and such matters are reasonably comfortable to discuss. But restricting the conversation to factual matters risks ignoring the underlying value issues at stake, and it is at least equally important to consider those issues. Indeed, there is sometimes little or no good evidence for some of the factual predictions on which people base their arguments, raising the question of whether their positions are really based on somet hing else, specifically on value assessments that are more difficult to defend. For instance, one might argue for the rehabilitative surgery mentioned above on the grounds that it safe and quite likely to succeed, when the real reason is that one doesn’t much value a life of disability. So it is important in this analysis step to question any factual assumptions for which there is no real evidence, in case a deeper value commitment is really at work, and then to consider whether that value commitment can be adequately supported. Step 5: Justification At this point one has identified the relevant moral reasons, the moral principles on which they depend, and the factual and value assumptions being made by those who take one or another reason to be especial ly significant. This means one should have a good understanding of the ethical issue, why people might disagree about it, and usually a sense of which option has stronger moral support, in light of the reasons, principles, and assumptions one has determin ed to be most important or plausible. The next step is to work through a systematic justification of the morally preferable option. The key to a successful justification is this: 22 Identify why the reasons for one option are more convincing than the reason s on the other side, based on a reasonable assessment of the factual and value issues important to the case. Working out a systematic justification can be done in different spirits -- simply to test one’s initial view, or as a final defense of one’s positi on. It can also be done in different contexts -- as a presentation at a meeting, in conversation with friends, as a series of notes on paper for oneself, or in a formal essay for sharing with others. In any of these cases, it is always important to cover all the reasons someone could consider significant, i.e. all the reasons listed in the pro/con chart. Here is an outline of this process that can aid in constructing presentations or written work: I. Introduction : Briefly introduce the moral issue, and i ndicate the option your analysis has shown to be morally preferable. II. Support : For each reason in Pro/Con chart that supports the option you prefer, write a paragraph explaining what your analysis has shown about the reason. Identify why it is stron g or important (if it is), and discuss and defend any factual or value assumptions behind that judgment. (Note: the reasons that “support” an option include a) the pros for the option, but they also include b) the cons against the alternative options, sin ce those provide indirect support by working against the alternatives). III. Defense : For each reason in the Pro/Con chart that goes against the option you prefer, write a paragraph detailing what your analysis has shown about the reason. Identify why i t is weak or unimportant, and discuss and defend any factual or value assumptions behind that judgment. (Note: the 23 reasons that “go against” an option include a) the cons directly against it, and also b) the pros that attempt to support the alternative op tions.) IV. Summary : Summarize the reasoning. Review the most important reason favoring the better option, and remind the reader why the main reason against that option is not as significant. This format ensures every reason from the pro/con list is ca refully presented and evaluated. All too often presentations and written justifications simply put forward the supporting side, including the reasons against alternative views, without explaining why the reasons on the other side, against one’s position, are not just as important. That can lead to parties speaking past one another, or to a kind of tunnel vision when working through moral dilemmas on one’s own. A way to avoid this is always to keep in mind a reasonable critic, one who disagrees with your position but is willing to hear your reasons and be convinced if the reasons are good ones. What could sway such a person to weigh the reasons as you would? Here the key is to further defend the factual and value assumptions behind your weighing of reaso ns. What is your evidence for the factual assumption about which someone might initially disagree? What kinds of moral argument can support a value assumption about the importance of one moral principle, as compared to the other principles at issue in th e case? Why might someone disagree, and what mistake or misunderstanding lies behind that disagreement? A sample case In the analyses throughout this book you will see commentators use the principles and techniques discussed in this chapter, though not us ually in the exact step -by -step manner described here. Before turning to those commentaries, it may be useful to review 24 the framework described in this chapter by considering how the CARVE principles and the AJ Method might be used systematically to tackl e a sample case. Here is the case: Following an auto accident Ms. A and her four children are admitted to a small rural hospital. Three of the children are doing well, but the fourth, a young girl, was dead on arrival. Ms. A suffers from broken ribs and internal bleeding; she is fully conscious, and deeply distraught over her children. She repeatedly asks how they are doing. Ms. A’s physician, Dr. B, assures her that her children are fine, and writes an order in the chart specifying that Ms. A is not to be told of the child’s death until morning, at which time her condition will have stabilized and her husband will have arrived to support her. Ms. A’s nurse, Ms. C, understands the physician’s concerns but worries that patients have a right to the truth and, in any case, thinks it would be horrible to have to look her patient in the eye and repeat a lie of such magnitude. 