Sexual Ethics - Application of Theories
HOMOSEXUALITY
ETHICAL THEORIES
Natural Law
Situation Ethics
Utilitariansm
PREMARITAL SEX
Kant
DUTY - when we are doing our duty when we act on the basis of well thought out moral choice. This could be used as an issue of divorce - couple have a moral duty to stay together to benefit children
CATEGORICAL IMPERITIVE - based on what we 'ought' to do, he would not have a relative approach to sexual ethics - everyone would have to conduct their sexual relationships in accordance with a universal moral code
MEANS TO AN END - would advocate the importance of marriage, it would prevent people from using others as a means to an end - He might be against contraception as it encourages promiscuity or for it because it stops woman being used for procreation only
UNIVERSALIBILITY - an action can only be right if it everybody can do it and society still be functional. We should only act on a maxim which we can universalize e.g. if you had sex with someone you had no intention of talking to again, you would accept this as a maxim.
Law on Homosexuality
CONTRACEPTION
Natural Law
In 1967 gay homosexual acts between consenting adults were decriminalised. In 2005 gay people were allowed to undertake civil partnerships. Full marriage rights were given in 2014.
Natural Law
Reproduction which is one of the primary precepts does not occur in homosexual relationships, he says it is wrong to do what God did not intend and God did not intend for sex without reproduction.
REPRODUCTION - the telos or purpose of the act of sex, and one of our purposes as human beings is to reproduce. this is central to Natural law's position on homosexuality.
MARRIAGE - A secondary precept that is deduced as it brings order to society. Children need the order and stability that a married life brings.
DIVINE LAW - revealed in scripture through the ten Commandments, "do not commit adultery" and rules out extramarital sex.
REAL & APPARENT GOODS - although sex may lead to pleasure, the purpose of sex is reproduction. To pursue sexual pleasure through premarital, extramarital or homosexual sex is an apparent good. Right reasoning about out telos would lead us to reject these ideas according to natural law.
AGAPE - unconditional love for one's neighbour. Not to be confused with eros which is sexual love, but in relationships it may be difficult to separate the two. Fletcher may draw a distinction between casual and promiscuous sex and sex within the context of a living relationship.
PEOPLE CENTRED - What is right depends on the situation, people are more important that the rules. "sabbath was made for man, not man made for sabbath"
VIA MEDIUM - between legalism and anti-nomianism, it rejects moral absolutism. Love relativises the absolute, it is not absolutised by the relative.
THE FOUR PRINCIPLES - Pragmatism: truth should be understood in terms of what works in practice
Relativism: love is absolute everything else is relative to it
Positivism: we create the good rather than discovering it, we decide our own values by looking at the situation.
Presonalism: people are the ultimate moral value
PLEASURE - "nature has placed man under the governance of two sovereign masters, pain and pleasure. "Provided that the pleasure outweighs the pain , an action is a good action. Thus, premarital and homosexual sex could be treated just the same as heterosexual sex within marriage.
EUDAMONIA - Mill takes a more eudemonic approach to utilitarianism, we should seek a pleasure or happiness that means flourishing and living well. Mill refers to higher and lower pleasures, "I would rather be a Socrates dissatisfied than a fool satisfied"
ACT ULTILITARIANISM - balance of good and evil in each individual case, "inalienable rights is nonsense upon stilits", all pleasure is equal.
RULE UTILITARIANISM - balance of good an evil for society, "my freedom to swing my fist in any direction ends where your nose begins"
HARM PRINCIPLE - "the only purpose for which power can be exercised over any member of a civilised community, against his will, is to prevent harm to others." Differing sexual behaviours should be permitted as people are not being harmed, so Mill's theory would allow premarital and Homosexual sex.
Natural Law
Kant
EXTRAMARITAL SEX
The telos and purpose of the act of sex is reproduction, contraception prohibits this reproduction therefore it is immoral. Contraception breaks the primary precept to reproduce, so a secondary precept would be not to use contraception.
Genesis 38:9-10 "whenever he slept with his brother’s wife, he spilled his semen on the ground to keep from providing offspring for his brother. What he did was wicked in the Lord’s sight; so the Lord put him to death"
Utilitarianism
Having access to the pill has meant that there are less large families which people may not necessarily be able to care for. It means that women in developing countries have a greater livelihoods and has
expanded their opportunities. Women in developing countries have a higher chance of finishing education, getting jobs and reducing stress. However, it does increase the amount of risky behavior and does in some way lead the door open to hook up cultures people are no longer bound together by a baby.
Bentham might argue that it means more pleasure can be pursued without the pains of childbirth and childcare so it could be seen as beneficial.
Mill would argue that the overall benefits of contraception on society outweigh the negatives that it has so it might even be encouraged. Contraception would also lead to less harm towards women through childbirth.
