Saturday, December 7, 2019

Modelling Ethical Theories Compactly

Question: Discuss about the Modelling Ethical Theories Compactly. Answer: Introduction: The ethical considerations are typically interrelated to the computing profession as mentioned by Warren and Lucas (2016), a fundamental problem in computer ethics arises because there is policy vacuum about how the computer technology should be used and how this profession should be directed. The computer ethics faces a number of threats related to the issues like privacy, property protection and many more. Here, in this essay, the legal dispute between Apple and Samsung has been analysed in reference to the ethical theories like utilitarianism, deontology, virtue and contract. The author has concluded the discussion with a decision that has suggested by the ethical theories. Discussion: The report of CNBC has identified that how the computing industry is facing the issue with protection of the intellectual property rights. The case shows that Samsung has infringed Apples intellectual right over the iPhone design. According to the US legal framework the lower courts has directed Samsung to pay the total profit of the copied smart phones of Samsung (Stock Markets, 2017). However, the Supreme Court has directed to review the order of the lower court which has posed a threat to the rights of Apple. This particular case arises a few ethical dilemmas like the debate over private greed vs. public good, profit vs. affordability and the ownership rights vs. right to communicate (Broad, 2014). With the following ethical theories these dilemmas can be analysed. The utilitarianism: As mentioned by Melden (2013), the utilitarian theory of ethics proposed by Jeremy Bentham is the belief that an action can be identified as good if its final effect is to produce more happiness than unhappiness. The utilitarianism largely concentrates on the consequences of a certain act. Hence, in the case of the infringement of the intellectual rights of Apple by Samsung can be declared as a right one as it is capable of creating more good than bad. As mentioned by Khayatzadeh-Mahani, Fotaki and Harvey (2013), the coping of the useful features of machineries by the less costly companies is creating public good by liberating the useful technology from the shackles of private greed of the inventors. Hence, the decision made by the Supreme Court can be identified as for greater good. Hence, it is needed to make necessary changes within the legal framework of the US. The deontological theory: On the other hand, the ethical theory of Deontology proposed by Immanuel Kant can be identified as a belief that an action needs to be guided by the moral laws those are universal. As mentioned by Loreggia, Rossi and Venable (2017), the deontological theory of ethics concentrates on the moral aspects of a certain action not on its consequences. The deontological theory will always oppose an action that contravenes the universal moral guidelines no matter of its consequences. Hence, under the light of deontological theory the act of infringing the intellectual property right of Apple is ethically wrong. Copying the inventions without prior notice or consent of the inventor is theft which is universally wrong (Spike Lunstroth2016). Hence, whatever the consequence Samsung may create by copying the model of iPhone, it needs to be identified as theft and ethically wrong. The deontological theory advocates the protection of the intellectual property right or the ownership rights. Here, the decision of the Supreme Court is needed to be reviewed and the order of the lower court needs to be sustained. The theory of virtue: The virtue theory explains that it is important for the individuals to act as a virtuous person would act in a certain situation. As mentioned by Melden (2013), the virtue ethics identifies certain traits as the ideal character traits. The major idea behind the theory of virtue is to concentrating on the person not the action. It focuses on the virtue or the moral characters of a person rather than the consequence or the ethical obligations. As mentioned by Broad (2014), the qualities like honesty, generosity, loyalty, faithfulness, unconditional love etc. can be identified some characteristics those can make a person virtuous. Contrary to the aim of the deontological or the utilitarianism of finding an universal principal that can be used in any moral situation, the virtue theory concentrated on indentifying How should I live?. Hence, this particular theory provides amoral guideline to individuals. Here, in the context of Samsungs violation of the property right of Apple is tough to analyse by this theory. However, this theory has described some characteristics as virtuous like honesty. Though it is a moral guideline for the individuals, Samsung has surely violated the rule of honesty for leading its commercial endeavours. Moreover, the ethical dilemma that the courts are facing can be solved by the thought that a virtuous man would never indulge into an act of theft or copying without prior consent. Hence, the act of Samsung can be identified as ethically wrong under this theory. The theory of social contract: As mentioned by Jones (2016), the ethical theory of social contract identifies a concept that to maintain order, the individuals and the intuitions need to be agreed upon morality based a set of rules. This theory advocates that the modern society needs to maintain a government and a set of government supported rules and any contravention of these rules will be identified as wrong and should be punished. In the case of Apple vs. Samsung, the latter has violated the set contract of the US government. As described by Melden (2013), the social contract theory identified any violation of the legal frameworks as ethically wrong as they are the framework based on some moral guidelines and socially accepted to be complied with. Hence, the legal violation of Samsung is wrong and the company should be punished as per the law of the US. Conclusion: Hence, it can be identified that the ethical theories explains the situation of ethical conflict arisen in the case of Apple vs. Samsung in diversified manner. However, all the three ethical guidelines has identified the act of Samsung as ethically wrong from various perspectives. Only the deontological theory has identified it as an act of greater good. However, it cannot be accepted as it ignores the other perspectives identified by other theories. Hence, it can be said that the Supreme Court should order in favour of Apple or sustain the order of the lower court. References: Broad, C. D. (2014). Five types of ethical theory (Vol. 2). Routledge. Jones, S. (2016). Doing the right thing: computer ethics pedagogy revisited. Journal of Information, Communication and Ethics in Society, 14(1), 33-48. Khayatzadeh-Mahani, A., Fotaki, M., Harvey, G. (2013). Ethical theories and values in priority setting: a case study of the Iranian health system. Public Health Ethics, 6(1), 60-72. Loreggia, A., Rossi, F., Venable, K. B. (2017). Modelling Ethical Theories Compactly. Melden, A. (2013). Ethical theories. Read Books Ltd. Spike, J. P., Lunstroth, R. (2016). Using Ethical Theories as a Tool for Understanding Cases. In A Casebook in Interprofessional Ethics (pp. 19-29). Springer International Publishing. Stock Markets, E. (2017). CNBC US Home. CNBC. Retrieved 10 January 2017, from https://www.cnbc.com/ Warren, M., Lucas, R. (2016). Ethics and ICT: Why all the fuss?. Journal of Information, Communication and Ethics in Society, 14(2).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.