9 After the physician has gone, Ms. A asks, “Tell me the truth, are my children all ok, and why can’t I see them?” Ms. C wonders wheth er she shouldn’t tell this mother what she so clearly wants to know. In this case, it is not obvious at first glance what would be the right thing to do: if Ms. C tells the truth it might cause Ms. A’s condition to worsen, perhaps causing her death; but faced with a direct question the only other option seems to be to tell a lie, one of great magnitude. Telling the truth is responsive to Ms. A’s rights and autonomy, but it threatens to violate non -maleficence, arguably the most important principle governin g the care of patients. So this is a genuine moral dilemma, one worth wrestling with. Step 1: Information Gathering 25 The most crucial information here concerns the risk to Ms. A: how serious is that risk, and thus what are the chances that we are violatin g nonmaleficence if we give Ms. A the news of her daughter’s death? Investigating this requires more information about Ms.

A’s medical condition , and the potential implications of telling her the bad news, i.e. how likely is it that being told the bad new s would threaten her life or complicate the recovery process? These could be discussed with Dr. B, Ms. C, and other medical experts, if available, and we could do general research on traumatic injury cases, to understand the kinds of injuries involved and the kinds of threats such injuries make to continued survival. We could then look for any studies about the implications of psychological or emotional stress on the relevant physiological conditions involved in traumatic injuries, such as blood pressure and heart rate. Perhaps there is good evidence in the medical or psychological literature that emotional stress or grief has a dramatic effect on such physiological conditions, and thus evidence that there is a substantial risk to Ms. C if she is told the bad news. Or perhaps there is evidence that there are no such dramatic effects, e.g. a study indicating that there are no known cases where emotional trauma was causally important to a patient’s death. We might also investigate the history of the person s involved here and their relationships: does Ms. A have a good and trusting relationship with Dr. B and/or Nurse C? Do Dr. B and Nurse C have high regard amongst other HCPs and patients, or do they have a history of questionable decisionmaking? Was Ms. A promised by medical staff that she would be kept informed about her children, e.g. if she protested their absence at some point? These historical factors affect how to apply the principles of rights, virtue, and equality (fairness), and could substantia lly shape a decision about what to do. 26 As for the law and policy issues, these are probably (as always) quite complex, since the contemplated lie (normally against law and policy) is in defense of a life, which law and policy often explicitly or implicitl y allow as an exception. But there might be relevant case law worth exploring, or a history of cases at the specific institution -- and these might concern not only the general question of informing at -risk patients, but also the question of the role of n urses in withholding such information on physician’s orders. It is unlikely that economic considerations are crucial here, though it might be worth looking into a risk assessment regarding a potential suit by Ms. A or her survivors should we make one cho ice or another. But it would clearly be important to know more about Ms. A’s cultural and psychological situation, if possible: is she someone prone to extreme emotional reactions, or more even -keeled? Is she from a cultural or religious tradition that m ight affect her way of seeing the loss of a child, or the event of having been lied to about her child? Step 2: Creative Problem Solving The information gathered in Step 1 might resolve the case – perhaps there is clearly no risk to Ms. A’s health, and the physician is simply misinformed. But more likely, the information has only enriched our understanding without clearly resolving the issue. So the next strategy is to find a way out of the dilemma of whether to tell such a terrible lie, or risk killing M s. A with the truth. A natural thought is for Ms. C to try to avoid doing either, for instance trying to redirect Ms. A’s concern by saying “we need to worry about you right now”. This would not be a lie, and it might avoid causing Ms. A emotional distres s. Alternatively, Ms. C could simply pretend ignorance of the children’s condition, which would involve a lie, 27 but arguably a less troublesome one than saying that all the children are fine. Notice, however, that these techniques could actually cause Ms. A to become more irritated and anxious about not receiving the answers she is seeking, which may still risk causing her condition to worsen. So the strategies might be worth trying, but if they do lead to psychological frustration and physiological decli ne, the nurse would still be faced with the question of whether to ease the anxiety by telling the lie. Another creative strategy would be to find other family or close friends to support Ms. A before telling her the truth. One