Situation Ethics
If contraception is being used so that a couple can be brought closer together in an agapeistic way then contraception would help to do that without having the burden of childbirth.
Contraception may be the most loving thing if a couple intend to continually have sex as it would allow them to progress of with the lives without the financial burdens of having children. Fletcher would make the distinction that it is loving because of the consequences of childbirth not occurring are loving not the pleasures that are gained from sex.
Kant
since contraception is widespread one could consider that it has been universalized and thus it could be seen as a good action as people all doing it doesn't have any negative impacts. However, we must be clear that we are universalising the ability to use contraception not the act of using contraception because if contraception were to always be used then there would be no reproduction and no human race.
Supported by Leviticus 18:22 “You shall not lie with a male as with a woman; it is an abomination.” It goes against what is natural meant to happen, not what God intends.
RUSSELL MOORE writes that while Christians are happy to follow the view set out by LEVITICUS in that it's immoral for a man to lie with a man yet they reject the passage later on that advocates beheading as punishment for the homosexual act committed. Scripture is being used inconsistently and interpreted inconsistently to enforce prejudice.
If it does not lead to reproduction then it goes against our telos, and to that extent it is wrong.
Sexuality has to be within the bounds of marriage as that is what Natural law insists occurs in the bible. God created sex and it is a gift from God to be enjoyed within marriage, it dishonours Him and the other person when done outside of marriage.
However, if the premarital does lead to reproduction then it could be argued that this is being seen as an apparent good as reproduction is still occurring just not within the bounds of marriage.
Kant
Homosexuality cannot be universalised as the human race would die out as there would be no reproduction.
The requirement to treat all people as ends seems to suggest that gay people should be free to express this aspect of their identity.
Utilitarianism
With Mill's Harm Principle he would argue that it is not within the power of the government to enforce what people should and shouldn't do regarding to homosexuality as it does not cause any harm, and thus doesn't warrant the use of external power.
Bentham's focus on majority pleasure would allow homosexuality as long as there is more pleasure being created than displeasure. He supported homosexuality as well as Pederasty - an older man having sex with kids
Situatiuon Ethics
Treating people as an end of reproduction may be stopped by contraception. but it may be a start of treating people as an ends for pleasure.
Utilitarianism
Situation ethics
Utilirainism
Mill's harm principle seems to suggest an opposition to adultery as it causes harm to the person who is being cheated on and to his relationship with his partner.
Bentham loves any form of pleasure thus any form of sex goes.
Mill also regards sex as a lower pleasure so to break a higher Eudemonic pleasure of marriage for a lower sexual pleasure would be wrong.
Said that whether any form of sex is good or evil depends on whether love is fully served.
Depends on a case by case situation but overall stopping homosexuality does not seemed like the most loving thing to do. Allowing sex within a loving homosexual relationship is the most loving thing to do.
Catholic Church
However, POPE FRANCIS has said, 'If a person is gay and seeks God and has good will, who am I to judge?'
The Catholic Church state that there is no sin involved in an inclination towards a member of the same sex, as such inclination is not freely chosen.
Homosexual people should be treated with respect, compassion and sensitivity, and unjust discrimination should be avoided. The Catholic Church teaches that such people are called to chastity and with the help of friendship, prayer and grace, will they achieve Christian perfection
Should biblical passages be interpreted and understood in the contexts they were written rather than applying to the contemporary world today Romans says 'Men committed shameful acts with other men’, this could be interpreted as homosexuality or a pair of men both practicing bestiality or even men practicing shameful acts with other men towards women. The message can easily be interpreted in a number of ways.
Marriage is a contract where persons give each other rights so that any sexual relationship does not 'degrade human nature' by treating the other person as an object. sex outside of marriage removes the assurance that the intercourse will not degrade humanity to a lust fuelled ecstasy.
Although Mill regards sexual pleasure as a lower pleasure his Harm Principle suggests that a government should only intervene if others are being harmed.
Bentham: pleasure, pleasure, pleasure
Said that whether any form of sex is good or evil depends on whether love is fully served.
Natural Law
Kant
Genesis 2:24 "a man leaves his father and mother and is united to his wife and they become one flesh", sex should only be between two people of one flesh. Marriage and sexual union are God's plan as well as God's approval of marriage as a sacrament
Cannot be universalised as that would mean that marriage is meaningless which would mean that humanity could be degraded by baseless sexual acts.
Couples practicing adultery are not sticking to their duty to each other or to sick together to benefit their children.
it breaks the promises made in marriage and Kant strongly opposes promise breaking, it also treats at least one of the parties as a means to an ends.
the requirements that persons are respectful are broken in extramarital sex as the couple is more likely to having sex out of lust rather than a meaningful relationship.
