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Transcript
Pokhara University
Nepal Engineering College
Centre for the Post Graduate Studies
ECM 521 :
Professional Ethics and Liability in Construction
2. Ethics:
Introduction to Ethics
Use of Ethics
Characteristics of Ethical problems
Approaches of Ethical decision making
1.
Introduction to Ethics
Ethics: ???
• If you live by yourself on an island, you have only
yourself to consider. When you band together with
other people, however, your actions can affect the
group of which you are a part.
• Throughout the history, the group has attempted to set
limits on the behaviors of individuals in the perceived
best interest of the group and or even individuals.
• Group-living has always involved a compromise
between enjoying individual freedom and protecting the
best interests of the groups. So, how an individual’s
freedom can best be protected against the interest of the
society is the concern.
• This concern has long been dealt with the study of
Ethics. The study of Ethics is the study of “how to live
in group.”
Ethics: ???
• Sociologist Raymond Baumhart asked business people, "What does
Ethics mean to you?" Among their replies were the following:
– "Ethics has to do with what my feelings tell me is
right or wrong.“
– "Ethics has to do with my religious beliefs.“
– "Being ethical is doing what the law requires.“
– "Ethics consists of the standards of behavior our
society accepts.“
– "I don't know what the word means."
These replies might be typical of our own. The meaning of "ethics" is
hard to pin down, and the views many people have about ethics are
shaky
“Most people confuse ethics with behaving in accordance with social
conventions, religious beliefs, and the law", and don't treat ethics as a
stand-alone concept.- Tomas Paul and Linda Elder
4
Ethics: ???
• Many people tend to equate ethics with their feelings. But being
ethical is clearly not a matter of following one's feelings. In fact,
feelings frequently deviate from what is ethical.
• Ethics, however, cannot be confined to religion nor is it the same
as religion.
• laws, like feelings, can deviate from what is ethical. Our own preCivil War slavery laws and the old apartheid laws of present-day
South Africa are grotesquely obvious examples of laws that
deviate from what is ethical.
• In any society, most people accept standards that are, in fact,
ethical. But standards of behavior in society can deviate from what
is ethical. An entire society can become ethically corrupt. Nazi
Germany is a good example of a morally corrupt society.
5
Ethics: ???
• The early Greek attempted to understand the meaning of
life and is considered by many to have begun the
development of a Reasoned Philosophy of Ethics. The
teachings of Socrates, Plato, and Aristotle culminated in
Nichomachus Ethics, named after the name of Aristotle’s
son - Nichomachus.
• Plato said that philosophy begins in wonder. Ethics as
branch of philosophy arises from the curiosity about the
values involved in the human behavior.
• The ultimate goal of the quest of human life is usually
mentioned by the words like, The Good, the Highest Good,
the Supreme Good or End, Summum Bonum etc.
• Aristotle debated at length the meaning of the word ‘Good’
as well as the concept of ‘Justice and happiness’.
6
Ethics - Definition
• Derived from the Latin word “Ethos”- the space where people
living together
• Later it covered the Custom, Usage and Habit
• Ethics is related with moral but it is not exactly morale
• The word `moral’ is derived from the Latin word `mores’ which
also means customs, usages or habits
• Morality is the standard of behavior by which people are judged
but Ethics is a system of belief that supports a view of morality,
the aim of ethics is to define the nature of the “Highest good of
a man” as a member of society
• Ethics is related with human conduct, character and values.
Ethics also explores into the problem of practical life i.e.
morality.
7
Ethics - Definition
• Literally, Ethics is the science of customs or collective habits of
men. Any custom has a reference to the community. Customs
are the ways of acting, approved by the group.
• Paulsen defines Ethics as a science of customs or morals.
• According to Mackenzie, Ethics is the study of what is good or
right in conduct.
• For Seth, as the science of the Good, Ethics is the science par
excellence of the ideal and the ‘ought’.
