1. Introduction & Utilitarianism
Connection Law, Ethics & Entrepreneurship
● Law and ethics are an enabler of socially sustainable and responsible
entrepreneurship.
● Law and ethics should be analyzed and understood as distinct yet connected
concepts.
Differences Law & Ethics
Concept Law Ethics
Meaning Systematic set of rules that Branch of philosophy.
govern society as a whole
and its members.
Content Set of rules. Guidelines, principles,
values.
Who is in charge? Government. Individuals (professionals).
Goal Maintain social order and Assists people in their
provide protection. everyday moral conduct.
Expression Explicit and transparent, Implicit and opaque,
written down. abstract.
Binding Legally binding, punishment Not legally binding, but
(fine, jail, etc.). social repercussions.
Levels of Ethics in Data Science
1
,What Makes An Action Ethically Significant
● Actions that make a difference to the chances of having a good life.
● Human choice.
● More than merely good intentions.
Ethically Significant Pros/Cons of Data Practices
+ Human understanding.
+ Efficiency.
+ Predictive accuracy and personalization.
- Harms to privacy and security.
- Harms to fairness and justice.
- Harms to transparency and autonomy.
Levels of Ethics
● Normative Ethics: on what basis do we come to a judgment? What principles underlie
the answers we give?
○ Utilitarianism.
○ Kantian Ethics.
○ Virtue Ethics.
● Metaethics: research into fundamental moral concepts.
● Applied Ethics: branch of ethics which consists of the analysis of specific,
controversial moral issues.
Morality
What we should do and how we should act → morality is about actions.
● Actions can be moral or immoral, but they can also be prudent or imprudent, rude or
polite, etc.
● Morality is not exclusively about actions.
▶ Examples (normative statements):
● One ought to eat soup with a spoon.
● You should not come to class unprepared.
● One should not torture or kill fellow human beings (has a big impact).
Utilitarianism
The morally right action is the action that produces the most “good”, where “good” is
understood in terms of “utility” or “well-being”.
● Founding fathers:
○ Jeremy Bentham (1748-1832).
○ John Stuart Mill (1806-1873).
○ Henry Sidgwick (1838-1900).
● Provides the basis for progressive political projects:
○ Jeremy Bentham: animal rights.
○ John Stuart Mill: woman rights.
○ Peter Singer; animal rights & duties towards the global poor.
● A form of consequentialism (the morality of an action is solely based on the
consequences of that action).
● The only thing that matters is the well-being or utility that is created.
2
, ▶ Right actions are those that produce the greatest possible balance of happiness over
unhappiness while counting each person's well-being equally.
▶ Example (animals): eating meat.
● Meat production causes suffering for animals.
● We have other sources of food.
● The good that is done does not outweigh the evil.
○ The interests of non-human animals count.
○ The focus lies on suffering.
Act Utilitarianism
An action is morally right if this specific action maximizes utility.
● An actor calculates for each and every action whether or not it maximizes utility.
Rule Utilitarianism
An action is morally right if this action is in accordance with a rule whose general acceptance
leads to maximizing utility.
● An actor indirectly applies the principle of utility to a specific action by first specifying
the norms/rules.
Who Decides
The utilitarian calculus should be made by:
● Every individual.
● Experts.
● Public officials.
What Consequences
Are the consequences the only thing that matter?
● What about justice?
● What about personal rights (law and ethics are different yet connected concepts)?
What Concerns
Should we be equally concerned for everyone?
● Too demanding?
● What about your loved ones?
The Trolley Problem
There is a trolley heading toward five people, there is the option of redirecting the trolley to a
side track with only one person. What should you do?
▶ Utilitarian choice: steer to the side track with one person.
▶ Variation of the problem: there is a trolley heading toward five people, there is the option of
pushing an obese person from a bridge to stop the trolley. What should you do?
Self-Driving Cars
This is not a case of the trolley problem:
● The focus is too narrow.
● The role of legal responsibility is ignored in the trolley problem.
● The risk and uncertainty are ignored in the trolley problem.