could even make sure her hu sband is on the phone, having been informed of the situation – and perhaps he could help assess whether Ms. A would be able to handle the news, with his knowledge of how she deals with emotional difficulties. But notice that these sorts of strategies stil l involve acting against the physician’s orders, a moral concern involving virtue and rights, so they do not completely avoid the dilemma. Another possibility would be to medicate Ms. A so that she is unable to ask or worry about her children. Of course, this may be an unreasonable option, given Ms. A’s condition, but it may be that induced sleep would be medically advantageous, in which case it is a solution that would avoid the dilemma. Step 3: Listing the Pros and Cons Let us suppose these creative str ategies all fail, or face serious moral objections, so Ms. C faces just two primary options: telling Ms. A about the death of her daughter, or lying and saying her daughter is still alive. Of course, there are lots of different ways of telling the truth -- bluntly and insensitively, or with care and compassion. And there are different ways of lying -- saying her daughter is perfectly OK, saying you are unsure how 28 she is doing, or saying she is in surgery. The differences are important to consider, but for simplicity, we can speak of two options, telling the truth and lying, keeping in mind that there are various ways of exercising each of the options. The question then is which of the two options is the better one, and to make progress in answering it we can list the pros and cons, putting down the obvious ones first. In favor of telling the truth is that the mother has a right to know about the condition of her own child, which involves the CARVE principle of rights. But in favor of lying to her, despite h er apparent right to know, is the consideration that the physician has instructed the nurse to do so, and ordinarily nurses should follow physician’s orders. This involves the CARVE principle of virtue, since it is appealing to a general trait of characte r that nurses should have – a tendency to respect and follow the instructions of the physicians in charge of their patient’s care. Against that idea is of course the thought that lying is wrong, a violation of the autonomy and rights of patients; but agai nst telling the truth is the thought that doing so could seriously harm the mother, given her vulnerable medical condition. This leaves us with the following chart of basic moral pros and cons, with the related CARVE principles in parentheses: OPTIONS PRO S CONS Tell the truth 1. Ms. A has a right to know about her child (Rights) 3. It could cause her condition to worsen (Nonmaleficence) Lie 2. Dr. B has instructed Ms. C not to tell Ms. A about the daughter’s death (Virtue) 4. Lying is wrong (Autonomy, Rights) To be systematic, let us go on to consider each of the CARVE principles in more detail, 29 to see if we have missed anything. Nonmaleficence is represented by reason #3, the concern not to harm the mother with the news. Beneficence might lead one to try to comfort Ms. A with the lie, but that concern, while morally relevant in most contexts, is trivial in this one, and so it need not be included. Utility requires looking to all those persons affected by one’s choices, and that means con sidering others besides the mother, something not yet incorporated in the pro/con list. Who else might be affected? The other children, of course, if the mother is harmed by hearing the news. There is also a larger concern about the effects of lying on the reputation of health care professionals. If the lie is told, the mother may come to distrust and resent those who lied to her, and that sentiment is one she may share with others. This could harm the reputation of the profession – however important a nd well -intentioned the lie may have been – leading to future patients not trusting medical professionals, which could mean withholding information or even refraining from seeking medical assistance (at least until it is urgent, and perhaps too late). The se are significant concerns overlooked in the first list, and worth adding as a separate reason against lying (see below). As for the principle of respect for autonomy, it also goes against lying to Ms. A, since in misinforming one would be interfering wit h Ms. A’s view of the world for one’s own purposes. 10 This is already reflected in the chart for reason #4. Autonomy might also tell in favor of Ms. C making her own moral decision, rather than just following the physician’s directions, which would underc ut the importance of reason #2. That is worth noting, but it is something that can be considered later since it concerns an evaluation of the strength of a reason rather than a new reason altogether. Rights are represented – the right to know the truth a bout your children, and the right not to be lied to. Virtue 30 appears, as the idea that a good nurse should follow a physician’s orders. But notice that virtue can cut the other way: it is not obvious that the virtue of obedience should override virtues o f honesty and integrity in the nursing profession. So it would be worth inserting this idea into the chart, especially since Ms. C’s own concern, as reflected in the case description, seems to have to do with the matter of her own personal integrity in pa rticipating in the lie (see below). Finally, equality (and the related concept of fairness) do not seem directly relevant, unless one speaks of the unfairness of lying to the mother, something better captured by the idea of her rights. The revised pro/co n list then reads: OPTIONS PROS CONS Tell the truth 1. Ms. A