Philosophy

Question 1 File sharing software ban sought in House
Moral Question should Congress pass legislation on the use of popular file sharing software by the Federal employees (Utilitarianism Theory).
    1st Option Government can enact legislation that will forbid the use of peer-to-peer software by Federal employees in the conduct of the duties, and enforce sanctions for such violations.
    The value of the use of an object, event or service is said to be good if the said object or act is done to the benefit of the greater good of the majority (Charles Kay 1997). Utilitarianism is based on the set of moral theories known as consequential. These theories are set on the goal of examining the value of an action in terms of the benefit that the particular act has given to the greater majority. Utilitarianism is the best known of the theories of consequentialism. In the utilitarianism theory, the morality of the act is defined on  the basis of the expected use or utility for the parties that will be affected by the action (Kay 1997).   
    In the preceding case, the House of Representatives proposed a ban on the use of file sharing software among the Federal bureaucracy. This happened after an information leak that allegedly emanated from employees in the House had posted on her computer at home that possessed the peer-to-peer technology (Paul Kane 2009). The details of the investigation of the Ethics Committee, involving the investigations into the affairs of at least a dozen lawmakers, which were leaked via the use of the file sharing software , has prompted the House to enforce the ban on this type of software (Richard Lardner 2009).
    The Secure Federal File Sharing Act would prohibit the members of the Federal bureaucracy and contractors of the Federal government from installing, downloading or using the type of software such as Limewire without first obtaining prior approval.  Also under the proposed measure, the White House must craft guidelines for Federal employees and Federal contractors on  work at home  status as to their actions on their personal computers. The particular software is popular among users who often engage in music trading, movies and other files done over the Internet. If the software does not have the correct configuration, the computer may be vulnerable to downloading from another computer seeking access to the files on the personal computer (Lardner 2009).
    What was leaked unto the Internet was a House paper outlining the conduct of the House Ethics Committee into the investigations regarding some one dozen of the lawmakers. A junior staff member of the House committee had saved the information on the hard drive of her computer at home. Even if the staff member did not know that the file itself was vulnerable and the computer did not have the proper configuration to safeguard the files, the staff member was subsequently terminated from the payroll of the committee.  The staff member had peer-to-peer software (Lardner 2009).
    The argument is that with the new prohibition being grafted into the American legal books, the ban would have more weight since the act would constitute a Federal offense (Lardner 2009). In the opinion of the bills main backer, New York Democrat Edolphus Towns, the threat of the file sharing scheme must be dealt as a threat to vital government documents and that voluntary regulation have not been adequate. This is his reason that the Act must be enforced (Kane 2009).  The opinion is that the Federal government must enact the legislation to avert future events such as the one mentioned above.
    For practicality, it is the right of the government to protect itself from any imminent or perceived threat to the smooth and unhindered operation of that state. But the costs will be staggering, since the government cannot post one Federal agent per PC to monitor the activities of all Americans and those across the globe. If the utilitarianism theory is to be fully applied, the greater good in this issue is not served, since the only beneficiaries would be the lawmakers who are or will be placed under investigation. The greater majority of Federal employees who use this software without any malicious intent will be removed of their rights to freely use this type of software. 
Question 2 Swiss no longer shielding biggest U.S. tax dodgers
Moral Question Should Swiss banks report on the account details of all US depositors to the US government
     Virtue ethics is focused on aiding other people develop good traits, such as kindness, humility and generosity (Austin Cline 2009). The traits that have  been developed in the person will allow that individual to make the proper decisions later on in life. As opposed to deontic or action based theories, it centralizes the need the learning skills that will stop the person from displaying negative character traits, such as greed and hatred.  These negative traits or vices, are what hinders the person from becoming good (Cline 2009).
    Moral theories address the issue of right and wrong behaviors. Virtue ethics ultimately changes the questions that we ask on the matter of ethics. Whereas the issue of deontic and consequential ethics delves into the issue of the right action, the field of virtue ethics is concerned with the right person making the decision. The former deals with the action to be taken in a specific situation the latter on the life of the person (Nafsika Athanassoulis 2004).
    In its attempt to ferret out tax evaders using Swiss banks as a refuge from the probing eyes of the United States Internal Revenue Service (IRS), the American tax agency has struck a deal with Swiss banking giant UBS and the Swiss government for the latter to provide information on the bank accounts of some Americans using the Swiss banking secrecy laws to hide their wealth. Under the agreement forged between the IRS and the Swiss government, Swiss banking authorities did not have to provide the details on an American account in their system if the limit does not reach 250,000 Swiss francs (248,200) or the income derived from the accounts amounted less than 100,000 Swiss francs (99, 280) (David Hilzenrath 2009).  
