What is the difference between ethics, morality and the law?

The world around us is a smorgasbord of beliefs, claims, rules and norms about how we should live and behave.

It’s important to tease this jumble of ethical pressures apart so we can put them in their proper place. Otherwise, it can be hard to know what to do when some of these requirements contradict others. Let’s talk about three different categories of demands on how we should live: ethics, morality and law.


Virtue ethics

What makes something right or wrong?

One of the oldest ways of answering this question comes from the Ancient Greeks. They defined good actions as ones that reveal us to be of excellent character.

What matters is whether our choices display virtues like courage, loyalty, or wisdom. Importantly, virtue ethics also holds that our actions shape our character. The more times we choose to be honest, the more likely we are to be honest in future situations – and when the stakes are high.


Deontology

What makes something right or wrong?

One answer comes from the work of German philosopher Immanuel Kant, who is considered the founder of an ethical theory called deontology. Deontology comes from the Greek word deon, meaning duty. It holds, quite simply, that actions are good or bad based on whether they fulfil universal moral duties.


Consequentialism

For lots of people, what makes a decision right or wrong depends on the outcome of that decision.

Does it increase or decrease the amount of happiness in the world? This kind of thinking is typical of consequentialism: an ethical school of thought that says what makes an action good or bad is, you guessed it, the consequences.


Purpose, values, principles: An ethics framework

An ethics framework is a statement of an organisation’s purpose, values and principles.

It makes clear what they believe in and what standards they’ll uphold. It’s a roadmap to good decision making and, if it’s lived throughout the organisation. It’s also a guide to making an organisation the best version of itself.

Trying to make a decision without knowing your purpose, values and principles, is like being at sea without a rudder. They’ll be pushed around by the winds of our desires, mood, unconscious mind, group dynamics and social norms. The choices they make won’t really be their own.


What is ethics?

Ethics asks how we should live, what choices we should make and what makes our lives worth living.

It helps us define the conditions of a good choice and then figure out which of all the options available to us is the best one. Ethics is the process of questioning, discovering and defending our values, principles and purpose. It’s about finding out who we are and staying true to that in the face of temptations, challenges and uncertainty. It’s not always fun and it’s hardly ever easy, but if we commit to it, we set ourselves up to make decisions we can stand by, building a life that’s truly our own and a future we want to be a part of.


Care is a relationship: Exploring climate distress and what it means for place, self and community

As part of their 2023 Ethics Centre residency, researchers Dr Chloe Watfern and Dr Priya Vaughan collaborated with researchers, artists and service providers to explore creative approaches to climate distress, and the ethics of care for place, self, and community in the context of ecological crisis.

Why is it that we are touched most by the things closest to us? Touched, as in, made to feel something strongly, to care in its meanings as both a verb and a noun – to feel concern for and to want to protect or nurture a child, a parent, a special place, a garden, or the bird out the window. It’s a question with an obvious answer. Because they are close. Because they can be felt, sometimes even touched.  

Traditional moral theories require us to be unemotional, rational, and logical. For example, we are thought (or urged) to objectively calculate the extent to which our actions will lead to a good outcome for the greatest number of people. However, in the context of our daily lives, an ethics of care highlights the pull of relationships and feelings, like love and compassion, in our moral decision-making.
 

Tentacle, n.
Zoology: A slender flexible process in animals, esp. invertebrates, serving as an organ of touch or feeling. (Oxford English Dictionary) 


The first recorded use of the word “tentacle” in the English language was in 1764, when A. P. Du Pont wrote that “the fingers, or tentacles, end in a deep blue.”  

At about this time, the industrial revolution was just beginning in Great Britain, continental Europe, and the United States. Humans in these places gradually, and then very rapidly, moved away from producing things by hand. Coal, iron and water were the core elements of this rapid transformation in societies, extraction and exploitation its drivers. Today, we are at the coal face of its legacy.  

Where will all this lead? To a deep blue? To a burning world? To unaddressable environmental collapse? To rubble, ash, and mud?  

Care in an era of climate distress

Certainly, we know and feel that the living systems of the earth have been deeply compromised by human activities. This knowledge is a source of intense distress for many of us. At the same time, the collapse of systems creates new and ancient forms of distress, as homes and lives are destroyed or radically altered.  

