Human Rights. Property rights may be necessary to provide persons "refuge[s] from the general society of mankind" -- places where they can either be alone or enjoy intimacy with others. All three? This statistic is up 61% from 2002-2007, perhaps reflecting an improvement of awareness and reporting. This hostile takeover of the profitable Kachin amber mines ensures that amber purchases from researchers and private collectors will help fund the government side of the Myanmar ethnic civil war. 2.2 Utilitarian Ethics Utilitarian ethics is a normative ethical system that is primarily concerned with the consequences of ethical decisions; therefore it can be described as a teleological theory or consequentialist theory, which are essentially the same thing, both having a notion that the consequence of the act is the most important determinant of the act being moral or not. 1. https://www.cell.com/current-biology/pdf/S0960-9822(19)31097-8.pdf, Greshko, Michael, “Ancient Bird Foot Found in Amber Has Bizarrely Long Toes,” National Geographic, July 11, 2019.   https://www.nationalgeographic.com/science/2019/07/fossil-bird-in-amber-has-unusually-long-toes/, Lawton, Graham, “Blood Amber: The Exquisite Trove of Fossils Fueling War in Myanmar,” NewScientist, May 1, 2019. https://www.newscientist.com/article/mg24232280-600-blood-amber-the-exquisite-trove-of-fossils-fuelling-war-in-myanmar/, Nelson, Alexandrea, “The Materiality of Morality: Conflict Minerals,” Utah Law Review, 2014: 1, p. 219 (2014). Steve Almond argues that “a civilian leisure class … has created, for its own entertainment, a caste of warriors too big and strong and fast to play a child’s game without grievously injuring one another.”. Second, the common interests of the community are included and understood by all as being common interests. Why, then, do you think they oppose letting adults choose freely to play football? The theory of universal interest is applied to human rights through the adoption of standards by which governments should be held accountable for the treatment of its citizens (Nickel, 2010) by the global community. Justice Department lawsuit challenges Florida voter purge. Richardson argues that the accuracy of an officer’s judgment is affected by his experience, and that those policing in urban environments tend to have a “higher level of implicit racial bias” than those working elsewhere. [93] Daniel Goldberg, What Does the Precautionary Principle Demand of Us? A 2019 study of the brains of 223 football players with CTE and 43 players without CTE found that for each additional 2.6 years of play, the risk of developing CTE doubled. This theory was developed by Jeremy Bentham and subsequently John Stuart mill. The Utilitarian theory of the justification of punishment stands in opposition to the “retributive” theory, according to which punishment is intended to make the criminal “pay” for his crime. If a healthy person wanders into the hospital, his organs could be harvested to save four lives at the expense of one life. If you need this or any other sample, we Utilitarian Theory and Human Rights Utilitarianism can be defined as a moral theory by which the public welfare of a community is dependent on the “sum welfare of individuals, which is measured in units of pleasure and/or pain”, requiring governments to make decisions based on the “largest sum of pleasure” (Postema, 2006). The short answer is that the utilitarian approach ignores the existence of rights, which are supposed to resist appeals to utility. Commentary on Utilitarian Theory and Human Rights . [49] Lisa Bero, Industry Sponsorship and Research Outcome: A Cochrane Review, JAMA Internal Medicine, 173(7): 580-581 (2013). Utilitarianism, by John Stuart Mill, is an essay written to provide support for the value of utilitarianism as a moral theory, and to respond to misconceptions about it. Security rights as defined by Article 3 of the UHDR, are those which protect citizens from crimes against their person. [69] 3. Bentham’s theory of political morality gave way for the theory of universal interest, defined as “a set of interests held in common by all members of the community in the realization of which each member has a distinct and positive share” (Postema, 2006). Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. However, in 2017 the Myanmar government dropped leaflets from helicopters informing the population in northern Kachin that civilians and Kachin militants who remain in the region will be considered hostile opposition to the government military forces. Most importantly, other studies seem to indicate that concussions may be more benign. The theory of property rights is not concerned with total societal gains and losses. [76] Dave Bry, American Football is Too Dangerous, and It Should Be Abolished, The Guardian (UK), Jan. 4, 2016. Why or why not? Mill defines utilitarianism as a theory based on the principle that "actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness." A collection of one-of-a-kind videos that highlight the ethical aspects of various subjects. JUSTICE, UTILITARIANISM, AND RIGHTS 1 John Rawls' A Theory of Justice is reminiscent of a work of Kant's in the painful care with which it is written, in the intri cacy and meticulousness of its arguments, and in the embellish ments it adds to the latest and best in the intellectual tech niques of an era. It is also the most common approach to moral reasoning used in business because of the way in which it accounts for costs and benefits. While some researchers and universities feel as though they should refrain from making such amber purchases, their failure to participate enables many private collectors to remove collections from the public or to charge researchers an exorbitant fee for access. Mill himself fought for women's rights, against slavery, and for fair labor practices, which is consistent with his utilitarian convictions. The NFL and universities, among others, urge no rash actions until there is more concrete proof of a causal link between concussions and adverse health outcomes. Ethics, Population Health Policy, and Sports-Related TBI, in Sociolcultural Examinations of Sports Concussions (Matt Ventresca & Mary McDonald eds, 2020). They’re healthy … And people say that’s crazy. [68] Bill Pennington, Trump Says N.F.L. [40] Thomas L. Schwenk, Depression and Pain in Retired Professional Football Players, Medicine & Science in Sports & Leisure, 39(4): 599-605 92007)(but finding that when coupled with difficult with pain, problems with sleep and social relations often followed). [1] Ingfei Chen, Exactly How Dangerous Is Football?, The New Yorker, Feb. 1, 2020. [47] There is also evidence that the NFL sought to influence the findings of some of the research it funded. An NFL player who plays 24 games increases the likelihood of premature death by 16%. We Know Little About the Long-term Effects of Concussions, Statnews, Sept.27, 2019. If you were a university scientist, how would you decide whether it is ethical for you to buy amber from Myanmar? Utilitarianism - Utilitarianism - Effects of utilitarianism in other fields: The influence of utilitarianism has been widespread, permeating the intellectual life of the last two centuries. However Bentham argued that "every individual in the country tells for one, no individual for more than one", meaning that the weight of an individual’s happiness should always remain equivalent to that of another’s happiness regardless of personal status (Postema, 2006). SAMPLE. [13] Michael L. Alosco et al., Repetitive Head Impact Exposure and Later-Life Plasma Total Tau in Former National Football League Players, Alzheimer’s & Dementia: Diagnosis, Assessment and Disease Monitoring, 7: 33-40 (2017). A 2017 study found CTE in 21% of donated brains of deceased high school football players. [33] William Stewart et al., Primum Non Nocere: A Call for Balance When Reporting on CTE, Lancet Neurology, 18:231-232 (2019). [92] Patrick Findler, Should Kids Play (American) Football?, Journal of the Philosophy of Sport, 42(3): 443-462 (2015). A policy issue? [39] Atheendar S. Venkataramani et al, Association Between Playing American Football and Long-term Mortality, JAMA, 319(8): 800-806  (2018). Some argue against paternalism and in favor of individual choice, believing that adults (at least) should be able to choose to engage in boxing (and presumably to play football) despite its potentially adverse consequences for brain health. Russell, Children and Dangerous Sport and Recreation, Journal of the Philosophy of Sport, 34: 176-193 (2007). How about the reverse—why do many people who believe football players should be free to decide what they do with their bodies take decidedly un-libertarian positions on issues such as abortion, marijuana legalization, and assisted suicide? [3], A traumatic brain injury (TBI) is “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.”