• For Jadunath Sinha, Ethics is the science of the Highest Good.
• Lillie’s definition is a comprehensive definition. According to
William Lillie, “Ethics is a normative science of the conduct of
human beings living in societies – science which judges this
conduct to be right or wrong, good and bad.”
8
Ethics: Definitions
Therefore, Ethics isThe science of custom and habit
The science of character and conduct
The science of rightness and wrongness
The science of morality and
The normative science
2.
Use of Ethics
Use of Ethics
• It exposes the inconsistent measures, defects and
discriminations of the social customs and habits
• It helps to remove incorrect ideas and hence to reduce
possibilities of wrong actions
• It helps to determine the duties of life with reference to moral
ideas
• It helps to rationalize our notion of right or wrong
• It influences directly/indirectly in all sphere of our life
• Examples–
–
–
–
Lay off of the employees
Pounding on upstream side of a dam
Operating Cigarette and Bear factories
Child workers
Use of Ethics
• Ethics studies the moral behaviour in human, and how one
should act. It may be divided into four major areas of study
which include:
• Meta-ethics, about the theoretical meaning and reference of
moral propositions and how their truth-values (if any) may be
determined;
• Normative ethics, about the practical means of determining a
moral course of action;
• Applied ethics, about how moral outcomes can be achieved in
specific situations; and
• Descriptive ethics also known as comparative ethics, about
what moral values people actually abide by.
• Within each of these branches are many different schools of thought and still
further sub-fields of study.
Use of Ethics: Area and Nature of Ethics
• The nature of Ethics can be stated as follows:• Ethics is a science:
– Ethics aims at systematic explanation of its subject matter. It
systematically aims at explanation of rightness and wrongness in
human conduct with reference to ideals. It systematically classifies
our actions into voluntary, involuntary, moral, non- moral and
evaluates them.
• Ethics is a normative science:
– Every individual has three faculties viz. Cognitive, Affective and
Conative (knowing, feeling and willing or acting).there are 3 ideals
in human life corresponding to the three aspects of human nature.
Truth, Beauty, and Good are the Supreme Ideals. Logic, Aesthetics
and Ethics study the ideals of Truth, Beauty and Good respectively.
– The ideals in normative science cannot be proved. In the other words
values” cannot be proved; they are to be approved.
Use of Ethics: Area and Nature of Ethics
• The nature of Ethics:
• Ethics is the science of ideals involved in human conduct:
– Conduct is the assimilation of choice of Ends and choice of means
with some purpose. Thus Ethics is the science of ideals (Ends)
involved in human conduct.
• Ethics evaluates human action:
– Ethics is a discipline which considers human actions from the
viewpoint of ethical norm or standard. It studies what is good or
right in human conduct. Ethics evaluates conduct with reference to
the Summum Bonum of human being.
• Ethics is related with Values:
– Ethical questions are value-oriented questions. Value judgments are
complex products of intuition, sense experience and reason. Values
are necessarily associated with choice of activities. We have to select
the action that is consistent with promotion of life, live organized
rational life.
Use of Ethics: Area and Nature of Ethics
• The nature of Ethics
• Ethics: A Theoretical science or a Practical science?
– Many Western thinkers believe that Ethics is not a practical science
as it gives us knowledge of guiding principles but does not tell us
how to apply them. . A practical science teaches us to know how to
do. It is concerned with means for the realization of a definite end.
E.g. medical science.
– However, in Indian context, Ethics is a practical science. Different
schools of Indian Philosophy prescribe the supreme end of life
(mostly liberation) and prescribe the path to attain it. The ethics of
Bhagawad Gita prescribes the duties of individual.
• Ethics is not an Art :
– According to Mackenzie, the difference between ethics and art :– Art is connected to a particular field of skill such as painting,
dancing, etc. Ethics is connected with the whole life of an individual.
