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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 isThe 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