More and more of us care as more and more of us are touched by the effects of our collective actions: biodiversity loss, pollution, global boiling. What might we do with our bare hands, our sentient bodies, to make up for all the loss on our horizon? And where is the horizon anyway?  

Tentacular detail
Tentacular detail, collage, drawing and found objects

Professor Timothy Morton refers to global warming, like evolution, or relativity, as a “hyperobject”: something that is very difficult to comprehend using the cognitive tools that we humans have evolved to possess. Climate is everywhere and nowhere, in Antarctic ice sheets and cow belches, in bees and babies, in the cloud and the web, in bushfire smoke and too much (or not enough) rain on a tin roof.  

Does Earth’s climate care that it is boiling? We don’t know, because we don’t know how to ask. We can only guess. 

Stories of care

During our residency at the Ethics Centre in May 2023, we asked humans to share their stories of care. Colleagues, friends, family members, clinicians, artists, researchers, elders, and knowledge keepers each brought an object that connected to community, self, or planetary care in the climate crisis. These objects – a clay pot, a biodegradable bin bag, leaves collected on country, a handful of seeds – held and evoked memories of grief and loss, but above all, connection with humans, more-than-humans, and places. Close encounters filled with care. 

Seeking a way to capture and share these memories, we asked these humans to help us create a tentacular creature: part cephalopod, part bird, part plant, part insect, part fungi, part human, part bacteria, part virus, part landscape.

For us, this tentacular creation was the perfect creature to hold stories of care, responsibility, hope, and fear in the context of our precarious and precious world.

Neither and both human and animal, nature and artifice, Tentacular collapses fictious binaries that have, historically, enabled the climate crisis to be seen as a problem with ‘nature’, rather than the total phenomenon it is.   

Tentacular participants at The Ethics Centre

Each tentacle of this collective artwork reaches outwards, seeking connection and offering stories that speak to the ways we might care, in responsible and responsive ways, for ourselves, each other, and the wounded world. Here, we share some evocative snippets from the stories of care that each person offered:  

Gadigal, Bidjigal and Yuin elder Aunty Rhonda DixonGrovenor grew up being taught to respect and care for country. She tells people “If we are in nature and enjoy it and care for it, then it nourishes us… Care is a relationship, it’s a two-way, it’s not just one person dominating.”  

“Care is a relationship, it’s a two-way, it’s not just one person dominating.” – Aunty Rhonda Dixon-Grovenor

Dr Priya Vaughan and Aunty Rhonda Dixon-Grovenor

Academic Dr Barbara Doran reflects on the tuition of a beehive: “The bees connected me to a more nuanced relationship with nature… Now, I’m more aware of rain, of flowering patterns, of birds: the ecosystem is amplified in my eyes. But after the fires, I’ve noticed an echo-effect. They have been splitting more than they usually do. This year is the first season with no honey. I’m noticing these resonant patterns in a climate changed world. The hive is my teacher, healer and sharpener of antennas.”  

Psychotherapist and Group Facilitator at We Al-li, Georgie Igoe asks us to consider threshold experiences: “For me, care means sitting with discomfort and uncertainty, opening ourselves up to the unknown – in the muck, in the grief, not sidestepping it but acknowledging its power.”  

Installation artist and theatre-maker Brownyn Vaughan shares the wisdom of her favourite writers and of her favourite swimming place: “The Mahon pool brought me up, it’s my go-to-place… Professor Astrida Neimanis tells us we must stop trying to ascend and transform. Instead, we must submerge, become part of the water.” 

Artist-survivor, and lived experience advocate, Lea Richards, mourns and advocates for the mountains: “Snow melt is mountain’s blood. I weep for the glaciers, so far from arid Australia, yet not separate. I imagine connections to those vanishing snows– a flow of water between us. If I conserve this precious blood, can I tend those far places, postpone the melting?”  

Tentacular, Care is a Relationship, UNSW Library

Embedded in many, perhaps all, of these stories is a conviction that we need to, as Bronwyn said, submerge, to acknowledge our place in the meshwork of the world, and in so doing, to learn with and from the environment. This means burying ego, rejecting a hierarchy where humans are at the apex, and attending in quotidian ways to what is happening to us and around us. Let’s become like tentacles, feeling our way into a better relationship with the world we care so much about. 

 

Tentacular, as part of the exhibition: Care is a Relationship is on display at UNSW Library until 17 November.

Applications for 2024 Residencies are now open until 30 November. Find out more about The Ethics Centre Residency Program.


