Question

Research the Prima Facie Duties proposed by author W.D. Ross. In the Garner case, what duties of fidelity did the officers owe the victim, and what duties of justice were breached. Please help

Answer 1

According to the moralist W. D. Ross (1877-1971), there are several prima facie duties that we can use to determine what we ought to do in a situation of ethical conflict. A prima facie duty is a duty that is binding on a person unless it is overridden or trumped by another duty or duties. It is a fairly strong guideline in favor of doing a particular action. An example of a prima facie duty is the duty to keep promises as it is generally morally correct to keep a promise made unless other larger factors such as safety of a life may override.

Ross proposed the following major types of Prima facie duties:

Fidelity. Duties of fidelity are duties to keep one’s promises and contracts and not to engage in deception.

2. Reparation which is a duty to make up for the injuries one has done to others.

3. Gratitude. This is a duty to be grateful for benefactions done to oneself often by returning the favour.

4. Non-injury. also known as non-maleficence, it is the duty not to harm others physically or psychologically and ensure protection of their interests.

5. Harm-Prevention. this is the prima facie duty of a person to prevent harm to others from other external causes than oneself.

6. Beneficence. This pertains to the duty to do good to others: to promote their health, security, and pleasure.

7. Self-Improvement. This defines the responsibility towards actions which promote one’s own health, security, wisdom, moral goodness, and happiness.

8. Justice. The duty of justice mentions that one act in such a way that there is a balance in the distribution of one distributes benefits and burdens fairly across the different individuals, groups involved.

In the context of the case of the police encounter against Justin Garner in Staten Island, New York, one can see a breach of the duty to justice by the two police officers . The case brings forth the issue of  officers using force, particularly against Black men. It presents a situation where the two officers violate their duty towards protection of the civilian from physical injury caused by their own action of holding him in custody against a minor breach of law by the Garner’s act of selling cigarettes without a license. Moroever, the officers seem to show a disregard for their duty to uphold justice where the focus is on equalising the distribution of benefits (here benefits to society through adherence to the trade laws) and burdens (the costs or harm incurred by not acting against Garner). The officer on thier part, minimise the significance both their responsibility to fidelity and the duty to justice which consequently leads them to adopt unconstitutional practices and act with aggression against Garner and become responsible for his death.