Situation Ethics
Divine Law, Exodus 20:14 "thou shalt no commit adultery"
Although sex may lead to pleasure the purpose of sex is to lead to repordcution so pursuing sex outside of marriage, extramarital sex, would be an apparent good.
Extramarital sex does not bring a couple closer together, if anything it tears a couple apart in possibly in a very unloving way.
Christians draw on the teaching of in that we all are made - If God created men and women as homosexuals, they argue, then that nature and inclination must be good. Otherwise, it would suggest that God intentionally created disordered human beings.
For the Catholic Church, premarital sex doesn't express fidelity, exclusivity and commitment, consequently leading to no toleration towards sex before marriage. People who engage in premarital sex are in a state of sin. However, some Christian leaders have advocated recognising premarital sex different, viewing it as a progression towards marriage rather than a rejection of marriage. But that depends if the people practicing premarital sex are cohabitating or are just having a hook up.
if an extreme situation presents itself where extramarital sex is seen as the most possible loving situation then it may be seen as acceptable
Fletcher used an example, "The defence agency wanted her to take a secretary's job in a western European city; and under that cover 'involve' a married man who was working for a rival power.... we are sure this job can't be done any other way"
Sexuality has to be within the bounds of marriage as that is what Natural law insists occurs in the bible. God created sex and it is a gift from God to be enjoyed within marriage, it dishonours Him and the other person when done outside of marriage.
“Choices in the area of sexual behaviour should be entirely private and personal.” Discuss (40 marks)
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Mill regards sexual pleasure as a lower pleasure but his Harm Principle suggests that a government should only intervene if others are being harmed.
Oversexualisation such as Kant's view reduces humanity to animalistic pleasures.
Fletcher said that whether any form of sex is good or evil depends on whether love is fully served. Allows the setting aside of social rules if it is the most loving thing to do.
Due the intimate nature of sex, some people believe that one's sexual behaviour should be viewed as entirely personal matter, free from the constraints of outside sexual ethical rules. If society adopted this view, sex would be free from sexual obligations and acts such as extra-marital, pre-marital and homosexual sex would no longer be prohibited by social or legal rules.
However, others argue that sex can never exclusively be a private matter. Not only because sex involves more than one person but also because sexual acts have an effect on wider society, such as creating human life.
Sex between two individuals of the opposite sex has the potential to create new human life, which is necessary for the continuation of humanity. Many people believe that because of this, sexual behaviour should be regulated in a way that ensures society continues and function effectively. Sex between married heterosexual couples is seen as the best thing for society, as it not only ensures the continuation of humanity, but it also means that children born will most likely grow up in a stable environment with two adults providing support. This ultimately has a positive effect on children's well-being and development as well as creating a reliable future workforce for society in general.
Alternatively, a society that didn't advocate sex inside marriage, with either social rules or actual legislation, may experience terrible consequences in the long-term. Extra-marital sex is when a married person has sex with someone other than his or her spouse, or when a single person has sex with a married person. The creation of a child in extra-marital sex can lead to the breakup of marriages. Aside from causing emotional distress for the other spouse and the children involved, this will also decrease the amount of nuclear families in society, which has been argued to be the ideal family units to exist for family to function.
Furthermore, pre-marital sex, when individuals engage in sex prior to a formal marriage, can lead to the exploitation of the vulnerable. For example, young women who fall pregnant after engaging in pre-marital sex are often left vulnerable to abandonment, as there is a lack of legal and emotional ties between the mother and father that would usually be secured by marriage. Increasing numbers of people having sex outside of marriage and children being brought up in single parent homes would result if society did not have social norms that favoured sex happening within marriages. This is an observable phenomenon in the UK. According to the Office of National Statistic, the rate of marriages in England and Wales have been steadily decreasing since the 1970s, while divorces have increased. Some argue that increasing public opinion that sex should be private and personal is to blame
Natural Law ethics sees right and wrong as fixed concepts that can be deduced through reason. He argued individuals' reason could be used to reveal certain primary precepts that are good, for instance, protecting life and ensuring reproduction. Catholic thought, heavily influenced by Natural Law, would put forward the argument that sex is something that should be subject to social norms and legislation, as sex is linked to new life, to stability, community and commitment. The argument can be made that homosexual sex, pre-marital sex and extramarital sex should be restricted by social norms or legislation in extreme cases. It may be the most ethical course of action to prohibit sexual behaviour that is not beneficial for sustaining human society but in fact hurting society. Homosexual sex cannot bring forth new life and bringing new life outside of marriage does not ensure that a child is nurtured in a stable way. This would support the view that sexual behaviour should be subject to social norms.
