Workplace privacy argument using ethical theory

Question Discussion 1 The purpose of this discussion is to give you the opportunity to apply ethical theories to the complex issue of ageism in the workplace, particularly in the area of employment. In the modern workplace, there appear to be the following three key issues that exhibit ageism in employment, some of which have been exacerbated by recent economic issues and an aging population:

Workplace privacy argument using ethical theory

Effectiveness of torture for interrogation The basic ethical debate is often presented as a matter of deontological versus utilitarian viewpoint.

A utilitarian thinker may believe, when the overall outcome of lives saved due to torture are positive, torture can be justified; the intended outcome of an action is held as the primary factor in determining its merit or morality.

The opposite view is the deontological, from Greek "deon" dutywhich proposes general rules and values that are to be respected regardless of outcome. However, if the outcome of policies allowing torture are uncertain or if the outcome can not be definitely traced back to the use of torture then there can be a utilitarian view that torture is wrong see issues related to the ends justifying the means in analysis of the ticking time bomb scenario.

No one who doubts that this is the case should be in a position of responsibility. A utilitarian argument against torture is that the majority of tortures are employed not as a method of extracting information, but as a method of terrorizing and subjugating the population, enabling state forces to dispense with ordinary means of establishing innocence or guilt and with the whole legal apparatus altogether.

During the investigation of Italian Prime Minister Aldo Moro 's kidnapping, General Carlo Alberto Dalla Chiesa reportedly responded to a member of the security services who suggested torture against a suspect, "Italy can survive the loss of Aldo Moro.

It would not survive the introduction of torture. Judicial torture was a common feature of the legal systems of many countries including all Civil Law countries in Europe until around the French Revolution. This was part of ancient Greek and Roman Law theory that remained valid in Europe.

Roman Law assumed, for example, that slaves would not tell the truth in a legal court as they were always vulnerable to threats from their owners. Their testimony could only be of value if it were extracted by a greater fear of torture.

Legal scholars were well aware of the problems of false testimony produced by the threat of torture. In theory torture was not meant to produce a confession as such, but rather details of the crime or crime scene which only the guilty party would know. The Spanish Inquisition is probably the most infamous example in which torture was used to extract information regarding allegations of heresy.

In early modern times under certain conditions, torture was used in England. For example, the confession of Marc Smeaton at the trial of Anne Boleyn was presented in written form only, either to hide from the court that Smeaton had been tortured on the rack for four hours, or because Thomas Cromwell was worried that he would recant his confession if cross examined.

When Guy Fawkes was arrested for his role in the Gunpowder Plot of he was tortured until he revealed all he knew about the plot. This was not so much to extract a confession, which was not needed to prove his guilt, but to extract from him the names of his fellow conspirators.

By this time torture was not routine in England and a special warrant from King James I was needed before he could be tortured.

Utilitarianism

The wording of the warrant shows some concerns for humanitarian considerations, the severity of the methods of interrogation were to be increased gradually until the interrogators were sure that Fawkes had told all he knew. In the end this did not help Fawkes much as he was broken on the only rack in England, which was in the Tower of London.

Torture was abolished in England around except peine forte et dure which was abolished in The use of torture in Europe came under attack during the Enlightenment. Cesare Beccaria 's On Crimes and Punishments denounced the use of torture as cruel and contrary to reason. The French Revolution abolished the use of torture in France and the French Armies carried abolition to most of the rest of Europe.

The last European jurisdictions to abolish legal torture were Portugal and the canton of Glarus in Switzerland Under codified legal systems such as France, torture was superseded with a legal system that is highly dependent on investigating magistrates and the confession remains The Queen of Proofs.

Such magistrates are often under pressure to produce results. It is alleged that in many cases police violence towards suspects has been ignored by the magistrates.

In the adversarial system of Common Law used throughout the English-speaking world, the experience is a different one.

Workplace privacy argument using ethical theory

As the two parties have to convince a jury whether the defendant in a case is guilty or innocent of a crime, if the defence can persuade a jury that reasonable doubt exists over the credibility of a confession then the jury is likely to disregard the confession.

If the defence can show that the confession was made under such duress that most people would make such a confession, then the jury is likely to question the confession's credibility. Usually the more duress that can be shown to have been used by law enforcement by the defence, the less weight most juries will place on confessions.

In Britain partly to protect the individual against police brutality and partly to make confessions credible to a jury, all interviews with a suspect are audio taped on a machine which make two simultaneous copies one for the police and one for the defendant. In Northern Ireland, where society is more polarised than in the rest of the United Kingdom, which means that allegations of police brutality are perceived by sections of the community to carry more credence, interviews are video taped.

It has been alleged that in certain circumstances torture, even though it is illegal, may have been used by some European countries.

In "anti-terrorist" campaigns where information is needed for intelligence purposes, and not to obtain a confession for use in court, there is a temptation by the security forces, whether authorised by governments or not, to extract intelligence from alleged terrorists using any means available including the use of torture.

Where there is a time component to a crime, for example in a kidnapping case, there is also a temptation for the police to try to extract information by methods which would nullify the use of such information in court.

NON – CONSEQUENTIAL ETHICS

Proponents[ edit ] Some scholars have argued that the need for information outweighs the moral and ethical arguments against torture. The Harvard law professor Alan Dershowitz argues that in extreme situations, in order to prevent a tragedy, a "torture warrant" should be issued by U.

This would make the use open to security, even though it would be against the Geneva conventions [and other international treaties].

This utilitarian position is both contemptible and persuasive Two academics at Deakin University in VictoriaAustraliaProfessor Mirko Bagarica Croatian born Australian based author and lawyer, [10] who is the head of Deakin University's Law School, and a fellow Deakin law lecturer, Julie Clarke, published a paper in the University of San Francisco Law Review arguing that when many lives are in imminent danger, "all forms of harm" may be inflicted on a suspect, even if this might result in " annihilation ".This paper is an argumentative essay on the issue of workplace privacy.

With the SE of ethical theory, the paper will argue against the notion that an individual’s privacy is more important than any other consideration in the workplace. Utilitarianism, Kantian Ethics, Natural Rights Theories, and Religious Ethics A “utilitarian” argument, in the strict sense, is one what alleges that we ought to do something because it will produce more total happiness than doing anything else would.

Act utilitarianism (AU) is the moral theory that holds that the morally right action, the act. Employees who use drugs have double the rate of absenteeism, higher job turnover rates, and cost three times as much in terms of medical benefits as those who don't use drugs.

Further, it is argued that society has a moral duty to protect the health and safety of its citizens. Drug abuse in the workplace constitutes a serious hazard to others. The ethical theory deals what is viewed to be right or wrong and as seen, the actions of the employers to limit the privacy of the employees have been supported with the use of both deontological ethics as well as utilitarianism.

If you answered yes, you were probably using a form of moral reasoning called "utilitarianism." Stripped down to its essentials, utilitarianism is a moral principle that holds that the morally right course of action in any situation is the one that produces the greatest balance of benefits over.

Using at least one ethical perspective or theory from the text and one item of scholarly evidence, present an argument to a group of younger workers (regarding older worker and youth employment) in which you refute the /5.

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