It is important to note that these key questions do not always have to be asked in a specific order. Sometimes, the facts of the case will illuminate the critical ethical question. Similarly, thinking about stakeholders and their concerns can bring the relevant facts into focus. Th e process of ethical reasoning is fluid and can evolve as students consider a case more deeply.
Key Question: What Is the Ethical Question?
Identifying ethical questions is a two-part skill.
1. The ability to see the ethical dimensions of a given situation. Ethicists often refer to this skill as moral imagination or moral sensitivity, which is the ability to detect that there are ethical issues at stake. This ability keeps people from simply gliding over the surface of a situation and missing its ethical implications. Fortunately, people can develop this skill with practice.
2. The ability to distinguish an ethical question from other kinds of questions, such as legal, scientific, or personal-preference ones. People often confuse these different kinds of questions, because they are related. For example, in deciding whether to ban steroids (an ethical question), one would want to know how safe they are (a scientific question). But fundamentally, scientific and ethical questions are different, because they have different purposes and rely on different kinds of evidence for their answers. Ethical questions are also different from legal ones and from questions of personal preference, custom, or habit.
People often have a particularly hard time discerning legal from ethical questions—but keeping them separate when undertaking an ethical analysis is important. Ethical analyses should take the legal context and local laws into consideration. However, something can be illegal yet ethical. Conversely, something can be legal but unethical. With respect to enhancement and sports, some interventions could be considered unethical even if they are not yet illegal. Another difference is that the law typically sets the minimum standards to which people must adhere; ethical standards sometimes focus on ideals (more than the minimum), encouraging people to act virtuously. Although they influence each other, the law and ethics are separate enterprises.
Perhaps hardest of all to distinguish are personal preference and ethical questions—indeed, these two realms are often confused. The culture you live in might prefer a high degree of privacy in the doctor’s office, while your friend from another culture would be unaccustomed to a private office and willing to discuss his medical affairs publicly. Your cultural attitudes toward privacy are matters of preference, custom, or habit, but they are not ethical matters. A key distinguishing feature of an ethical question—as opposed to a question of personal preference, custom, or habit—is that it typically arises when individuals or groups might be harmed, disrespected, or unfairly disadvantaged.
Ethical questions are different from scientific and legal ones and from questions of personal preference, custom, or habit.
If no one is harmed or disadvantaged by the two kinds of medical settings, then the amount of privacy in each would not be an ethical issue; however, it could become an ethical issue. For example, assume there is a patient who values privacy and yet the healthcare providers ignore this person’s wishes. Ignoring the privacy wishes of someone who values privacy would transform the matter from one of personal preference into ethics, because disregarding what someone values is a form of disrespect.
A key distinguishing feature of an ethical question is that it typically arises when individuals or groups might be harmed, disrespected, or unfairly disadvantaged.
Key Question: What Are the Relevant Facts?
Once an ethical question has been chosen, students are asked to identify the facts necessary to think carefully about it. Which scientific facts are important? Which social science facts? Are other facts needed to make a better decision?
Scientific facts are important, and they provide a critical link between bioethics and the biology curriculum. They are especially important for answering questions about harms and benefits. Before students can make a reasoned judgment about vaccination policies, for example, they need to know about the risks of getting a disease, the magnitude of harm that could occur if the disease is contracted, and the risk of suffering that harm, as well as the efficacy and side effects of the vaccines. When examining issues surrounding genetic testing, students need to be able to understand facts related to inheritance of traits and whether medicine has anything to offer to prevent the diseases that the tests diagnose.
Social science facts are equally important. What psychological, sociological, anthropological, historical, and economic facts and concepts are needed to understand the available choices? The social sciences can tell us how people may respond to disease, health-promotion medicines, or their physician’s advice, and they can provide insight into differences among groups in the view of what is ethically important and the impact of a given decision. Historical information can illustrate how people handled ethical decisions in the past, while economic information can help anticipate costs for different stakeholders.
It is sometimes impossible to make a complete inventory of all the relevant facts of a case, and students should realize that decisions must sometimes be made when information is incomplete. However, if key pieces of information necessary to make a good decision are missing, students could conduct additional research. They should consider new facts as they uncover them and address the implications of the emerging evidence in their analysis of the ethical case.
Key Question: Who or What Could Be Affected by the Way the Question Gets Resolved?
The purpose of reflecting on this question is to ensure that students think about the range of individuals, groups, or institutions that may have a stake in the outcome of an ethical situation and how these stakeholders may be affected by the decision. For example, students can consider how stakeholders are affected physically, emotionally, and economically by a decision. Stakeholders are not always human beings or human organizations; ethical decisions might also affect animals, plants, organisms, or the environment. Often, students will discover that the impact of a decision or policy affects many more people and kinds of stakeholders than they expected initially.
Students have the opportunity to practice thinking about how various solutions affect other people, thereby deepening their ability to see things from multiple perspectives. Considering stakeholders gives students a chance to “be in someone else’s shoes.” By identifying the concerns and priorities that different stakeholders bring to an issue, students can also enlarge their understanding of the broader context of an ethical problem. If it is not possible to protect the interests of all the stakeholders, students will have to prioritize—and provide a justification to favor—the interests of certain stakeholders over others. Ultimately, students may also need to grapple with which stakeholders should have decision-making power and how they should share this power.
Key Question: What Are the Relevant Ethical Considerations?
As noted above, bioethicists often reason out which choice is best by taking the core ethical considerations (respect for persons, minimizing harms while maximizing benefits, and fairness) and others (such as authenticity and responsibility) into account. The next section describes each of the three core considerations and mentions several other considerations. Each consideration is very important because each one is a different way to honor the moral standing of persons.