Question

Tim had been unemployed for three years and had used up all his savings. Desperate to make some income, he watched a commercial about insurance coverage and a brainstorm hit him. He would contact old friends on Facebook, figure out which ones were severely ill, and then take out life insurance policies on them. This way, when they passed away, he would finally make some money.

(a) Ignoring the moral aspects, will this new scheme work for Tim? Why or why not? Refer to the applicable law.

(b) With his mind still on insurance, Tim has a second brainstorm. When he was married to Jessica, they had taken out a policy with Nationwide Insurance and insured their home. The policy he bought had named him as the insured. The policy also provided that the spouse of the named insured would be covered. Unfortunately, he and Jessica had subsequently divorced but he remembered seeing on Facebook that the home he had shared with Jessica was completely destroyed by fire. Tim decides to sue Jessica and Nationwide asserting claims for breach of contract and bad faith, and seeking to recover the proceeds under the insurance policy. Will Tim succeed in his lawsuit? Explain referring to the applicable case in the text.

c) With his mind still on insurance, Tim recalls that he has a health insurance policy and that he might be able to collect some money under it now that his kidneys are acting up again. He’s a little concerned because he lied on the insurance policy application and didn’t reveal that he had chronic kidney disease. However, that was one year ago, so he guesses it doesn’t matter. Is Tim correct? Explain the applicable law.

d) Tim finally gets himself back on track and returns to his job as an orthodontist. While installing a palate expander on one of his employees, Sara, Tim decides to prank her. Because Sara loves bulldogs, he inserts some temporary expanders into her cheeks, which makes her look like a bulldog. Shortly thereafter, at the office holiday party, Tim shows the pictures to the rest of the staff. Sara refuses to return to work and sues Tim for battery. Tim has an insurance policy with a professional liability provision. Does the insurance company have to defend him in this lawsuit? Explain why or why not and cite the relevant case in the text.

Answer 1

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The topic of this entry is not—at least directly—moral theory; rather, it is the definition of morality. Moral theories are large and complex things; definitions are not. The question of the definition of morality is the question of identifying the target of moral theorizing. Identifying this target enables us to see different moral theories as attempting to capture the very same thing. In this way, the distinction between a definition of morality and a moral theory parallels the distinction John Rawls (1971: 9) drew between the general concept of justice and various detailed conceptions of it. Rawls’ terminology, however, suggests a psychological distinction, and also suggests that many people have conceptions of justice. But the definition/theory distinction is not psychological, and only moral theorists typically have moral theories.

There does not seem to be much reason to think that a single definition of morality will be applicable to all moral discussions. One reason for this is that “morality” seems to be used in two distinct broad senses: a descriptive sense and a normative sense. More particularly, the term “morality” can be used either

1. descriptively to refer to certain codes of conduct put forward by a society or a group (such as a religion), or accepted by an individual for her own behavior, or
2. normatively to refer to a code of conduct that, given specified conditions, would be put forward by all rational persons.

Which of these two senses of “morality” a theorist is using plays a crucial, although sometimes unacknowledged, role in the development of an ethical theory. If one uses “morality” in its descriptive sense, and therefore uses it to refer to codes of conduct actually put forward by distinct groups or societies, one will almost certainly deny that there is a universal morality that applies to all human beings. The descriptive use of “morality” is the one used by anthropologists when they report on the morality of the societies that they study. Recently, some comparative and evolutionary psychologists (Haidt 2006; Hauser 2006; De Waal 1996) have taken morality, or a close anticipation of it, to be present among groups of non-human animals: primarily, but not exclusively, other primates.

Any definition of “morality” in the descriptive sense will need to specify which of the codes put forward by a society or group count as moral. Even in small homogeneous societies that have no written language, distinctions are sometimes made between morality, etiquette, law, and religion. And in larger and more complex societies these distinctions are often sharply marked. So “morality” cannot be taken to refer to every code of conduct put forward by a society.

In the normative sense, “morality” refers to a code of conduct that would be accepted by anyone who meets certain intellectual and volitional conditions, almost always including the condition of being rational. That a person meets these conditions is typically expressed by saying that the person counts as a moral agent. However, merely showing that a certain code would be accepted by any moral agent is not enough to show that the code is the moral code. It might well be that all moral agents would also accept a code of prudence or rationality, but this would not by itself show that prudence was part of morality.

As we’ve just seen, not all codes that are put forward by societies or groups are moral codes in the descriptive sense of morality, and not all codes that would be accepted by all moral agents are moral codes in the normative sense of morality. So any definition of morality—in either sense—will require further criteria. Still, each of these two very brief descriptions of codes might be regarded as offering some features of morality that would be included in any adequate definition. In that way they might be taken to be offering some definitional features of morality, in each of its two senses. When one has specified enough definitional features to allow one to classify all the relevant moral theories as theories of a common subject, one might then be taken to have given a definition of morality. This is the sense of “definition” at work in this entry.

Explicit attempts to define morality are hard to find, at least since the beginning of the 20^th century. One possible explanation for this is the combined effect of early positivistic worries about the metaphysical status of normative properties, followed (or augmented) by Wittgensteinian worries about definitions of any significant terms whatsoever. Whatever the explanation, when definitions have been offered, they have tended to be directed at the notion of moral judgment (Hare 1952, 1981) rather than at morality itself. To the degree that these definitions are adequate, they might, without much effort, be converted into definitions of morality in the descriptive sense. For example, a particular person’s morality might be regarded as the content of the basic moral judgments that person is prepared to accept. However, as G. Wallace and A.D.M. Walker (1970) note, virtually all “definitions” of moral judgments are only the specification of one definitional feature or another.

What counts as definitional of morality, in either sense of “morality”, is controversial. Moreover, the line between what is part of a definition, in the sense at issue, and what is part of a moral theory, is not entirely sharp. For example, some might regard it as definitional of morality, in the normative sense, that it governs only interpersonal interactions. Others, however, might take this to be a substantive theoretical claim. Some might take it as definitional of “morality” in its descriptive sense that it be a code of conduct that a person or group takes to be most important. But others might say that attention to religion casts doubt on this idea.

“Morality”, when used in a descriptive sense, has an important feature that “morality” in the normative sense does not have: a feature that stems from its relational nature. This feature is the following: that if one is not a member of the relevant society or group, or is not the relevant individual, then accepting a certain account of the content of morality, in the descriptive sense, has no implications for how one should behave. On the other hand, if one accepts a moral theory’s account of moral agents, and the specifications of the conditions under which all moral agents would endorse a code of conduct as a moral code, then one accepts that moral theory’s normative definition of “morality”. Accepting an account of “morality” in the normative sense commits one to regarding some behavior as immoral, perhaps even behavior that one is tempted to perform. Because accepting an account of “morality” in the normative sense involves this commitment, it is not surprising that philosophers seriously disagree about which account to accept.