On the other hand, it could be argued that traditional ethical rules surrounding sex are too restrictive on individuals. Social norms which perceive married heterosexual couples as the only legitimate relationship in which sex can take place, ultimately leads to the oppression of minority groups and repression of individuals sexual desires. The case can be made that this restriction of the individual is an unethical approach to sexual behaviour in our society.
Situation Ethics permits the setting aside of social rules, if that is the most loving thing to do, Fletcher argued that this could be applied to sexual ethics. For example, a married woman whose husband is suffering from Alzheimer's may seek an extra-marital relationship which offers her the support and care that she needs while caring for her husband. If extra-marital sex was prohibited by legislation, for instance, this woman would suffer from the absence of emotional support she would receive from a loving relationship as she cannot divorce her ill husband and there are laws restricting her from seeking that love somewhere else. This example highlights how sex being regulated by legislation may lead to negative consequences for society, causing more pain than pleasure. In these situations, it may be more ethical to abandon sexual ethical rules that prohibit extra-marital affairs.
Mill emphasised the importance of putting the pleasures of the minority on top of the pain of the majority, especially if the minority's pain is not causing any harm. In the case of homosexuality, the happiness of the homosexual minority would be priority over the above the pains of those who oppose homosexuality thus preventing mob instincts governing the lives of those who are different.
My Argument
If sex is a personal and private matter would unrestricted regulations lead to moral decay? And would absolutely unrestricted sex degrade humanity into a lust fueled ecstasy? It is clear to me that sex should only be personal and private if it does not cause harm to other people; through its impacts upon society, or through the sexual act
This is because of Mill's harm principle. The problems with this view point are that utilitarianism could lead to oversexualisation and for example gang rape being made acceptable. Another problem with this is that there could be a decline into moral decay
Mill's Harm Principle suggests that a government should only intervene into peoples liberty if others are being harmed. Mill emphasised the importance of putting the pleasures of the minority on top of the pain of the majority, especially if the minority's pain is not causing any harm. In the case of homosexuality, the happiness of the homosexual minority would be priority over the above the pains of those who oppose homosexuality thus preventing mob instincts governing the lives of those who are different.
The problems with this viewpoint are that utilitarianism could lead to over-sexualisation and for example gang rape being made acceptable. A form of utilitarianism where the bounds of morality are just the greatest pleasure for the greatest number would be chaotic.
Another problem with this is that there could be a decline into moral decay, the demise of ecclesiastical heteronomy leads to a decline or fall of the moral values of society. Which leads to arbitrary morality where decisions appear to be made randomly.
Do extramarital and premarital relationships cause harm to individual people and society? That means extramarital sex is bad as it disrupts relationships, homosexuality is fine because it doesn't hurt people, and premarital sex is fine as long as it doesn't lead to exploitation of young people.
Kant might argue that choices of sexual behaviour should be subject to rules and regulations to ensure that any sexual relationship does not 'degrade human nature' by treating the other person as an object. Sex outside of marriage removes the assurance that the intercourse will not degrade humanity to a lust fueled ecstasy.
This is where we make a distinction between Bentham and Mill's different opinions of utilitarianism and how Mill has refined his godfather's philosophy. Mill regards sexual pleasure as a lower pleasure, placing value in the idea of higher and lower pleasures. Thus, it is more about having an Aristotelean Eudemonic sense of pleasure rather than sexual pleasure. Therefore, sex within the means of Mill's harm principle will not lead to lust fuelled ecstasy because of the harm Principle allowing rules and regulations to step in where harm is being caused.
"Over himself, over his own body and mind, the individual is sovereign" On Liberty
Millll also said "the liberty of the individual must be thus far limited, he must not make himself a nuisance to other people" On Liberty, thus if peoples choices in the area of sexual behavior cause harm to others then part of that freedom should be taken away.
The Harm Principle: "The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others." On Liberty
through natural law Aquinas argued that right and wrong are fixed concepts that can be deduced through reason. He argued individuals' reason could be used to reveal certain primary precepts that are good, for instance, protecting life and ensuring reproduction. Without a society based upon firm foundations the meaning of what is good and bad is lost. Therefore sexual behaviour should be subject to social norms as sexual acts have an effect on wider society. Having them unrestricted would lead to a decline into a moral decay which could cause harm and damage to people.
However, due to Mill's harm principle any excess damage would be averted. there would not be a completely restrictionless society as extramarital sex would still be prohibited because it would cause harm to the person who is being cheated on and to his relationship with his partner. although the bounds of morality may seem weak, there are bounds when it comes to inflicting human suffering upon others hence, this view ensures there will not be a decline into moral decay.
Grounding problem that may be suffered by utilitarianism, is solved by the harm principle as well as the pleasure principle.