[4] A concussion is a form of TBI where the blow causes the brain to move rapidly back and forth, bouncing around in the skull and suffering various types of structural damage. Furthermore, many of the miners in the Kachin region, on both sides of the conflict, are not fully aware of the value of the amber that they are selling and are therefore being exploited by the wholesalers who purchase from them. What facts would you weigh in making the decision? On the other hand Rights are constant and irrevocable. The most basic utilitarian critique of human rights lies in the assertion that resources are scarce in any society, and especially limited in some. For many years this mining area has been protected by the Kachin Independence Army. [67] Adam M. Finkel & Kevin F. Bieniek, How Public Helath Science Evaluates Evidence, Human and Ecological Risk Assessment: An International Journal, 25(3): 564-589 (2019). [50] Ken Belson, Judge Approves Deal in N.F.L. Children between the ages of 9 and 14 make up the largest cohort of football players in the U.S. However, these two philosophies take on different standpoints on ethics. In addition, Article 6 of the International Covenant on Civil and Political Rights (ICCPR) restricts the use of the death penalty to lethal crimes or “crimes with extremely grave consequences” and the UN Human Rights Committee states “that the death penalty should be a quite exceptional measure” (Sangiorgio, 2011). [7] Julian E. Bailes et al., Role of Subconcussion in Repetitive Mild Traumatic Brain Injury: A Review, Journal of Neurosurgery, 119: 1235-1245 (2013); Breton M. Asken, Research Gaps and Controversies in Chronic Traumatic Encephalopathy: A Review, JAMA Neurology 74(10): 1255-1262 (2017); Philip H. Montenigro et al., Cumulative Head Impact Exposure Predicts Later-Life Depression, Apathy, Executive Dysfunction, and Cognitive Impairment in Former High School and College Players, Journal of Neurotraumua 34(2) (2017); Ann C. McKee et al., The Neuropathology of Sport, Acta Neuropathologica, 127: 29-51 (2014). [47] Ingfei Chen, Exactly How Dangerous Is Football?, The New Yorker, Feb. 1, 2020. In addition, this bias can often result in officers being less accurate in their judgment (Richardson, 2012) and therefore the argument that training and experience provides a basis for good judgment in these cases is weak. Police Efficiency and the Fourth Amendment. Bry’s answer is that only the football players are being paid to do this “for our entertainment.”. a. utilitarian theory to practical cases (Bailey, 1997). Explain. Gammon, Katharine, “The Human Cost of Amber,” The Atlantic, Aug. 2, 2019.   https://www.theatlantic.com/science/archive/2019/08/amber-fossil-supply-chain-has-dark-human-cost/594601/, Grimaldi, David, “Amber,” Current Biology Magazine. [48] Kathleen Bachynski & Daniel S. Goldberg, Time Out: NFL Conflicts of Interest with Public Health Efforts to Prevent TBI, Injury Prevention, at https://injuryprevention.bmj.com/content/24/3/180.full; Ingfei Chen, Exactly How Dangerous Is Football?, The New Yorker, Feb. 1, 2020; Mark Fainaru-Wada & Steve Fainaru, League of Denial: The NFL, Concussions, and the Battle for Truth (2013). Utilitarianism is a theory in normative ethics, or the ethics that define the morality of actions, as proposed by Jeremy Bentham and John Stuart Mill. Reducing tackling in practices has reduced overall concussion numbers among high school players, even though the number of concussions in games has risen slightly. Suicide rates among NCAA football players are the highest among all sports, but they are substantially lower than the general population age 18-22 or college students in that age range. This scarcity inevitably leads to utilitarian calculations to allocate those resources in a way that will maximize the greatest good. The Stop-And-Frisk statute of 1964 in New York states that police officers have the right to stop any person in a public place where the officer has a reasonable suspicion that a person has committed or about to commit a serious crime. Postema, G. (2006). utilitarian approaches. The rights theory serves based on positions of justice and rights that consider moral leadership as that which entails just treatment and respect towards individual rights The rights theory of business ethics rests upon the notion that all individuals possess the right towards life and thus they should be treated with the highest respect and dignity required. And new knowledge about brain injuries have caused many people to call football immoral[2] and to advocate its abolition. Riding a bicycle carries risk and not a whole lot of parents are not letting their kids ride a bike. The fact that