Common morality defined

The system of basic rules that thoughtful people use (usually implicitly) when they make moral decisions and judgments.

Gert, Common Morality (p. 4)

Gert’s “Decalogue”the norms of common morality

Part 1: protection against basic harms

• [1] Do not kill• [2] Do not cause pain• [3] Do not disable• [4] Do not deprive of freedom• [5] Do not deprive of pleasure

Part 1: basic norms

• Life is precarious and fragile

• We are at risk of injury and interference from others

• Individual interests may tend to collide and conflict

• Morality as “reminders:”• Limits on our actions• Boundaries of the lives of

others

all negative prohibitions

Baseline of human vulnerabilities

Most serious forms of harm

Vulnerability to death -- conflict Implicit exceptions:

self –defense?

George Zimmerman and Trayvon Martin Implicit exceptions:

self –defense?

Basic Norms of Part 1• Create an expectation of compliance

• Establish a tacit pattern of reasoning and justification:

• All things being equal, rational agents should act as the basic norms demand…..

• Unless circumstances require otherwise.

• Burden of proof for claiming exceptional circumstances

• Importance of protections rarity of exceptions

Toyota recall – lethal accelerator pedal defects (2010)

Government orders mandatory recall

Indicates organizations (like corporations)can be held to the norms of common morality

Do Not Kill

Do Not Cause Pain

Gert’s “Decalogue”part 2

• Part 2: basic qualities of human• relationships

• [6] Do not deceive• [7] Keep your promises• [8] Do not cheat• [9] Obey the law• [10] Do your duty.

Part 2 norms: “survival conditions” of human transactionsLegal institution of contract stems for this basic moral expectation

Basic norms of Part 2

Appropriate forms of human relationships

dependence on trust and honesty

human social vulnerabilities

Lance Armstrong, 7-time Tour de France winnerPlaying by the rules?Honesty?

Diana Nyad, marathon swimmerPlaying by the rules?Honesty?

Ryan Braun, Milwaukee BrewersPlaying by the rules?Honesty?

Using PED’s is justified if everybody is doing itPlaying by the rules?Honesty?

Appeal to competition?

Alex Rodriguez, NY Yankees

Obey the law.

Establishes general expectation in favor of law abiding conduct.

Obey the law.

Civil disobedience as a principled means of protesting an unjust law.

Rosa ParksMontgomery, AL1955

Do your duty.

Point of “articulation” with role morality and the norms of organizations

For the sake of society’s order and well being…. perform the duties and functions of your various roles

Do your duty.

Appeals to role can create legitimate exceptions to

basic moral norms Parent: “grounding” a child legitimate exception? Do not disable Do not cause pain Do not deprive of freedom

Do your duty.

Attorney: concealing knowledge of client’s guilt impeaching victim’s credibility

during cross examination

Duty of confidentialityDuty of zealous advocacy for client egitimate exceptions to moral norms?

Do your duty.

Business practitioner: personal gain Can this establish legitimate exceptions to the

norms of common morality? The Broker The Widow

The “structure” of moral reasoning and decision

basic behavioral norms (Gert’s “common morality”)

intermediate practical principles (Rachels’ “What is morality?)

specific ethical decisions and judgments