But how do you know? Hijack and the ethics of risk

Hijack, the new Idris Elba-starring miniseries, opens with every airline passenger’s nightmare – a bullet, found in the bathroom of a plane. Within moments, things go from bad to worse.

The ragtag group of heroes, a collection of passengers led by Sam Nelson (Elba), a corporate business negotiator, find themselves in the middle of a hijacking plot, surrounded by criminals, and unable to get help from those down on the ground who, we quickly learn, are ensnared in the plot themselves. 

Such a format is not necessarily new – television and film have been littered with stories of hostile airline takeovers, from the big brash action of Air Force One, to the real-world horror of United 93, a tragic retelling of the 9/11 attacks. But what sets Hijack apart is its rapidly escalating sense of dread. Time and time again, Sam and his fellow passengers are faced with impossible decisions, and time and time again, they are foiled. That opening nightmarish feel only deepens – you know those dreams where everything goes wrong; where you are powerless; where the adversaries keep mounting? That’s key to Hijack’s tone, a story of ever-escalating horrors, through which Sam must try to keep himself – and his ethical code – alive. 

Indeed, this mounting sense of risk means that Hijack poses an interesting question about ethical deliberation under fire. Sam, who is well-versed in negotiation, but not well-versed in negotiation where the stakes are so high, must repeatedly make rapid-fire decisions. Does he send a text to his wife? Does Sam continue his attempted revolt after he discovers that the hijackers know who his family are, and will kill them if anything goes wrong? Does Sam rush the cockpit? And how responsible will he ethically be if he fails? How much blood is on his hands?  

Decision making turned up to 11

The problem of ethical decision-making under fire is essentially the problem of the difference between theory and practice. Sit people down and ask them what the right thing to do is, give them time, don’t hurry them, and psychological studies show that they’ll have a better chance of choosing the ethical answer.  

In a famous experiment known as The Good Samaritan, a group of priests-in-training were told to head across a university campus to deliver a speech on the importance of helping others. Some of these priests were given ample time to make it across the campus; others were told they had to rush. Along their trip, the experimenters planted a person in need – an actor, who feigned being sick, and asked for help. The majority of those priests who had been told they weren’t in a rush stopped to help. But the priests who had to move fast, and were stressed and distracted, largely ignored the actor – even though they were literally on their way to give a speech on how to care for their fellow human beings. 

The experiment shows that the more that pressure increases – particularly time pressure – the less likely we are to do the right thing. Which poses a significant problem for ethical training. How can you fight against the forces of a chaotic world?

Philosopher Iris Murdoch was aware of the everyday pressures that we meet constantly. For that reason, she considered ethical training a process which prepares us to act unthinkingly. The more we make the right decisions when we do have time, the more likely we are to shape our instincts to be more ethical, and therefore act virtuously when we don’t have time. In this way, Murdoch collapses theory into practice, treating them not as divorced from one another, but with theory informing practice. 

Which is a view that Hijack supports. Sam’s cushy day job has given him an unusual set of skills that he himself didn’t even realise that he had. All that work he conducted for years? It was training for this moment. 

Sam (Idris Elbra) in Hijack, Apple TV

The ethics of risk

A related issue pertaining to theory and practice is the unknowability of the future. Thought experiments and ethical dilemmas conducted theoretically can have clear right or wrong answers, based on outcomes. But when we’re actually moving through the world, we’re blind to these outcomes. More often than not, we’re stumbling through the ethical world, making decisions based on the hope that things will work out, but never actually knowing if they will. 

This is the ethics of risk, extensively covered by the philosopher Sven Ove Hansson. According to Hansson, “risk and uncertainty are such pervasive features of practical decision-making that it is difficult to find a decision in real life from which they are absent.”  

Hansson’s solution to this problem is to consider “fair exchanges of risk.” He forgoes the idea that we will never be perfect moral creatures. Because the world is uncertain, we can only ever move towards good ethical actors. There’s no way that we can ever always do the right thing, and nor should we expect ourselves to. Instead, we must try. That is the important part. 

So it goes in Hijack. Sam is a flawed main character, who frequently makes errors while trying to save those around him. But we, as audience members, forgive him for this. We don’t judge him for the plans that fail. We see his movement towards good behaviour, and that’s what matters. 