Use of Ethics: Area and Nature of Ethics
• There are four branches of Ethics - Descriptive Ethics, Normative
Ethics, Meta-Ethics and Applied Ethics.
• Descriptive Ethics
– Descriptive Ethics is the study of people’s beliefs about morality. It
involves empirical investigation. It gives us a general pattern or a
way of life of people in different types of communities. It studies the
history and evolution of Ethics.
• Normative Ethics
– Normative Ethics is also called as prescriptive ethics is the study of
ethical theories that prescribe how people ought to act. It examines
standards for the rightness and wrongness of actions. Normative
Ethics suggests punishment when a person deviates from the path of
ideals. It provides justification for punishing a person who disturbs
social and moral order.
Use of Ethics: Area and Nature of Ethics
• Four branches of Ethics:• Meta- Ethics
– Meta Ethics is the study of what ethical terms and theories actually refer to.
It determines the validity of theories advanced in Normative Ethics. We use
certain moral concepts such as right, wrong, good or bad to evaluate human
actions.
– Meta Ethics deals with the questions such as ‘What is the meaning o f moral
terms or judgments?’, ‘What is the nature of moral judgments?’, ‘How may
moral judgments be supported or defended?’
• Applied Ethics
– It deals with the problems confronted in our life. It attempts to apply ethical
theory to real life situations. It helps to use knowledge of moral principles to
present dilemmas.
– Applied Ethics guides the individuals facing conflicting situation. Some
critical moral issues arise due to the insensible and irresponsible attitude of
human beings without any concern to other children of Mother Nature.
3.
Characteristics of Ethical problem
Engineering Ethics
• The field of applied ethics which examines and
sets standards for engineers’ obligation to the
Public, their Clients, Employers and
Profession.
• Ethical Approaches mostly influenced by
whether the engineers are independently
providing professional service or government
service or production enterprises.
19
Ethical Dilemma for an Engineer
• A basic ethical dilemma is that an engineer has the duty to
report to the appropriate authority a possible risk to others
from a client or employer failing to follow the engineer's
directions.
• According to first principles, this duty overrides the duty to a
client and/or employer. An engineer may be disciplined, or
have their license revoked, even if the failure to report such a
danger does not result in the loss of life or health.
20
Ethical Dilemma for an Engineer
• In many cases, this duty can be discharged by advising the
client of the consequences in a forthright matter, and assuring
the client takes the engineer's advice. However, the engineer
must ensure that the remedial steps are taken and, if they are
not, the situation must be reported to the appropriate authority.
• In very rare cases, where even a governmental authority may
not take appropriate action, the engineer can only discharge the
duty by making the situation public.
• As a result, whistleblowing by professional engineers is not an
unusual event, and courts have often sided with engineers in
such cases, overruling duties to employers and confidentiality
considerations that otherwise would have prevented the
engineer from speaking out
21
Ethical Dilemma for an Engineer
• Most significant decisions in organizations are not only complex
but could be considered dilemmas, because they involve
fundamental conflicts between a set of economic and self-interest
considerations and a competing set of ethical, legal, and social
considerations.
• These competing considerations favour different alternatives.
• While developing creative alternatives can help reduce the
conflict, some tension almost always remains.
• Some individuals avoid the more difficult task of trying to
balance these conflicting factors by arguing that organizations and
managers should consider economic (organizational self-interest)
considerations exclusively.
• Others simplify by over-emphasizing the social responsibility of
organizations and their managers.
22
Ethical Dilemma for an Engineer:
Characteristics of Ethical problem
• Our ethical framework is founded on the values we hold and
believe to be important. Values are a set of moral principles we
embrace about what is "good," "desirable," "just, "and "of value" in
human actions and interactions.
• We use these principles (values) to evaluate choices and actions.