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Connection Law, Ethics & Entrepreneurship
● Law and ethics are an enabler of socially sustainable and responsible
entrepreneurship.
● Law and ethics should be analyzed and understood as distinct yet connected
concepts.
Differences Law & Ethics
Concept Law Ethics
Meaning Systematic set of rules that Branch of philosophy.
govern society as a whole
and its members.
Content Set of rules. Guidelines, principles,
values.
Who is in charge? Government. Individuals (professionals).
Goal Maintain social order and Assists people in their
provide protection. everyday moral conduct.
Expression Explicit and transparent, Implicit and opaque,
written down. abstract.
Binding Legally binding, punishment Not legally binding, but
(fine, jail, etc.). social repercussions.
Levels of Ethics in Data Science
1
,What Makes An Action Ethically Significant
● Actions that make a difference to the chances of having a good life.
● Human choice.
● More than merely good intentions.
Ethically Significant Pros/Cons of Data Practices
+ Human understanding.
+ Efficiency.
+ Predictive accuracy and personalization.
- Harms to privacy and security.
- Harms to fairness and justice.
- Harms to transparency and autonomy.
Levels of Ethics
● Normative Ethics: on what basis do we come to a judgment? What principles underlie
the answers we give?
○ Utilitarianism.
○ Kantian Ethics.
○ Virtue Ethics.
● Metaethics: research into fundamental moral concepts.
● Applied Ethics: branch of ethics which consists of the analysis of specific,
controversial moral issues.
Morality
What we should do and how we should act → morality is about actions.
● Actions can be moral or immoral, but they can also be prudent or imprudent, rude or
polite, etc.
● Morality is not exclusively about actions.
▶ Examples (normative statements):
● One ought to eat soup with a spoon.
● You should not come to class unprepared.
● One should not torture or kill fellow human beings (has a big impact).
Utilitarianism
The morally right action is the action that produces the most “good”, where “good” is
understood in terms of “utility” or “well-being”.
● Founding fathers:
○ Jeremy Bentham (1748-1832).
○ John Stuart Mill (1806-1873).
○ Henry Sidgwick (1838-1900).
● Provides the basis for progressive political projects:
○ Jeremy Bentham: animal rights.
○ John Stuart Mill: woman rights.
○ Peter Singer; animal rights & duties towards the global poor.
● A form of consequentialism (the morality of an action is solely based on the
consequences of that action).
● The only thing that matters is the well-being or utility that is created.
2
, ▶ Right actions are those that produce the greatest possible balance of happiness over
unhappiness while counting each person's well-being equally.
▶ Example (animals): eating meat.
● Meat production causes suffering for animals.
● We have other sources of food.
● The good that is done does not outweigh the evil.
○ The interests of non-human animals count.
○ The focus lies on suffering.
Act Utilitarianism
An action is morally right if this specific action maximizes utility.
● An actor calculates for each and every action whether or not it maximizes utility.
Rule Utilitarianism
An action is morally right if this action is in accordance with a rule whose general acceptance
leads to maximizing utility.
● An actor indirectly applies the principle of utility to a specific action by first specifying
the norms/rules.
Who Decides
The utilitarian calculus should be made by:
● Every individual.
● Experts.
● Public officials.
What Consequences
Are the consequences the only thing that matter?
● What about justice?
● What about personal rights (law and ethics are different yet connected concepts)?
What Concerns
Should we be equally concerned for everyone?
● Too demanding?
● What about your loved ones?
The Trolley Problem
There is a trolley heading toward five people, there is the option of redirecting the trolley to a
side track with only one person. What should you do?
▶ Utilitarian choice: steer to the side track with one person.
▶ Variation of the problem: there is a trolley heading toward five people, there is the option of
pushing an obese person from a bridge to stop the trolley. What should you do?
Self-Driving Cars
This is not a case of the trolley problem:
● The focus is too narrow.
● The role of legal responsibility is ignored in the trolley problem.
● The risk and uncertainty are ignored in the trolley problem.
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