In that way, we can also see theory and practice moved out of contention with each other. Theory is the goal; practice is the action. We’ll never live in a fully theoretic state. But what Hijack tells us, is in the face of that impossibility, we should not throw up our hands. We should instead keep moving towards theory – a spot on the horizon that is forever escaping us, but that we never stop chasing. 


Now is the time to talk about the Voice

The Yes campaign is failing. If nothing changes soon, then October 14 will see constitutional reform fail, setting back recognition and reconciliation by years, if not decades.

And no amount of impassioned speeches by politicians, mass rallies by the Yes faithful, uplifting advertisements or – dare I say – editorial columns are likely to shift the needle towards Yes.

This is because voters who are currently unsure or leaning towards No have tuned out the “official” platforms. Their trust in mainstream media outlets has collapsed to single digit figures. It’s not even that they’ve switched to social media. It turns out that the only ones who have their ear are friends, family and colleagues. In this age of mass cynicism and social media schisms, it’s good old-fashioned relationships that still matter.

So, if you believe in the Voice, as I do, if you believe it represents an opportunity for Australia to take meaningful steps towards reconciliation with First Nations peoples, and if you believe it could be a stepping stone to a more unified Australia that each of us can be proud of, then your time to act is now.

But how? The key is to leverage the power of relationships and dive into conversations with your friends and relatives, especially people over the age of 55, who are currently the most likely to vote No. That’s your parents and grandparents, aunts and uncles, or if you’re in that age group yourself, your childhood friends or neighbours.

If the prospect of starting a “political” conversation with family members fills you with dread, that’s understandable. These conversations often succumb to pitfalls that only increase animosity and polarisation. But get them right and they can be transformational. If you’re brave enough to strike up a conversation over the dinner table, here’s how to do so constructively. In fact, these tips can help you have better conversations regardless of how you intend to vote.

First: show respect. It’s all too easy (and, in some circles, encouraged) to believe that those who disagree with us must be either stupid or malicious. Sometimes they are. But signalling disrespect is a surefire way to kill any possibility of persuasion. Even the faintest whiff of disrespect triggers defensiveness, and when that happens, constructive conversation is over.

One way to show respect is to hold your tongue and listen – really listen. Often, people get belligerent because they don’t feel heard. That means two of the biggest tools in your arsenal are your ears. Just listening carefully, asking a few questions and repeating back a summary of what they have said can be transformative. It makes them feel heard and it gives you a fighting chance of understanding where they’re coming from.

Do this before you’ve shared your views. Our natural tendency when we hear someone say something we don’t agree with is to immediately open our mouths and tell them that we think differently. But this sets you at loggerheads from the outset. Instead, hold back. Hear them out and show you’re interested into getting to the bottom of the matter. That way it’s not a tug of war between the two of you but one where you’re on the same side pulling against ignorance.

While listening, you’re likely to hear them offer reasons to support their view. Some will be authentic, but many will be post-hoc rationalisations of deeper unstated motivations. You can spot a post-hoc rationalisation because when you show that it’s false, it doesn’t change their mind. That means it was never the real motivation for their beliefs, just a distraction.

The trick is not to challenge or fact check post-hoc rationalisations head-on but to change the way they perceive the issue in the first place. Once you’ve generated enough goodwill, offer an alternative perspective on the issue. You don’t need to encourage, let alone demand, they adopt your perspective, just offer it as your reason for voting the way you intend to.

You’re nearly done. If you’ve made it this far, you’ve done just about all anyone can do in a single conversation. Thank them and move on to something else. Let them mull over your perspective, and perhaps in the next conversation you might be able to go deeper. Minds rarely change in a single sitting.

Of course, there will be times when the conversation goes off the rails. Maybe your discipline cracks and you scoff at one of their remarks. Perhaps they refuse to engage in good faith. Maybe they just want to troll you to get a reaction. If any of these happen, back out. Focus instead on reinforcing the relationship based on other shared values – family, sport, food, whatever it is that brings you together – so perhaps in the next conversation they won’t feel the need to get defensive, or offensive.

Good conversations, particularly persuasive ones, take work. But it is possible to avoid the worst pitfalls and have a constructive discussion. If even a few unsure voters are swayed, it could shift the tide of the referendum. And given the Voice is about being heard, it’s rather fitting each of our voices could help make the difference.

 

An edited version of this article appears in The Sydney Morning Herald.

Image: AAP Image/Jono Searle

For everything you need to know about the Voice to Parliament visit here.