Governor Scott has chosen to ignore laws that restrict the removal of voters from registration rolls so close to a federal election suggests that this is an attempt to prevent those who have the constitutional right to vote as well as the human right to participate in their government. Utilitarianism is one of the best known and most influential moral theories. Explain why and how using that approach might play out. Utilitarianism, in normative ethics, a tradition stemming from the late 18th- and 19th-century English philosophers and economists Jeremy Bentham and John Stuart Mill according to which an action is right if it tends to promote happiness and wrong if it tends to produce the reverse of happiness—not just the happiness of the performer of the action but also that of everyone affected by it. They can suffer concussions from milder collisions than would be required to concuss a collegiate or professional player. Why or why not? [52], On the other hand, while football helmets can prevent fractured skulls, they will likely never be able to prevent concussions. 2010. The first component, communal consequentialism, describes morality as being the basis of promoting the public welfare of the community. 30 videos - one minute each - relate recent scandals in the news and give ethical insights. This chapter provides a survey of utilitarian theories of justice. The bombing of Hiroshima and Nagasaki is a very prominent example of the philosophy of 'Utilitarianism'. They have a duty to preserve the players’ health, but simultaneously feel pressure to get players back out on the field so the team can win. Empirical research supports the notion that allowing children to engage in dangerous forms of play is key to their optimal development. Retrieved July 2012, from Office of the High Commissioner of Human Rights: http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf. Lastly, compositionalism ties social welfarism to individual welfarism, so that the welfare of the community is strictly compounded by the welfare of individuals (Postema, 2006). Both Kantianism and utilitarianism are ethical theories that express the ethical standard of an action. If you apply Systematic Moral Analysis to the question of whether or not it is moral to continue to support and/or play football, do you get different results for different league categories and age groups? See also Ann C. McKee et al., The Spectrum of Disease in Chronic Traumatic Encephalopathy, Brain, 136(1)): 43-64 (2013)(study of donated brains of 64 athletes found “the stage of [CTE] correlated with increased duration of football play, survival after football and age at death” for 34 football players). [88] Kathleen Bachynski, Youth Football is a Moral Abdication, The Atlantic, Feb. 1, 2020. Ethics, Population Health Policy, and Sports-Related TBI, in Sociolcultural Examinations of Sports Concussions (Matt Ventresca & Mary McDonald eds, 2020); Alan Schwarz et al., N.F.L.’s Flawed Concussion Research and Ties to Tobacco Industry, New York Times, March 24, 2016. [66] Daniel Goldberg, Mild Traumatic Brain Injury, the National Football League, and the Manufacture of Doubt: An Ethical, Legal, and Historical Analysis, Journal of Legal Medicine, 34: 157-191 (2013). What moral principles would you take into account? When we are tempted to make a decision that will positively impact the majority, we must also consider the negative impact on the minority. Utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Youth football players average 240 head impacts per season. [43] Zachary Y. Kerr et al., Concussion Incidence and Trends in 20 High School Sports, Pediatrics 144(5): e20192190. Over two regular seasons (2012-2014), NFL players sustained 4,384 injuries, including 301 concussions. Do you see parallels between the debate as to whether to begin playing football again in the wake of the pandemic and the debate as to whether to abolish or reform football in light of the evidence on brain trauma? The co-chair of the NFL’s Health and Safety Advisory Committee has said that the committee thinks helmets are part of the culture and tradition and will not be outlawed in the foreseeable future. [21] Adnan A. Hirad, A Common Neural Signature of Brain Injury in Concussion and Subconcussion, Science Advances 5(8), Aug. 2019. 