    Before the legal battle with UBS, the practice of the Swiss banking laws were to protect depositors whose only crime was failure to disclose assets and income tax returns. For the guarantee of secrecy to be out in threat, the element of fraud must be proven for the Swiss to lift the secrecy laws protecting the account. In short, the client had to commit fraud and other similar acts for the secrecy to be lifted. In the new agreement with the IRS, the Swiss broadened the acts of fraud to include the failure of the bank client to give a W-9 disclosure form in the period of three years, and this is still determinant on two conditions that have to be met by a particular account. The terms would be inclusive of the fact that the account did cross the 1 million Swiss franc (992,882) threshold, and the account gave the depositor more than 100,000 Swiss francs in income over three years (Hilzenrath  2009).
    As the campaign to get tax cheats, the IRS has so far gained a total of 7,500 people that admitted to cheating the government of their taxes and sent the money to UBS (Matthew Allen 2009). The tax amnesty that waged to weed out tax havens such as Switzerland will give the opportunity for tax cheats to pay a compromise sum equivalent to 5 to 20 percent of the money stashed away. This is lighter considering the penalty of having to pay a 50 levy on the amount of assets hidden and a possible prison sentence. The IRS has extended the amnesty for a month to help attorneys facilitate their clients concerns (Allen 2009).
    In the application of the theory of virtue ethics, the decision of the IRS to compel the Swiss banking authorities is discussed. The tax cheats were aided in the development traits such as honesty and responsibility by the act of the IRS to ferret them out. In acquiescing the theory with the earlier one discussed, it can also be said that the action of the IRS will benefit the greater majority since the payment of the taxes will help in the expenses of the government. Finally, the cost of having some people punished for evading taxes will help other people be more faithful in reporting their own taxes. 
Question 3 US, China may come to talks with emission reduction goals
Moral Question Are China and the United States obligated to commit long term emission reduction goals in GGH emissions
    We must care for our neighbors. That, in essence, is the gist of theory of care ethics. Care ethics not only notes down for consideration what should be done in caring for our neighbors, but concertizes them and thus uses them as the initial point for actions to be accomplished. As opposed to the pursuits of moral theories that emanate from general principles and guidelines for conduct, care ethics is about caring for the needs of the other person, thus making it unsuitable for a moral principle, either in general or in a political setting (Daniel Engster).
    Some authors have defined care ethics as a superior moral guideline than the cold theories of justice that is founded on rules and statutes. In the opinion of Stanford University Jacks Professor Emeriti for Child Education Nel Noddings (2004), the ethics of care is the anchor or bedrock for making decisions (Noddings 2004). Noddings (2004) asserts that the act of caring is a basic human activity, that every individual will want to be cared for. Her opinion on natural caring-that caring that does not need any external motivation for it to be done-can be considered as a moral disposition, that the caring that one will give will be done again in some future time by another person. If the person is cared for, it is not impossible to expect that that person will be caring to others (Mark Smith 2004).
    Noddings (2004) then puts forth her definition of ethical caring- that it a state of being related, being accepted, and received (Smith 2004). When we care for another, we are receptive to the person as they voice out their problems (Smith 2004). In her assessment, the ethics of caring is morally better than the other structured moral theories, as the theory is framed on the care of others needs (Engster). In being engrossed with the needs of the other, this is in contrast with other structured theoretical applications, as they tend to distance the person from the characteristics of the other person. One will act in this cold, calculated disposition when the person is sometimes tagged as lacking in some attribute and isor considered foreign (Engster).
    In the climate summit that will be attended by the leaders of the two most significant contributors of green house gases (GGH), United States President Barack Obama and Chinese President Hu Jintao will likely offer some proposals on their countries plans on cutting down on their green house gas emissions. But in the back of the joint declaration of the two leaders, the fact remains that the American side will only come up with a proposal only if the Chinese will present their proposals first (Juliet Ellperin and Steven Mufson 2009).  The hesitation of the United States to commit to short term goals for reduction of its emissions has been a major hindrance in the talks brokered by the United Nations. A majority of the nations in the developed world have publicly committed to their reduction of emissions by the year 2020. China and the United States, though both are significant contributors, have not complied with the resolution in the United Nations, thus the hindrance in the talks (Ellperin and Mufson, 2009).  
    Senior Obama officials have stated that any commitment of the United States to reduce emission standards would need the approval of the United States Congress. The climate bill as approved in the House of Representatives would include a 17 reduction in green house gas emissions by 2020, using 2005 figures as the benchmark. On the part of the Senate, the proposal was as high as 20 percent, but some senators have said they will pare down the number  (Ellperin and Mufson, 2009). The number represents a 5.5 drop from the 1990 numbers that many countries utilize as the base of the their calculations. The number is also a significant drop than what the American government committed to under then President Bill Clinton in the 1997 Kyoto Protocol talks (Ellperin and Michael Shear 2009).
