M4 Original Assignment - Product Liability and Environmental Ethics
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SUNY Empire State College *
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3010
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Philosophy
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Apr 3, 2024
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docx
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One thing that I have come to realize while doing this assignment is that one cannot use a
singular ethical theory to respond to the questions asked. Each aspect of the questions raises
different ethical considerations and while one theory may be able to respond to one part of the
question, another is more suitable to respond to another part. With that being said, I will respond
to the questions asked based on which theory resonates with me at that moment. My responses
will use multiple theories as to what I see is just and right. Current news and politics is full of concern about the environment, particularly as it is related
to oil use and the auto industry. There are a number of ethical considerations that arise out of
these issues. 1.
Some propose that these concerns could be alleviated if our use of cars was limited by
increased gasoline taxes—if gas is more expensive, we will use less of it and, as a
beneficial by-product, improve the environment. What do you think of this proposal and
what theory would support your position? Are there injustices built into such measures?
From a utilitarian perspective, increasing gasoline taxes to limit car usage can be an effective
strategy to reduce environmental impact. By making gasoline more expensive, people would be
motivated to use less of it, leading to a reduction in harmful emissions and improved air quality,
which is good. This supports the principles of maximizing overall societal welfare. However, it
doesn’t take into consideration those that rely on their mode of transportation as a means of
providing a life for themselves and their loved ones or other who only have their vehicles to get
them wherever they need to be. By Rawlsian standards, one can assume that the proposed change
was not developed under those in the first position under the veil of ignorance so it can be
considered unjust. Those that propose the change in laws also were not acting justly in
accordance with the difference principal which states that inequalities can be justified only if
they work to the benefit of the least advantaged (Shaw & Barry, 2016, pg. 124). There are those
that rely on their vehicles as their primary source of transportation. It’s how they get to work, get
their children to school, see other family members, go to the doctors, or even take their children
to the doctor’s. Increasing taxes on gas, thereby increasing the overall cost of transportation for
those that are not financially able to adjust to the change, places them at an unfair disadvantage
because now they have to decide what is more important to do and must make the decision to
forego activities that once were par for the course. What about the possibility that the US auto industry, encouraged by its partial owner, the US
government, will no longer produce large gas guzzlers (think Hummer) or will subsidize
hybrid or green cars? Is it ethical for the government to essentially prevent a US company
from producing a legal good or encourage a company to produce one good over another?
What ethical theory supports your position?
From a utilitarian perspective, I feel that it is ethically just for the government to act in favor of
the betterment of the country with regard to the production of gas guzzling vehicles and their
impact on the environment and the health of its citizens. “U.S. automakers, Becker said, are
using less-advanced technology than their European and Asian competitors, who make more
fuel-efficient vehicles” (Harwell, 2016). I also feel that it is ethically just to encourage the
vehicle maker to limit themselves by providing incentives for them to do so because if not, auto
makers would be driven by their bottom line and motivated to produce their products in the most
cost-efficient way which would not take the country, its environment, its citizens, or the impact
of its practices into consideration. However, I feel that it is necessary to ensure that these policies
don’t cause an unfair disadvantage those companies or individuals within the market. Nozick’s
first principal of entitlement maintains that “the appropriation of unheld goods or the creation of
new goods. If a person acquires a holding in accordance with this principle, then he or she is
entitled to it.” (Shaw and Barry, 2016, p115) In this case, the goods produced by the auto makers
are the product of their manufacturing by the automaker, and the manufacturing of those goods
should not be impeded by any other person or government. A libertarian may view the
government’s interference with how the vehicles are being manufactured as an infringement of
their rights despite the environmental impact of their actions, and the long-term effects of the
increase of vehicles on the road. What are the possible ethical considerations of banning or restricting the import of cars that
do not meet certain emission standards? Volkswagen was recently embroiled in a major
business disaster when it was discovered that software engineers had inserted a "fix" in their
cars that was designed to fool emission tests. While illegal, was that unethical?
I don’t believe there should be any ethical considerations with regard to the first part of this
question. The government has set standards and regulations on their own vehicles and are
holding foreign companies to the same standard. In my opinion, if a foreign company wants to
operate outside of its own borders, then it must abide by the rules of its host and must produce
vehicles that meets that country’s standards. For example, if there is a rule in my home that
profanity is not to be used, and you come into my home cussing up a storm, I am well within my
rights to ask you to leave. Simple. In this case, the response is clear. Regarding Volkswagen's
actions, they were also highly unethical. The deliberate manipulation of emission tests not only
violated regulations but also betrayed consumer trust and demonstrated a lack of corporate social
responsibility. "The thing that's going to sell cars is if laws are tough and being enforced and so
that consumers don't have to take it as their own responsibility," Claybrook said. "People like a
free-market system that's trustworthy. And the auto industry was losing the public trust."
(Harwell, 2016). Finally, the world today is full of news about fracking, the process by which a high volume of
liquid is pumped into the ground to fracture rock and extract natural gas. What are the ethical
considerations of either permitting or prohibiting property owners from using their property in
this manner?
This last question immediately brings to mind Nozick’ entitlement theory, property rights, and
free markets. Nozick’s first principal of the entitlement theory states that “If a person acquires a
holding in accordance with this principle, then he or she is entitled to it. If, for example, you
discover and remove minerals from the wilderness or make something out of materials you
already legitimately possess, then you have justly acquired this new holding… Nozick’s second
principal concerns transfers of already-owned goods from one person to another: how people
may legitimately transfer holdings to others and how they may legitimately get holdings from
others. If a person possesses a holding because of a legitimate transfer, then he or she is entitled
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