has a right to know about her child (Rights) 3. It could cause her condition to worsen (Nonmaleficence) Lie 2. Dr. B has instructed Ms. C not to tell Ms. A about the daughter’s death (Virtue) 4. Lying is wrong (Autonomy, Rights) 5. May contribute to loss of trust in the medical profession (Utility) 6. Violates the nurse’s honesty and integrity (Virtue) Step 4: Analysis All the reasons listed in the chart are morally relevant, and have some moral force. What assumptions must be made to consider any one reason substantially stronger than another? The most obvious place to start is with 1) factual assumptions about how likely the truth is to cause the mother serious harm. One might a ssume that there is a significant 31 risk, on the grounds that this must be why the doctor wanted to wait until the morning, or based on general knowledge of the effects of emotional stress on the physiology of those under critical care. But is this sufficie nt evidence? Alternatively, one could argue that it is just as likely the doctor simply wanted to wait so the husband could deal with the mother and her emotional reaction, rather than having to deal with it himself. If we are forced to admit uncertainty about the likelihood of harm, it raises the question of what the ‘default’ position should be when one is uncertain about causing harm, which can involve 2) value assumptions worth exploring. For instance, one might be assuming that even a slight chance o f causing death is a powerful, overwhelming moral consideration, based on the idea that the most significant moral principle for health care is to avoid harm (nonmaleficence). Note that this is an assumption about values, not an assumption about the facts -- people who agree about the chance of causing death could disagree about its moral importance. For why think non -maleficence should override prohibitions on lying, or considerations of rights and autonomy? In recent years more emphasis has been put on respecting the rights and autonomy of patients, even when doing so means that patients may be harmed by hearing bad news, or be allowed to make poor choices. Why not extend this argument to cases where risk of death is involved? Here it might be useful to consider what led to the increased importance of autonomy and rights in health care, and whether the reasons extend to the current kind of case. Alternatively, one might assume patient’s rights and autonomy are so important that they can only be overrid den if there is clear and convincing evidence of its necessity to avoid serious harm. What could justify putting the burden of proof on the side of the 32 paternalist here? Is this based on a suspicion of the motives of physicians, or on a prioritization of principles of autonomy and rights? If the former, what is the evidence; if the latter, what considerations (or examples) might be used to show that the patient’s welfare should not be the sole or main focus of health care ethics? One way to think about this is to notice that there is a chance the mother will die even if lied to, and then she would die under the false belief that her daughter was fine. Is that a terrible thing, suggesting that there is something important about knowing (and telling) the truth regardless of the consequences? Or is it a mercy that the mother did not have to spend her last hours agonizing over the loss of her child, and perhaps her own responsibility for the death? Similar factual and value assumptions lie behind assessment s of the other reasons in the chart. Why think a nurse should follow a physician’s orders (reason # 2), even when those conflict with the nurse’s own moral judgment? Is that based on a factual assumptions about the role of nurses in medical practice, and the worry that if nurses were to second -guess physicians’ orders it would undermine that role and thereby cause patient harm? What is the evidence for that? If one assumes nurses should follow their own moral compass, valuing integrity and professional autonomy over obedience to physicians, what justifies that assumption? Again, is it based on assumptions about what would work better for the health care profession, for example that nurses are needed in certain cases to advocate for or protect patients a gainst mistaken or unethical conduct by physicians? What justifies that assumption? Or perhaps there are value assumptions at the root of this question of virtue: perhaps anyone, in any job, should always consider his or her own moral compass, at least w hen asked by superiors to do things which would be 33 a serious violation of his or her moral conscience. Perhaps that is a view based simply on the dignity of human beings, their ultimate autonomy to live by their own values. Another reason worth examinin g is #4, that lying is wrong. Some people assume all lies are serious moral violations, while others take beneficent and ‘white’ lies to be morally legitimate. 