Military Review English Edition September-October 2014 | Page 76
remain prohibited and unacceptable regardless of the
situation or the outcome. The idea behind macro-ethics
is to determine whether a morally permissible or even a
morally dubious action will produce a morally permissible outcome on a strategic level.
To help clarify the distinction between morally
permissible and morally dubious actions, we should
establish the meaning of dubious. Merriam-Webster.com
provides two definitions. For the purposes of this paper,
the second definition, “unsettled in opinion,” is useful
since it highlights that not all actions can or should be
considered prima facie moral or immoral.4 That is, there
are differences of opinion on the morality of many
matters; these we call “grey areas.”
For example, there are differences of opinion
regarding strategic bombing in disputing whether it is
ever morally permissible to bomb cities where one is
certain there will be civilian casualties. During the period between World War I and World War II, many considered the bombing of cities permissible. Everything
that added to a nation’s capacity to wage war was
considered a legitimate target, much of which was often
located in large urban and industrialized areas. The
bombing of these targets would result in a shorter war,
the argument went, which was a desired, and morally
permissible, strategic outcome. In some camps, this
idea remained widely accepted beyond World War
II. Nevertheless, there was, and remains, considerable
disagreement as to the moral permissibility of bombing
cities. It is a morally dubious tactic. Notwithstanding, a
shorter war still is considered a desirable, and morally
acceptable, outcome.
Application to the ethics of tactical decisions. The
Cynefin Framework can give high-level military leaders
a tool for deciding when or whether a tactic—such as
the bombing of cities for strategic purposes—is morally
permissible, morally dubious, or morally prohibited.
Using this framework can help leaders make a morally
acceptable decision.
The Cynefin Framework was developed to help executives make decisions in complex business situations.
In this paper, I propose applying the model for ethical
decision making in military operations.
Contexts for decision making. Snowden defines
the Cynefin Framework using five contexts, also called
domains: obvious (originally called simple in the 2007
article), complicated, complex, chaotic, and disorder.5
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(In the Cynefin Framework, complicated and complex
are used differently; they are not synonyms.)
According to Snowden and Boone, obvious and
complicated contexts, “assume an ordered universe,
where cause-and-effect relationships are perceptible,
and right answers can be determined based on the
facts.”6 An obvious context is relatively simple; things
are as they appear. To make decisions in an obvious
context, a leader’s job is to sense, categorize, and then
respond.7 There is a right answer.
Many ethical decisions fall under an obvious context. For example, the decision whether to kill enemy
prisoners is an ethical decision in an obvious context.
Killing unarmed prisoners violates any number of
laws and moral codes. It is a morally prohibited act.
The decision to kill in self-defense, however, is morally
permissible. Again, the decision is simple. One senses
the situation, categorizes it (based on the rule that
killing is permissible in self-defense), and responds
appropriately.
Within a complicated context, the situation is
slightly different. There may be more than one right
answer. To make decisions in a complicated context,
leaders sense, analyze, and then respond.8 In this context, leaders use personal knowledge and experience as
well as subject matter expertise to analyze the situation
and come to a decision. For example, military decisions
in a complicated context may involve obtaining legal
analysis, whereupon leaders base their decisions on interpretation of laws. By way of illustration, the decision
to target a religious site may be a legal decision based on
the rules of engagement (ROE). If an enemy operates
from a religious site, under the prevailing ROE that site
may lose its status and becomes a legal, and morally
permissible, target. Conducting operations against the
target would be thus legally acceptable. However, the
decision is not simple; it involves analysis. It is complicated. The decision to treat such a site as a target may
not be straightforward. Other factors may emerge, after
careful consideration, that outweigh on moral grounds
purely legal justification for attacking the site.
This illustrates that not all legal acts are morally
permissible, which means decision makers should not
regard the results of some legal acts as being acceptable.
Legality and morality get tangled.
In the article “Law and Ethics in Command
Decision-Making,” A. Edward Major discusses the
September-October 2014 MILITARY REVIEW