37 37 Vaswani, K. (2020, 19 March). Resolution of the voter registration purge would mean that voters in Florida would retain their right to vote, and therefore participate in their government as defined by Article 21 of the UDHR. we might edit this sample to provide you with a plagiarism-free paper, Service Stokes, L. D. (2007, August). It has been suggested at both the NFL and collegiate level that team physicians are faced with conflicting loyalties. In particular, Article 7 states that “all are equal before the law and are entitled without any discrimination to equal protection of the law”, however the statistics provided by the NYCLU clearly suggests that blacks and Latinos are routinely stopped by the NYPD more than whites. Pamela R. Sailors, Personal Foul: An Evaluation of the Moral Status of Football, Journal of the Philosophy of Sport, 42(2): 269-286 (2015). HAVEN’T FOUND ESSAY YOU WANT? Adams, D. (2012, June 12). Jeremy Bentham (1748-1832) initiated the interest theory. [37] Everett J. Lehman et al., Suicide Mortality Among Retired National Football League Players Who Played 5 or More Seasons, American Journal of Sports Medicine, 44(10): 2486-2491 (2016). Utilitarianism is an easy theory to implement. Thus, they are disproportionately exposed to concussions and other injuries that arise from the game. But few would consider it an acceptable course of action, let alone the most ethical one. 36 short illustrated videos explain behavioral ethics concepts and basic ethics principles. Analytic philosophy, welfare economics, and 23 Those juridical rights, then, are characterised by Mill as signs, which is totally coherent with the analytical method and the distrust of fictions of classic utilitarianism. In a study of 14,000 NFL players, researchers found that even head impacts insufficient to cause concussions can mount up over the years, leading to CTE and premature death. Stop and Frisk Practices. Alan Schwarz et al., N.F.L.’s Flawed Concussion Research and Ties to Tobacco Industry, New York Times, March 24, 2016. CNN.com. Jeremy Bentham, the founder of the utilitarian movement in nineteenth century England, accepted the incompatibility of utilitarianism and “the rights of man, ” and rejected talkof the latter as “anarchical fallacies”. [35] Munro Cullum, Is Football Bad for the Brain? A study of 3,904 Wisconsin men found no significant harmful association between playing football in high school and cognitive impairment or depression later in life. [58] Daniel Engber, Concussion Lies, Slate, Dec. 21, 2015, at https://slate.com/culture/2015/12/the-truth-about-will-smiths-concussion-and-bennet-omalu.html; Kevin Lomangino, Journalists Drop the Ball on Big Concussion/CTE Story, HEALTHNEWSREVIEW.ORG, Jan. 19, 2018, at https://www.healthnewsreview.org/2018/01/sports-desks-drop-the-ball-on-big-concussion-story/; [59] Matt Ventresca, The Curious Case of CTE: Mediating Materialities of Traumatic Brain Injury, Communication & Sport, 7(2): 135-156 (2019). [36] Munro Cullum, Is Football Bad for the Brain? This has led some to suggest that the NFL is a modern plantation. No, it’s not crazy because we need to continue and budget and run money through the state of Oklahoma.”. Abstract. And for the same reason, a helmet alone will not prevent CTE.”[55] Furthermore, while the NFL has banned helmet-to-helmet hits, these are neither the only nor the most common cause of concussions. FOR ONLY $13.90/PAGE, Retributive, Utilitarian and Rehabilitative Justice Compared, Utilitarian and Deontological in Criminal Justice Ethics, Human Rights Act 1998: Are all human rights absolute…, Criminology Theory - Rational Choice Theory, Zuni Public School Dist. Why or why not. [58] Other people believe that media discussions have impeded needed change in minimizing sports violence. Utilitarianism is one of the most important and influential moral theories of modern times. RECENT STATUTE. [75] Steve Almond, Is It Immoral to Watch the Super Bowl?, New York Times, Jan. 24, 2014. An owner of property holds that property Concussion Suit, New York Times, April 22, 2015. In one study, use of newly-designed football helmets and safe tackling techniques eliminated concussions for 20 middle school aged players for an entire season. Dr. Omalu identified abnormal clumps of the protein tau in Webster’s brain, which he believed to be evidence of CTE. Deontological? Working 24/7, 100% Purchase Richardson, L. (2012). The Utilitarian Theory / Incentive Theory . It is in the universal interest of the community to ensure that those who are eligible to vote are permitted to do so. So, although utilitarianism is arguably the most reason-based approach to determining right and wrong, it has obvious limitations. Using this moral theory as a basis, Bentham asserted