11 What is behind these differing assumptions? In the case at hand, all would agree the lie is one of great magnitude or import, so it isn’t a trivial or ‘white’ lie, but arguably it is a beneficent lie – designed to save a life. What assumption must be made to think this beneficence sufficient to justify the lie? Is the assumption that the reason lying is wrong is that it typically is harmful to persons to lie? Is that the essence of the wrongness of lying? Or is lying an interference with rights not so easily overridden by considerations of utility? What assumption must one make to think lying is wrong independent of such utility considerations? If no one is harmed by a lie – indeed, if people are helped -- what is left to make the lie wrong? Step 5: Justification At this point, having worked through the analysis, one should be better prepared to determine which option is morally preferable. There may be room for reasonable people to disagree about the current case, but let us consider the position that the nurse should lie to the mother, waiting until the morning and the arrival of her husband to tell her of her loss. A simple justification, fitting the recommended format, and with minimal information gathering involved, could be offered as follows: I. Introduction : “Faced with Ms. A’s continual request for information about her children, Ms. C should follow the physician’s orders and tell Ms. A her children are fine, 34 seeking to calm the mother and help her make it through the night, when she will be in a more stable and safer condition to receive the news about her loss.” II. Support : “The mo st significant reason for this course of action is the need to protect Ms. A from harm (reason #3). Telling Ms. A of the death of her child could cause her condition to worsen, and increase the risk that she will die. These are reasonably likely conseque nces, given that she is likely to feel substantial grief and anguish about her involvement, and those emotions are well known to cause physiological stresses that threaten those under critical care. The likelihood is further supported by the physician’s o rder, written in the chart, which indicates the seriousness of the threat in the eyes of the physician. It is not for a nurse to second -guess such a medical judgment. Moreover, it is extremely important that a nurse not cause such harms, or take substant ial risk of doing so. That is the primary ethical command in health care, since its purpose is defined by the goal of tending to the well -being of patients.” “Another reason for telling this difficult lie is that the nurse is on orders from the doctor to do so (reason #2). This is not a trivial reason, since physicians are in a clear line of command over nurses. It is an important virtue of nurses that they respect and obey the directives of physicians, since that is their nursing role and generally refl ects the differences in levels of education, training, and expertise. Nevertheless, it must be admitted that there is also an important role for nursing autonomy, even on medical questions about which the nurse is especially experienced, and certainly on e thical questions, since a physician’s medical 35 training is no guarantee of superior ethical instincts. In addition, respect for moral integrity requires that nurses be considered free to consult their own moral conscience. So if a nurse believes following a physician’s orders would involve a serious violation of ethics, it should be open to the nurse to not do so. As a result, this reason is not a strong one in this case – the nurse has serious reservations, and the existence of a physician’s orders does not alone settle what to do.” [Notice: each supporting reason listed in the chart above has been considered, although the author says one of the reasons is not a very important one. The goal is to represent one's own genuine views, not to simply use any reason that one can.) III. Defense : “A significant reason against lying is the simple idea that lying is wrong, a violation of patients’ rights and their autonomy (reason #4). For this reason to prevail, in the face of the risk to Ms. A’s life, we would ne ed to assume that considerations of rights and autonomy are of equal or greater import than ones of welfare in health care contexts. But what could justify such an assumption? The central mission of medicine is by any lights to serve patient well -being, and any rights or other moral rules are themselves best understood in the service of that mission. It is true that in recent years medical paternalism and its prioritization of patient welfare over autonomy has become less accepted, cut back by various rules and laws about informed consent and the rights of patients. But the history of these changes shows that the new rules and laws were developed precisely because they were seen as necessary to protect patients. Thus informed consent 36 rules have their bi rth in the discovery of the abuse of patients in medical research (most importantly in the case of the Tuskegee Syphilis Study). And many of the other rules are due to the decline of the family doctor and the rise of bureaucratic, specialized medicine, wh ere the familiarity and trust crucial to a paternalist model are far more rare. So while there are some good utility reasons for taking rights and autonomy seriously, they do not extend to situations where a person’s unwanted and preventable death might b e the result. In such a context, one should always look to the ultimate mission of medicine and err on the side of life. Another argument against lying is that the mother has a right to know information about her own daughter (reason #1). This is true, but there is the question of timing. The mother has the right to know at some point, but not necessarily right away, in a situation where knowing could endanger her health (or that of others). The right to know is like the right to free speech: it generall y holds, but not when someone wants to yell "fire" in a crowded theatre. Telling the mother the truth immediately would be like yelling "fire”, possibly leading to serious harm or death, and so we need not do so.” “There are also concerns about whether lyi ng in this case, or in cases like this one, could lead to a decrease in trust and respect for the medical profession (reason #5). Again, this is an important consideration, but not a crucial one. The mother will learn the