• Ethical decisions are almost always complex for several reasons
because they have:(a) multiple alternatives;
(b) consequences that extend beyond the immediate situation;
(c) uncertain consequences;
(d) mixed outcomes: economic, legal, and social benefits and costs;
and
(e) personal implications
23
Other Ethical Issues
• Relationships with clients, consultants, competitors, and
contractors
• Ensuring legal compliance by clients, client's contractors, and
others
• Conflict of interest
• Bribery and kickback, which also may include: Gifts, meals,
services, and entertainment
• Treatment of confidential or proprietary information
• Consideration of the employer’s assets
• Outside employment/activities (Moonlighting)
• Some engineering societies are addressing environmental protection as a standalone question of ethics.
• The field of business ethics often overlaps and informs ethical decision making
for engineers.
24
4.
Approaches to Ethical Decision Making:
Ethical Problems for Moral Reasoning
Approaches to Ethical Decision Making:
Ethical Problems for Moral Reasoning
•
•
•
•
•
•
•
•
Eternal Law
Ethical Egoism
Utilitarianism
Universalism
Enlightened Self interest
Ethics of Interdependence
Distributive Justice
Personal Liberty
26
Ethical Problems for Moral Reasoning
• Eternal Law: Moral standards are given in an Eternal Law, which
is revealed in scripture or apparent in nature, and then is
interpreted by religious leaders or philosophers. The belief is that
everyone should act in accordance with the interpretation
• Ethical Egoism: Centres around the standpoint of the individual.
The belief is that individuals should seek their own self-interests,
and act to promote the greatest balance of good over bad for
themselves. Ethical egoism might be seen as the usual standard
for businesses in a free market system.
27
Ethical Problems for Moral Reasoning
• Utilitarianism: Moral standards are applied to the outcome of an
action or decision (a teleological theory) for, not only oneself, but
for all those affected by the action. The principle is that everyone
should act to generate the greatest benefits for the largest number
of people (i.e, the highest net social benefit to society, the
"greatest good for the greatest number" ...or maximize the social
benefit function). An act is "right" if, and only if, it produces
greater net benefits for society than any other act possible under
the circumstances.
• In using this system one needs to consider both positive benefits
and negative costs/outcomes, also satisfactions such as health,
friendships in addition to material ones. Most advocates of this
system say we should consider utilities equally for everyone in
society, although some suggest weighting [Jeremy Bentham (17481832)]
28
Ethical Problems for Moral Reasoning
• Universalism: Moral standards are applied to the intent of an
action or decision, because the outcomes are so indefinite and
uncertain at the time the decision to act is made. The principle is
that everyone should act to ensure that similar decisions would be
reached by others, given similar circumstances. This is a
deontological (duties or obligations) approach,
• The first duty of Universalism is to treat others as ends and not
means. Kant (1724-1804) proposed a simple test for personal duty
and goodwill, to eliminate self-interest and self-deception, and to
ensure regard for the moral worth of others: ask whether you
would be willing to have everyone in the world, faced with similar
circumstances, be forced to act in exactly the same way (the
Categorical Imperative) ...i.e., to make a decision and act as if
your basis for action were to become a general law binding on
everyone)
29
Ethical Problems for Moral Reasoning
• Enlightened Self interest: This system is a hybrid of utilitarianism and
egoist theory. It may be thought of as "self-interest rightly understood
by a reasonable person.
• Spinoza maintained that all wrong decisions are due to intellectual error
and result from not understanding one's true or real self-interest.
• By this definition a truly ethical person will recognize that his/her own
long-term interests and those of society are much the same. Using this
framework, a person might ask: how am I likely to judge this action
from my deathbed?
• Ethics of Interdependence: Confucius taught that conflicts should be
resolved by amicable compromise, thereby allowing nature to follow its
harmonious course. In this system, reasonable people will always be
capable of compromise and each side is obligated to try to provide what
the other side needs to achieve its goals and fulfil itself. Any other kind
of behaviour is insincere, exploitive, contentious, and unethical.