Would you kill one to save five? How ethical dilemmas strengthen our moral muscle

Ethical dilemmas are, by their nature, uncomfortable or difficult to tackle, but they can also teach us a lot about our own values and principles and prepare us for an ethically complex world.

You’re about to take a major exam that will determine whether you get accepted into a potentially life-changing course. But you hear that there’s a leaked copy of the exam paper doing the rounds, and other students are studying it carefully. There are only a precious few spots available in your desired course, and if you don’t also sneak a peek at the leaked exam paper, you are likely to miss out. Should you cheat by looking at the leaked exam paper, given you know other students are doing the same? 

How about if you found out that the company you work for was partnering with an overseas contractor known for running sweatshops and flouting labour laws, meanwhile your company’s branding is all about how ethical and sustainable it is. Would you speak out to management, or on social media, even if doing so might cost you your job and income? 

If these scenarios give you pause, you’re not alone. Each represents a different kind of ethical dilemma we might come across, and by their nature they can be highly unsettling and difficult – if not impossible – to resolve in a way that satisfies everyone involved.  

But what makes something an ethical dilemma? It’s important to note that an ethical dilemma is not a simple question of doing the right thing or the wrong thing, like whether you should lie to cover up for something bad that you did.

A genuine ethical dilemma arises when there is a clash between two values (i.e., what you think is good) or principles (i.e., the rules you follow). Or it can be a choice between two bad outcomes, like knowing that whatever you do, someone will get hurt.

That’s what makes them so uncomfortable; we feel like whatever choice we make will involve some kind of compromise.

All in the mind

One way to prepare yourself to face real-world ethical dilemmas is to strengthen your moral muscle by practicing on hypothetical scenarios – a staple of philosophy classes. 

Consider this: you’re the captain of a sinking ship, and the lifeboat only has room for five passengers. Yet there are seven people aboard the ship, including yourself. Whom do you choose to board the lifeboat? The pregnant woman? The ageing brain surgeon? The fit young fisherman? The teenage twins? The reformed criminal who is now a priest? Yourself? 

Or how about this: you’ve just started your shift as the only surgeon in a small but high-tech hospital. As you walk into your ward, you’re presented with five dying patients. You know nothing else about their personal details except that each is suffering from a different organ failure. Without assistance, all will die within 24 hours. However, at that moment, a healthy patient is wheeled in for an unrelated minor procedure. You also know nothing about their personal circumstances, but you do know they have five perfectly healthy organs. Were you to allow that patient to die (as they will without treatment) you know you could save the lives of the other five dying patients. Would you allow one to die to save five? 

Each of these scenarios is carefully constructed to put pressure on your ethical intuitions and force you to make difficult decisions.

Tackling a hypothetical dilemma gives you an opportunity to reflect on your own values and principles, and search for good reasons to justify your choices.

Even if the hypothetical situation is absurdly unreal, you can still learn a lot about yourself and your ethical stance by considering how you would act in these cases.  

Your first impulse might be to try and change the circumstances to eliminate or minimise the dilemma. We might speculate that we could squeeze another person on the lifeboat, or that the organ transplants may not succeed, and that might make our decisions easier. This is entirely natural – and sensible – especially because dilemmas in the real world are rarely as clear cut. But dodging the dilemma misses the point of the exercise. 

You might decide that a consequentialist approach is the best one for the lifeboat scenario, causing you to pick the people who might end up leading the richest lives or having the most positive impact on others. But you might decide that a deontological approach is most appropriate for the surgeon’s dilemma, arguing that it’s inherently wrong to withhold treatment from an innocent patient, even if it ends up saving lives.  

It’s important to remember that hypothetical dilemmas like this are designed so that there’s likely no simple answer that will satisfy everybody. Even reasonable people can disagree about what course of action to take. That’s fine. The important bit is not really the answer you come to but the reasons you give to support it. That’s what ethics is all about: finding good reasons to act the way we do. 

Most of us are likely to go through life without ever having to put people in lifeboats or contemplate the death of one to save five, but by testing ourselves with these dilemmas we can build our ethical muscles and be more ready to face other dilemmas that world could throw at us at any time. 

 

If you’re struggling with a real-life ethical dilemma, it can be tough finding the best path forward. Ethi-call is a free independent helpline offering decision-making support from trained ethics counsellors. Book a call today.