truth in the morning, and it can be explained that the delay was to protect her own life given her unstable condition. Some mothers would focus on the loss of their child, and forget, forgive, or even be grateful for the beneficent lie. Others may be indignant and severely upset, but i t is doubtful that 37 would last very long. The chance that Ms. A will reject the paternalist justification, leading to a long -term distrust of the medical profession that leads to her not seeking necessary care, is fairly small, and worth risking in face of the alternative of definitely risking her health and survival this very night.” “Finally, the point can be raised that for the nurse to tell a lie goes against the virtues of honesty and integrity, virtues which we would want nurses to cultivate (reason # 6). Here the key is to recognize that those virtues, like all virtues, need to be evaluated in context. Honesty is important, as a basic disposition to tell the truth, but there are exceptions where telling the truth can be a vice. That is obvious when it comes to truths which are confidential or inappropriate, but it also means that there are some cases where lying is consistent with virtue, as in the trivial cases of white lies to put people at ease in social situations (“fine, how are you?”). As for integrity, if the nurse thinks through the arguments put forward here, she would recognize the moral legitimacy of the lie, and thus it would not violate her integrity to do so. So the virtues of honesty and integrity are insufficient to undermine the ben eficent lie in this case, as important as they are in other contexts.” IV. Summary : “As difficult as it may be for Ms. C, she should tell Ms. A that her children are doing well, to help increase Ms. C’s chances of getting through the night. The sole reas on is to avoid worsening Ms. A’s condition with the terrible news of her child’s death. Though telling the lie flies in the face of many ordinary moral norms, it is justified by the motive behind it – protecting the well - 38 being of the patient – and the pri macy of that motive in the mission of health care.” Further Steps: Moral Theory and Moral Philosophy This use of the above framework – the CARVE principles, and the five -step AJ Method -- may lead different people to different conclusions about the morally best way to handle ethical issues, in health care contexts and elsewhere. The advantage of using the framework is that it helps make each person’s reasoning more complete, subtle, and complex, but it does not ensure that all reasonable people will end up agreeing with one another. Perhaps nothing can do that, but some have tried, and in closing let us briefly consider two additional stages in the process of moral reflection. The first is the realm of moral theory , in which we step beyond our judgments ab out specific ethical issues and develop a more general moral outlook. 12 This is a natural and common theoretical step, as we seek to organize our moral ideas and make them more coherent, usually by basing them on a set of more fundamental moral principles or values. The theoretically simplest way of doing this is to find a single moral principle on which all our moral judgments can be based. One example of such an approach is a moral theory called “utilitarianism”. Someone who has committed to a utilita rian moral theory takes the CARVE principle of utility to be the most fundamental principle for moral thinking. This means that a utilitarian takes concern for the welfare of all to be the deepest, most general and most important moral consideration, lyin g at the base of all other thoughts about right and wrong, goodness and evil, virtue and vice. For instance, why should we respect individual rights, or the choices and autonomy of individuals? The answer, according to a utilitarian, is that doing so gen erally involves 39 more benefit than it involves harm – people do not like being interfered with, and generally fare better if left to their own devices. Yet in some cases, such as when the rich want to keep all their income despite the health care needs of the poor, or when a sick person is fearful of life -saving surgery, the utilitarian would set aside claims of rights and autonomy to do what would be best for all concerned. So a utilitarian offers a general answer to the question of what is morally right or wrong in any given situation: it is the choice, of the alternatives, that would promote the most general welfare for all who might be affected by one’s choice. 13 Sometimes the benefits and harms are difficult to calculate, so there can be moral controve rsies based on different factual assumptions; but if utilitarianism is right, there is no basis for a dispute over fundamental values – we should all share a fundamental concern for promoting the general welfare, and that value will decide any questions ab out whether to follow a certain moral rule or value in a given case. John Stuart Mill is the most well -known historical proponent of this moral theory, a theory which has had tremendous influence on moral and political thinking in the Western world. 14 Of course, there are other influential moral theories, which prioritize different moral principles, and that’s the rub: to enter into moral theory is to enter the realm of controversy all over again, though at a more general level. For instance, there are Ka ntians who prioritize a version of respect for autonomy over utility. 