Chapter 17 Various Moral Approaches

CHAPTER 17
VARIOUS
MORAL
APPROACHES
ETHICAL RELATIVISM
“Morality differs in every society, and is a
convenient term for socially approved habits” –
Ruth Benedict (Patterns of Culture, 1934)
 Whether law or intersect or is separate from morality, one

invariably asks whether morality is absolute or relative.
 Is there an absolute yardstick in ethics applicable to all
irregardless of place, time and culture, or is morality merely a
mental construct different from place to place
Ethical Relativism
 Ethical Relativism – is the view that there are no absolute or standard criteria of
morality ; that what counts as ethical depends upon how society or historical period
defines something ethical.
 Different cultures have different concept about what “ought-to-be” right behavior for
its members.
 It follows that no society may criticize the laws or rules adopted in other societies,
as each is moral according to its own set of definition as to what morality is
ultimately all about.
 A universal yardstick in ethics is a myth for ethical relativists since the moral codes
are culture bound.
Arguments advanced by
relativists:
 Different societies have different moral codes.
 There is no objective standard that can be used to judge one
societal code better than another.
 The moral code of our own society has no special status ; it is
merely one among many.
 There is no “universal truth” in ethics ; that is, there are no moral
truths that hold for all peoples at all times.
Arguments advanced by
relativists:
 The moral code of society determines what is right within that
society; that is, if moral code of a society says that a certain
action is right, then that action is right, at least within that society.
 It is mere arrogance for us to try to judge the conduct of other
people. We should adopt an attitude of tolerance toward the
practices of other cultures.
Examples of ethical relativism
 Suttee “sati” (feminine of “sat” meaning “true”) – is a practice
among Hindu communities where a recently widowed woman
would burn herself (immolate) in the funeral pyre of her husband.
 Roe v. Wade, 410 U.S. 113 (1973) – The US Supreme Court held
that in the early stages of pregnancy, when the fetus is not viable
yet outside the womb, abortion may be allowed as an adjunct of
the woman’s right to privacy and ownership of her body the way
she can cut her nails or hair the way she deems fit.
Examples of ethical relativism
 Rajm - In Islam refers to the Hudud punishment wherein an
organized group throws stones at a convicted individual until that
person dies. Under Sharia Law, it is prescribed punishment in
cases of adultery committed by a married person which requires
either a confession from either the adulterer or adulteress, or
producing four witnesses of sexual penetration.
 Rido – Is a type of conflict most commonly observed in Mindanao
and is characterized by the sporadic outbursts of retaliatory
violence between families and kinship groups, as well as between
communities.
Criticism
 Professor James Rachels of the University of Alabama believes that
the argument espoused by moral relativists is fallacious. Their
argument can be summed this way:
 Different cultures have different moral codes.
 Therefore, there is no objective “truth” in morality. Right and wrong
are only matters of opinion, and opinions may vary from culture to
culture.
The Concept of Jus Cogens
 Jus cogens or peremptory norms is a fundamental principle in
international law which is generally accepted by the international
community, from which no derogation (violation) is allowed.
 Jus cogens includes the prohibition of slavery, piracy, genocide
torture, unlawful use of force among states such as wars of
aggression or for territorial aggrandizement.
 The Vienna Convention on the Law of Treaties treats any
international agreement that conflicts with peremptory norm as
void.
The Concept of Jus Cogens
 A treaty is void if, at the time of its conclusion, it conflicts with a
peremptory norm of general international law.
 A peremptory norm of general international law is a norm
accepted and recognized by the international community of states
as a whole as a norm from which no derogation is permitted and
which can be modified only by a subsequent norm of general
international law having the same character.
Lessons on Relativism
 In spite the criticism, relativism has genuinely good points. For
one, it teaches one tolerance and allowing for diversity rather
than uniformity of thought and action.
 According to Professor Rachels:
 We can understand the appeal of cultural relativism even though the
theory has serious shortcomings. It is an attractive theory because it
is based on genuine insight that many of the practices and attitudes
we think so natural are really only cultural products. Moreover
keeping this insight firmly in view is important if we want to avoid
arrogance and have open minds. These are important points, not to
be taken lightly. But we can accept these points without going on to
accept the whole theory.
Question 1
 What is your stance to the customary practice of tribe known as
Palaw’an at Rizal Palawan where girls with ages as young as 10
are being forced to marry male double their age within their tribe.
Question 2
 What is your stance to a tribal council’s approach within their tribe
in terms of reconciliation towards families of a raped child and the
rapist being forced to marry in order to avoid “rido”.

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CHAPTER 17

 Whether law or intersect or is separate from morality, one

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