Why Laws? •  "Laws are necessary because people are

not fully responsible and because the

competitive nature of our free enterprise

system does not always encourage the

requisite moral initiative on the part of

corporations“

Martin, Mike W. and Roland Schinzinger, "Ethics in Engineering", Third Edition, McGraw-Hill Companies, Inc. 1996. 1

Laws

•  Laws can be thought of as an attempt to

define a minimum standard of behaviour

acceptable to the society.

•  Laws are a set of "rules" that are

generally applied without exception.

•  Laws are based on ethical principles 2

Laws

•  Laws are set as a minimum because: i) it

would be impractical to enforce or

administer if they included a large part of

all behaviour, and ii) allows room for moral

judgment (assume most people want to

do good)

3

Laws •  Laws are sometimes necessary to effect

overall good when responsibility is divided

too broadly.

•  Laws typically expand over time, based on

experience, to protect the "public" from

those with poor judgment, or those who

choose to operate at the lower end of the

spectrum. 4

The effects of laws are limited: •  They encourage “minimal compliance”

•  They tend toward the kind of detailed regulation

that can harm productivity and sometimes

actually promote violations of the spirit of the

law

•  They inevitably lag behind technological

development

5

Ethics and the Law

•  The practice of engineering is governed by

laws (international, provincial/state, and

local)

•  An engineer is always minimally safe by

following the applicable laws (legal

responsibilities)

6

Ethics and the Law

•  Moral responsibilities of engineers are

equally important.

•  In engineering ethics, we seek to go

beyond the dictates of the law; it is

especially vital for engineers working at

the frontiers of technological development

7

Ethics and the Law (cont’d)

•  There is a distinction between what is

legal and what is ethical

•  Some things are legal but could be

considered unethical

•  Because something is illegal doesn’t mean

that it is unethical 8

Ethics and the Law (cont’d)

•  Our interest, in engineering ethics, is in

areas where ethical principles conflict and

there is no legal guidance for how to

resolve the conflict.

9

What are Codes of Ethics?

•  Provides a framework for ethical judgment for a professional.

•  Expresses the commitment to ethical conduct shared by members of a profession

•  Defines the roles and responsibilities of professionals

Harris, Pritchard and Rabins, 2000

10

Understanding “Codes of Ethics”

•  Can be thought of as "laws" for a sub- set of a population (who, as a condition of membership or voluntarily, agree to abide by such a "code")

•  Are typically higher on moral scale than general laws (contributes to respect / trust of group?)

•  Other characteristics of "Laws" can also apply to "codes" to some extent.

11

12

P17, Lynch notes 2001 - 2006

Code of Ethics •  Oldenquist & Slowter examined numerous

Engineering codes of Ethics and found

that they generally all contain entries

addressing these 3 topics:

– public interest

– qualities of truth, honesty, fairness

– professional performance 13

Roles of Codes of Ethics: Martin, Mike W. and Roland Schinzinger, "Ethics in Engineering", Third Edition, McGraw-Hill Companies, Inc. 1996.

Chapter 2.3 Fledderrmann

ü Inspiration and Guidance

– Often set lofty goals as a guide for members to strive for.

ü Support

– Supports those who seek to act ethically (e.g. "... I am bound by my code of ethics..")

14

Roles cont’d:

ü Deterrence and Discipline –  Acts like "laws" to enforce a standard of behaviour,

and a reason to discipline those who do not comply.

ü Education and Mutual Understanding

–  Explains to members and others the responsibilities of the group (members)

Martin, Mike W. and Roland Schinzinger, "Ethics in Engineering", Third Edition, McGraw-Hill Companies, Inc.

1996.

15

ü Codes of Ethics can be helpful to provide:

– Guidance for the new professional to develop

appropriate standards of care.

– Support for professionals in situations where

conflicting interests exist, e.g. "It isn't just my

opinion... others would advise the same..." or

"I'm compelled by my Code of Ethics to act in

this matter..." 16

Roles cont’d

Roles cont’d:

ü Contributing to the Profession's Public Image

–  Presents a positive image to public of an ethical &

committed profession.

o  Protecting the Status Quo

ü  Can establish conventions which can promote ethical

conduct,

✘  can also limit critical questioning or calls for change. Martin, Mike W. and Roland Schinzinger, "Ethics in Engineering", Third Edition, McGraw-Hill Companies, Inc.

1996.

17

Roles cont’d

✘ Promoting Business Interests

– Can put unwarranted restraints on commerce

(e.g. not allowing competitive bidding)

Martin, Mike W. and Roland Schinzinger, "Ethics in Engineering", Third Edition, McGraw-Hill

Companies, Inc. 1996.

18

Limitations of Codes of Ethics:

Martin and Schinzinger define a few limitations such as:

•  Vagueness – Does a moral situation apply to this situation? – need to be interpreted, judgment must be

applied

Martin, Mike W. and Roland Schinzinger, "Ethics in Engineering", Third Edition, McGraw-Hill Companies, Inc. 1996.

19

Limitations cont’d

•  Conflicting: –  E.g. (NSPE) Section 1

“The Engineer* will be guided in all his professional relations by the highest standards of integrity and will act in professional matters for each client or employer as a faithful agent or trustee”

–  Section 2

“The Engineer will have proper regard for the safety, health and welfare of the public in the performance of his professional duties”

(*Also note the use of the word “his”) 20

…Conflicting cont’d

•  This could create a conflict if an employee

is requested to ignore a situation, which

affects the safety of the public on the

basis of some decision of the company or

client.

21

Limitations cont’d

•  Not final / need change:

•  Society and technology keep evolving, so codes need

to be changed

•  need to keep questioning and examining

22

Limitations cont’d

•  Moral disagreements

– Respectable (moral) groups disagree on the

interpretation or application of some basic

moral principle

•  Proliferation

- such a variety that it sometimes gives

impression that there is no "right" one 23

Objections to Codes of Ethics

•  Relatively few practicing engineers are

members of professional societies, so they

are not compelled to abide by the codes.

•  Many members are not aware of the

existence of the codes, or if they are

aware of it, they have never read it

24

Objections Cont’d

•  Even among engineers who know about

the code, consultation of the code is rare.

•  Codes can be coercive, they foster ethical

behavior with a stick rather than with a

carrot.

25

"The regulatory debate“: •  What are the effects of regulation (law)

on moral / ethical decisions or responsibility?

•  Would the public be better served by more or less regulation (laws)? – Consider:

•  Minimal compliance •  Extreme warnings on labels •  [over?]protective safety regulations/gear(?)

26