15 On a Kantian view, the most fundamental moral idea is that we should recognize other moral agents as rational beings -- as able to think and evaluate and reason for themselves – and we should respect the dignity of all such rational beings. This means putting far less emphasis on how people feel , and more on how they reason ; less emphasis on promoting health or 40 well -being, and more on respecting individuals; less emphasis on good outco mes , more on duties . Kantians thus embrace the idea of absolute restrictions on how we can treat other persons. As a result, they reject the utilitarian idea that we should treat persons in ways that promote the general welfare, for that may involve an i nsult to the dignity of an individual we may be using as a means to greater good. Instead, Kantians seek to base all moral reflection on some idea of respect for the autonomy and dignity of rational beings. There are different versions of Kantianism, bas ed on different ways of fleshing out this basic idea of respect for autonomy, and there is controversy over which of the different approaches is best. But like utilitarianism, Kantianism has been quite influential in Western ethical thought, helping creat e the recent emphasis in health care ethics on informed consent procedures, as well as having an influence on moral and political thought more generally. There are also moral theories that reject the attempt to base all ethical thought on a single princip le, while still seeking to provide a coherent story about what it is to take a moral point of view. One approach, called pluralism, insists that none of the major moral principles is fundamental -- different principles have more or less importance in diff erent contexts, with only our moral intuition to judge which principle should prevail in a given case. 16 Other theories stress the importance of virtue, and the development of a virtuous character, rather than the application of principles or rules. 17 Trad itional virtue theorists have sought to further develop Aristotle’s ancient theory of virtue, while some feminists have argued that the virtue of caring for others should be understood as the organizing idea for moral theory. 18 41 To enter moral theory is to i nvestigate these various alternative moral theories, and the kinds of arguments that have been offered for thinking one or another provides a better sense of how to organize and improve ethical reflection. The advantage of engaging in moral theory is that the focus can be on the general value disagreements, which may lead to progress on the larger questions of how to understand and prioritize basic moral principles and values. But a disadvantage is that one may lose a sense of why the value disagreements matter – one may only see what is truly at stake in taking on a general moral outlook if one considers individual decisions about cases and specific moral judgments. Those who study and write about moral theory usually handle this quandary by seeking what John Rawls has defined as “reflective equilibrium”: adjusting their moral theory in light of considered judgments about individual cases, and vice versa, until there is an overall coherence between the moral theory and what the theorist thinks, on reflect ion, is the morally best approach to individual cases. 19 This reflective equilibrium may not fit perfectly with some intuitions or gut instincts about cases, due to considerations at the more general level introduced by the moral theory; but one is searchi ng for the most coherent fit one can find between theory and specific moral beliefs. Once again, however, even if you do find a moral theory that is in reflective equilibrium with your various considered judgments about cases, other people may find that a different and competing moral theory is in reflective equilibrium with their own considered judgments. So how can the difference over moral theory be resolved, once the same level of reflective equilibrium has been reached by each party to the dispute? M oral philosophy is the field of study that seeks to make further progress through the most abstract kinds of questions about the nature of moral thought and discourse. 20 42 What is the relationship between our different moral concepts of the right, the good, and the virtuous? What would it mean to have a good argument for one moral theory or judgment over another? Is it matter of finding absolute certainty, or is some kind of intuitive probability sufficient? What would be the ultimate grounds of such a jud gment? Indeed, what are we even doing when we make an ethical claim? As G.E. Moore put it, how can we know what is good if we do not first figure out we mean when we talk about the good? 21 What kind of judgment is it that something is good, or that an ac t is morally wrong? Is ethical judgment the ascription of an objective property, like the property of being red or of weighing two pounds? 22 Or are ethical judgments subjective, matters of personal taste or emotion that make no claims to objectivity, as w hen we judge a fashion or a musical style to be good or desirable? 