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Temel kavramlar Many ethical problems are encountered by engineers in the course of their professional life. Ethical cases may involve • • • • • • • Public safety (kamu güvenliği): prevention of and protection from events that could jeopardize the safety of the general public from significant danger, injury, harm, or damage, such as crimes or disasters (natural or man-made). Bribery (rüşvet): Act of implying money or gift given that alters the behaviour of the recepient. Fraud (dolandırıcılık): Intentional deception made for personal gain or to damage another person. Environmental protection (çevre koruma): Practice of protecting the environment Fairness (tarafsızlık): Being free from bias or injustice Honesty in research and testing (dürüstlük): Avoiding falsification of data, adoption and reproduction of another author without due acknowledgment, etc. Conflicts of interest (çıkar çelişmesi): Occurs when an individual or an organization involves in multiple interests During their undergraduate training engineering students learn basic and engineering sciences and problem solving methodologies. However they receive very little information on ethics and safety. ABET (Accreditation Board for Undergraduate Engineering Programs) has mandated that ethics topic be incorporated into undergraduate engineering curricula. A good place to start the topic of engineering ethics is with definitions of ethics and engineering ethics. Ethics is the study of the characteristics of morals. Ethics deals with the moral choices that are made by each person in his or her relationship with other persons. Since engineering activities produce and propose goods that are used by other people, engineers are concerned with professional ethics. Engineering ethics is the rules and standards governing the conduct of engineers in their role as professionals. Engineering ethics is a body of philosophy indicating the ways that engineers should conduct themselves in their professional capacity. MÜHENDİSLİK ETİĞİ NEDEN ÖNEMLİDİR? Several notorious cases that have received a great deal of media attention in the past few years have led engineers to gain an increased sense of their professional responsibilities. Engineers realize how their technical work has impacts on the society. Increase in awareness caused every major corporation to open an “ethics office” that has the responsibility to ensure that employees have the ability to express their concerns about safety and corporate business practices. These offices also try to foster an ethical culture within the corporate. Students should study ethics because they need to get sensitized to ethical issues before they are confronted with professional problems. Past experiences may help us to increase our sensitivity to ethical problems and show us ways to find sound solutions. ETİK DÜŞÜNCENİN TEMELLERİ The origins of ethical thought may be linked to Judeo-Christian tradition. On the other hand, non-western socities as well have developed their own ethical principals on a similar basis. For some people ethical principals are rooted in religious beliefs. But this is not true for others. A very ethical person may be non-religious. Or viceversa: a religious person may not always behave ethical. ETİK VE HUKUK The practice of engineering and business is governed by many laws on the international, state and local level. There is also a distinction between what is ethical and what is legal. Many things that are legal may not be considered ethical. For many years many toxic gases were considered legal and were utilized without any regulation whatsoever. As an engineer you are minimally safe when you follow the rquirements of applicable laws. But in engineering ethics, we seek to go beyond the dictates of the law. Our interest is in areas where ethical principals conflict and there is no legal guidance for how to resolve the conflict. ETİK PROBLEMLERİ TASARIM PROBLEMLERİNE BENZER Ethics problems may not look very concrete to engineering students. The ethics problems are more open ended and have rarely a “correct” answer that will bearrived by everyone in the classroom. However in terms of problem solving techniques, design problems are very similar to ethics problems. Both type of problems require a large body of knowledge and analytical skills. PROFESYONELLİK ve ETİK KURALLARI (CODES of ETHICS) When confronted by an ethical problem what sources are available to an engineer? Modern professions use COE prepared by various professional societies. These codes help and guide practitioners in making sound decisions when they confront professional problems. 1) How can we define “profession”? 2) Does engineering fit into this definition? MÜHENDİSLİK BİR MESLEK MİDİR? Profession (Meslek) Job (İş): Any work for hire regarless of the skill level involved. Occupation (Meşguliyet): Employment through which someone makes a living Engineering is definitely a “job” and an “occupation”. However it is more than a job and also more than an occupation regarding the skills and responsibilities it inherits MESLEK TANIMI Attributes of a profession include: 1) The work requires sophisticated skills, the use of judgment and the exercise of discretion. Also, the work is not routine and may not be mechanized. Yapılan iş sofistike yetenek, otonom karar verme ve ayırdetme kabiliyeti gerektirir. 2) Membership in the profession requires extensive formal education, not simply practical training and apprenticeship. Mesleğe üyelik çıraklıktan ziyade yoğun bir formel eğitim gerektirir. 