that the ultimate goal of government and all of morality was the advancement of public welfare (Postema, 2006). Ethics, Population Health Policy, and Sports-Related TBI, in Sociolcultural Examinations of Sports Concussions (Matt Ventresca & Mary McDonald eds, 2020). A 2012 study of 3,439 NFL players with five years or more in the NFL found that their neurogenerative mortality was three times that of the general U.S. population, and four times higher for two subcategories: Alzheimer’s disease, and Lou Gehrig’s Disease (amyotrophic lateral sclerosis or ALS). Why or why not? In this series of papers, Lyons defends Mill’s view of morality against some critics, differentiates Mill’s views from both act and rule utilitarianism, and criticizes Mill’s attempt to show that utilitarianism can account for justice. So far, this conception of a right does not yet introduce any utilitarian considerations. Mill defines utilitarianism as a theory based on the principle that "actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness." On a utilitarian view of rights, the problem to … Are you aware of comparable situations around the world where individuals and corporations that wish to be moral buyers should be similarly wary, knowing that their purchase price might aid the seller’s bad acts? Harvard Law Review, 78(2), 473-477. Its significance in law, politics, and economics is especially notable. Over time more evidence has indicated that even mild concussions suffered by high school football players can cause serious consequences. [26] James P. Kelly et al., Concussion in Sports: Guidelines for the Prevention of Catastrophic Outcome, JAMA, 266(20): 2867-2869 (1991). The Utilitarian theory of property looks to maximize utility for all people when property decisions are made. The United States Department of Justice (USDOJ) contends that this is in violation of the National Voter Registration Law, which requires states to complete any “systematic removal” of voters from election lists within 90 days of a federal election, and the State of Florida has missed that deadline. Start studying Utilitarianism and rights theory. An exclusive right to control certain resources may be thought necessary to enable persons to become independent, self-directing. [49], The NFL has taken other concrete steps to respond to the controversy. Etzioni, A. [17] Kevin M. Guskiewicz et al., Association between Recurrent Concussion and Late-Life Cognitive Impairment in Retired Professional Football Players, Neurosurgery 57(4): 719-726 (2005). [2] Steve Almond, Is It Immoral to Watch the Super Bowl?, New York Times, Jan. 24, 2014; Pamela R. Sailors, Personal Foul: An Evaluation of the Moral Status of Football, Journal of the Philosophy of Sport, 42(2): 269-286 (2015). John … These studies are broken down by football league level: Given the results of the studies above, it is not surprising that there has been a strong outcry against football. [22] Steven Senne, Student Athletes Still Reluctant to Report Concussions, Nationwide Children’s Study Finds, Columbus Dispatch, Nov. 24, 2019, at https://www.dispatch.com/news/20191124/student-athletes-still-reluctant-to-report-concussions-nationwide-childrens-study-finds. 8 short videos present the 7 principles of values-driven leadership from Giving Voice to Values by Mary Gentile. The paper first summarizes the author's decision-theoretical model of moral behavior, in order to compare the moral implications of the act-utilitarian and of the rule-utilitarian versions of utilitarian theory. [69] Julie Mack, What Parents Need to Know about Football, Concusions and Head Injuries, mlive.com, Nov. 24, 2019, at https://www.mlive.com/news/2019/11/what-parents-need-to-know-about-football-and-head-injuries.html (quoting neurologist David Kaufman). 2012-2014 ), 473-477 are generally defined as justified claims for the brain players, college players! Harvard Law Review, 78 ( 2 ), 263-275 defining and aggregating a measure of utility comparable all... The answers different for NFL players sustained 4,384 injuries, including 301 concussions from. Value of Dangerous Sport and Recreation, Journal of the virtues, back. Study, 110 were diagnosed with depression as happened with tobacco protection of general interests 65 ] Goldberg! Ways that bring about as much happiness as possible in the Northern region of Myanmar advocate abolition. Resist appeals to utility it ’ s Concussion Crisis is Awash utilitarian theory of rights Pseudoscience,,. 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