    The passage of the goals as endorsed by he American administration is dependent on the enactment of local legislation, and the number is the political reality in the United States.  The Obama administration has come under severe scrutiny from many world leaders and from many in the United States to be at the forefront of the forging of a covenant on climate change.  But again as earlier mentioned, the offer of the United States on the goals for the reduction of GGH is concomitant that China and another producer of GGH, India, will also present their proposals on the table ahead of the Americans (Ellperin and Shear 2009).
    In short, the ethics of caring theory is based on the acknowledgement that we must care for others. The United States, though acting in the right avenue in the acceding to the call for reducing emissions of GGH, falls short of the criterion for the full compliance to the theory. In simple terms the theory calls for the fact that we should take steps in addressing the needs of others, not only recognizing that a need exists. Also, the action of the United States falls woefully short of Natural Caring, that their action must be prompted by the action of another.
Question 4 Wellness incentives could create health care loophole
Moral Question Should Obama or Congress create a system which no one can be denied coverage or charged higher premiums based on their health status
    The theory of distributive justice centers on the societys conduct on the allocation the few resources or products to people who have competing claims and needs (John Roemer, 1998). The Greek philosophers Plato and Aristotle discussed on the question, and the Hebrew Talmud outlines guidelines on the distribution of the wealth of a deceased mans creditors (Roemer 1998). Distributive justice can be construed as a group of guidelines that will expound on the need of justice when an event, whether good or bad, occurs (Andrew Reeve 2009). The universal requirement for distributive justice is suum cuique,  to each his or her due.  However, the adage does not accurately explain the basis for what is due to a person (Reeve, 2009).
     The traditional foundations in the determination of what is due a person can be traced to needs, desert, and entitlement. But in the interpretation of distributive justice, there are disputes that will arise. The initial dispute is that concerns the areas that the theory of distributive justice can be applied. The second will arise from the determination on whether a need, entitlement or desert is needed. And lastly, the determination of the appropriate response to the potential answers to suum cuique (Reeve, 2009).
    The current legislative action in the United States Congress on the outside will seek that Americans will pay less in terms of health care premiums if they stay in good shape (Hilzenrath, 2009). But in the fine print, it may mean that Americans with vices or obese or in an unhealthy state will have to shell out more than what they normally pay. The measure, being pushed by lawmakers  from both sides of the political mainstream, is based on a trend that is being practiced  by some corporations. If the employee passes the medical tests, then the company can afford that employee with a lower premium on their health benefits plan. If they fail, then the employee has to pay a heftier amount for health coverage (Hilzenrath, 2009).  
    Though the measure has gained the support of some organizations, such as the American Chamber of Commerce and the National Association of Manufacturers, the measure has also come under fire from other groups, such as the American Heart Association, the American Cancer Society and the American Diabetes Association. Among the major points of criticism is that employers can utilize a type of  carrot and stick  system with their employees, using the rewards to give employees a lower rate and punishing the flunkers with a higher rate. The goal of the programs is to end discriminatory practices in the existing system. But it seems that the new proposals will engender a new type of discrimination (Hilzenrath, 2009).
    The issue at hand is sorely deficient in terms of complying with the norms of the distributive justice theory. To create an act that will address one sector to the aggravation of another is not distributing justice it is just rewarding one sector and punishing another. People with health issues must be given the same avenue for health care as the other, an equal opportunity to enjoy the same benefits, regardless of status. Justice must then insure that the allocation of resources be done with fairness and parity, rather than on rewards and retribution.


Question  5 Saudis wont flog female journalist
Moral Question Should have King Abdullah dropped the flogging sentence against a female journalist who had been convicted as part of a crackdown on a controversial Lebanese television network
    The theory of moral rights is the anchor in the formulation of the arguments for the rights of clients (Jackie Crisp, Patricia Ann Potter, Catherine Taylor, Anne Griffin Perry, 2005). A moral right can be construed as a special interest that an individual may possess that must be protected and defended for reasons of morality. The claims to moral rights can be taken in the context of others to respect the claim that has been put forth.  It may range from the context of natural law, as that the laws are the product of nature and is applicable to all, to humanity, that all individuals have inherent human rights just by the fact that they are members of the human race (Crisp, Potter, Taylor, Perry, 2005).
    In the case, the King did not violate the theory in waiving the sentence against 22 year-old journalist Rozana al-Yami after being convicted for working in an illegal network (Abeer Allam, 2009). Rozana, in her appeal to the King, recognized the gravity of her act, not only affecting herself, but her family and tribe as well. In the opinion, it was stated that the King is fast to move on cases where the reputation of Saudi Arabias human rights record is at stake. This to the consternation of the countrys conservative religious authorities (Allam, 2009). 
    In this context, the claim is that all human beings, by virtue of their humanity, is entitled to the provision of human rights. The case of flogging for merely working in an unlicensed network can be compared to working for a company that defrauded millions of people of their money, but not actually committing the act itself. That act will endanger the human rights record of any country. In waiving the punishment of the newshen, the King exercised the greatest latitude in granting the dropping of the sentence and save the dignity of the person, which is another inherent human right.