23 Yet could a mere difference in subjective tastes be the essence of disagreements about whether patients have a right to refuse treatments, or whether the rich and famous should be given p riority in organ transplants? This level of moral reflection, while quite abstract and seemingly detached, can sometimes enter into practical ethical thinking. A common example is when someone argues against interfering in the affairs of another person or culture, on the grounds that we and they have different ethical judgments, and it is not for us to impose our ethical judgments on them, since ethical judgments are merely relative. This line of reasoning argues from a relativist position in moral philos ophy to the conclusion that we should respect the moral views of others. Note though the paradox: the ethical conclusion about respecting others is not taken to be a relative one, so there must be at least some ethical norms that are not relative. This p rovides an example of how reflections at the most 43 general level of moral philosophy sometimes enter into everyday ethical life, for better or for worse. The upshot is that there is no end to the process of reflecting on moral questions. Which kinds of ref lection are most important is itself a matter of controversy, as is even the question of whether reflection is itself a good thing. This essay has offered a fairly uncontroversial approach, emphasizing principles and basic reasoning steps useful in evalua ting moral issues and justifying one’s position. The CARVE principles and the AJ Method procedure are more than enough for most of us, busy as we are to make our moral choices and get on with our lives. But for those who seek to go further, moral theory and moral philosophy are ways to deepen and enrich one’s understanding of the moral domain. 1 Kurt Baier, The Moral Point of View: A Rational Basis of Ethics (Ithaca: Cornell University Press, 1958). 2 Some writers ha ve made distinctions between ‘the moral’ and ‘the ethical’, with the moral being more closely tied to everyday notions of guilt, punishment, and explicit social rules. We will follow the more common usage and take ‘moral’ and ‘ethical’ to be roughly synon ymous. 3 The judgment that moral considerations should prevail is an overall normative assessment, not a narrowly moral one, a sense of what would be best “all things considered.” 4 See Tom L. Beauchamp and James F. Childress, Principles of Biomedical Et hics , 4 th Ed. (New York: Oxford University Press, 1994), pp. 28 -40. 44 5 This version of the list of principles, and the acronym, is from Becky Cox White and Eric H. Gampel, “Resolving Moral Dilemmas: A Case -Based Method,” HEC Forum , vol. 8:2 (1996), pp. 89 -90. 6 The Principle of Equality does allow unequal treatment if people are different in a way that is morally relevant. As an obvious example, emergency room personnel may treat a person with a jammed finger ‘differently’ than one in cardiac arrest, treati ng the latter more quickly and more intensively than the former, without being in violation of the Principle of Equality. 7 The use of a similar method in teaching is discussed in Eric Gampel, “A Method for Teaching Ethics”, Teaching Philosophy , vol. 19:4 (1996), pp. 371 -383. 8 The “facts” in this sense are not known or provable, but we might find that our own views presuppose that the facts are a certain way. 9 This case is adapted from B. Tate, The Nurse’s Dilemma (Geneva, Switzerland: International Co uncil of Nurses, 1977). The discussion is based on White and Gampel. 10 The principle of autonomy is usually understood to prohibit misinforming while requiring the provision of accurate information. Both involve shaping a person’s choices, but misinforma tion does so in a way that serves one’s own purposes – even if one’s purpose is beneficence -- and thus counts as a kind of interference, whereas informing a person as to the facts simply allows the person to make a decision in light of all the relevant in formation. 11 Sisela Bok, Lying: Moral Choice in Public and Personal Life (New York: Vintage Books, 1989). 45 12 For an accessible overview of moral theory, see James Rachels, The Elements of Moral Philosophy , 2 nd Ed. (New York: McGraw -Hill Publishing Company, 1993). 13 This is a version of utilitarianism called “act utilitarianism”, since we are applying the principle of utility to the individual act to see if it is morally best. A different suggestion is that we should follow the rules that would, if generall y followed, promote the greatest overall welfare. See Richard B. Brandt, A Theory of the Right and the Good (Oxford: Oxford University Press, 1979), pp. 271 -305. 14 John Stuart Mill, Utilitarianism (New York: Bobbs -Merrill, 1957). 15 This approach stems fro m the work of the 18 th Century German philosopher Immanuel Kant. For a good historical survey of Kantian and other moral theories, see T.C. Denise, S.P. Peterfreund, and N.P. White, eds., Great Traditions in Ethics , 9 th Ed. (Belmont, CA: Wadsworth Publish ing Company, 1999). 16 William Ross, The Right and the Good (Oxford: Oxford University Press, 1932). 17 For an overview of virtue ethics, see Elements of Moral Philosophy , pp. 159 - 179). 18 Nel Noddings, Caring: A Feminine Approach to Ethics and Moral Educatio n (Berkeley: University of California Press, 1984). 19 John Rawls, A Theory of Justice (Cambridge, MA: Harvard University Press, 1971), pp. 20 -21, and 46 -50). 20 For an overview that emphasizes these more abstract questions, see Gilbert Harman, The Nature o f Morality (NY: Oxford University Press, 1977). 46 21 G.E. Moore, Principia Ethica (Cambridge: Cambridge University Press, 1903). 22 Moore defended this sort of objectivity of ethical properties in Principia Ethica . For a defense of ethical objectivity in the tradition of virtue ethics and natural law, see John Finnis, Natural Law and Natural Rights (Oxford: Clarendon Press, 1980). In the Kantian tradition, see Christine Korsgaard, Sources of Normativity (Cambridge: Cambridge University Press, 1996). 23 For an account that emphasizes ethical attitudes and emotions, see Allan Gibbard, Wise Choices, Apt Feelings (Cambridge: Harvard University Press, 1990). Another kind of subjectivism has been developed by Simon Blackburn, who draws an analogy between subjective color judgments and ethical judgments; see “How To Be an Ethical Anti -Realist” in Essays in Quasi -Realism (Oxford: Oxford University Press, 1993).