30
Ethical Problems for Moral Reasoning
• Distributive Justice: Moral standards are based on the primacy of
a single value, justice. Everyone should act to ensure a more
equitable distribution of benefits, for this promotes individual
self-respect, which is essentially for social cooperation. [This and
Personal Liberty are two modem ethical systems developed by
two different professors at Harvard - this by John Rawls]
• Personal Liberty: Moral standards are based on the primacy of a
single value, liberty. Everyone should act to ensure greater
freedom of choice, for this promotes market exchange, which is
essential for social productivity. This system is espoused by
libertarians. [developed by Robert Nozick at Harvard]
31
Whistle-blowing
• If workers bring information about a wrongdoing to the
attention of their employers or a relevant organisation, they are
protected in certain circumstances under the Public Interest
Disclosure Act 1998 (USA).
• This is commonly referred to as 'blowing the whistle'. The law
that protects whistle-blowers is for the public interest – so
people are encouraged to speak out if they find malpractice in
an organisation. Blowing the whistle is more formally known
as 'making a disclosure in the public interest.
32
Whistle-blowing
• Qualifying disclosures are disclosures of information where
the worker reasonably believes one or more of the following
matters is either happening, has taken place, or is likely to
happen in the future:
– A criminal offence
– The breach of a legal obligation
– A miscarriage of justice
– A danger to the health and safety of any individual
– Damage to the environment
– Deliberate attempt to conceal any of the above.
33
Whistle-blowing
• A whistleblower (whistle-blower or whistle blower) is a
person who tells the public or someone in authority about
alleged dishonest or illegal activities (misconduct) occurring in a
government department or private company or organization.
• The alleged misconduct may be classified in many ways; for
example, a violation of a law, rule, regulation and/or a direct
threat to public interest, such as fraud, health/safety violations,
and corruption.
• Whistleblowers may make their allegations internally (for
example, to other people within the accused organization) or
externally (to regulators, law enforcement agencies, to the media
or to groups concerned with the issues).
34
Whistle-blowing
• One of the first laws that protected whistleblowers was the 1863
United States False Claims Act (revised in 1986), which tried to
combat fraud by suppliers of the United States government
during the Civil War. The act encourages whistleblowers by
promising them a percentage of the money recovered or damages
won by the government and protects them from wrongful
dismissal.
• Whistleblowers frequently face reprisal, sometimes at the hands
of the organization or group which they have accused, sometimes
from related organizations, and sometimes under law.
• Questions about the legitimacy of whistle blowing, the moral
responsibility of whistle blowing, and the appraisal of the
institutions of whistle blowing are part of the field of political
ethics.
35
36
10 Tips for Boosting Employee Morale
•
•
•
•
•
•
•
•
•
•
1. Recognize special events in the lives of your employees.
2. Keep the conversation going.
3. Recognize and reward your employees for doing good work.
4. Make the workplace comfortable.
5. Smile more.
6. Build a culture of trust.
7. Encourage work breaks.
8. Employee people "engines.“
9. Build a culture of employee appreciation.
10. Have fun.
Assignment -1
• What is Whistle Blowing?
• Suppose, you are an Quality Control Engineer of ABC construction
company having 50 permanent staff . Hundreds of workers are being
employed in this company. The company is paying substantial amount of
tax each year to the government. It has fame as a good builder and one
of the largest tax payers in the country. The company has lunching social
some development activities, carrier and skill development training as
well as bonus package for the staff in each project from its profit.
• The company won a road construction contract of NRs. 500 million. Now
it has produced slightly substandard base course material saying that
there is no standard material in the vicinity as Use of this material will
result in shorter life (reduction of designed life by 10%) than design life
of the road pavement.
• Only your self and the Director of the company know this. The Director
forced you to approve the standard because the contract was won in
competition, and if the standard base material is used then the company
will be in huge loss and can not provides the benevolent packages and
can not sustain in the market.
• What will be your next step in this situation?
THANK YOU
39