3) The public allows special societes or organizations that are controlled by members of the profession to set standards for admission to the profession, to set standards of conduct for members, and to enforce these standards. Kamuoyu bazı örgüt ve organizasyonların üyelerine meslekleriyle ilgili konularda standartlar belirleme serbestisi tanır 4) Significant public good results from the practice of the profession. Mesleğin icrası sonucunda kamu yararı ortaya çıkar. TIP It requires sophisticated skill that cannot be mechanized. It also requires judgment (treatment plans for individual patients) It requires discretion , the duty not to divulge information given in confidence by the patient to the physician. Medicin has special societies, the American Medicin Association (AMA) or Türk Tabipleri Birliği (TMA) to which a large fraction of practising physicians belong. They set standards for practising the profession and enforces codes of ethical behaviour for its members. Healing the sick and helping to prevent diseases clearly involve the public good. HUKUK Law involves sophisticated skills required through extensive formal training It requires discretion. It has special societies: ABA, TBB And it works for public good (!?) ENGINEERING AS A PROFESSION Certainly requires extensive formal training and sophisticated skills. It requires judgment: how to use available materials, components, devices, etc. To reach a specified objective. Discretion is required in engineering. Engineers are required to keep their employers’ and clients’ intellectual property and business confidential. Also a primary concern of engineers is the safety of the public that will use the products he/she designs. Engineering fields have special professional societies: IEEE, ASME, NSPE, etc… However they are weak with respect to ABA or AMA CODES OF ETHICS Professional societies have their own «codes of ethics» Ethical codes may also be created by non-professional organizations such as universities. These codes express the rights, duties and obligations of its members. A code of ethics provides a framework for ethical judgment for a professional. It does not cover all possible ethical situations that can be encountered. It only serves as a starting point. On the other hand an ethical code is not a recipe for ethical behaviour. Moreover it is not a legal code. It only deals with choices. One may not be arrested if he/she disobeys codes of ethics. Expulsion from the society may be the case but even so the engineer (in this case) does not lose his/her ability to practise the profession. The code provides a little space for an employee where he/she could fight against the employer’s request to behave unethically. Codes of Ethics for mechanical enginners in Turkey: TMMOB (Türk Mimar ve Mühendis Odaları Birliği) Mesleki Davranış İlkeleri: http://www.maden.org.tr/resimler/ekler/3a7769efbcc8310_ek.pdf A BRIEF HISTORY of ETHICAL THOUGHT The origins of western moral thought are based on ancient Greek philosophers as well as on ancient religious thinking and writing. The written sources of Judaistic moral tradition are based on Torah and Old Testament. Greek ethical thought originated with the famous philosophers; Socrates and Aristotle (Nichomachean Ethics). Aristotelian Ethics consists of ten books (scrolls) which were taught by him at the Lykeion and were dedicated to his son Nichomacus. The Nicomachean Ethics is widely considered one of the most important historical philosophical works, and had an important impact upon the European Middle Ages, becoming one of the core works of medieval philosophy. It therefore indirectly became critical in the development of all modern philosophy as well as European law and theology. Socratic question: How men should best live? Pre-socratic philosophy was purely theoretical! Socrates (through Platon) and later on Aristotle turned philosophy into a tool in the quest for good-man. Many philosophers (Locke, Kant, Mill) have turned their attention to ethics and morals and have tried to provide insight into these concepts. These philosophers acknowledged that moral principals are universal and claimed that they could be applicable to secular settings (French Revolution). ETİK ÜZERİNE TEORİLER Ethical problem solving is not as cut and dried as problem solving in most engineering classes. In engineering classes usually there are only one theory that can be utilized in the process of problem solving. On the other hand ethical problem solving is based upon several theories. This fact does not reflect the fuzziness of the situation but rather the complexity and diversity of ethics. Having multiple theories does enrich the process allowing problems to be looked at from different angles. Basic ethical problem solving technique utilizes different theories and approaches to analyze the problem and then try to determine the best solution. What is a moral theory? Moral theory defines terms in uniform ways and links ideas and problems in consistent ways. There four moral theories that will be considered here: 1) Utilitarianism (Faydacılık) 2) Duty ethics (Görev etiği) 3) Rights ethics (Hak etiği) 4) Virtue ethics (Erdem etiği) Utilitarianism (Faydacılık): It seeks to produce the most utility, defined as a balance between good and bad consequences of an action. , taking into account the consequences for everyone affected. Duty Ethics (…..): Duty ethics contends that there are duties that should be performed (ex: the duty of treating others fairly or the duty of not to injure others) regardless of whether these acts lead to the most good. Rights Ethics (…..): Rights etics emphasizes that we all have moral rights, and any action that violates these rights is ethically unacceptable. Virtue Ethics (…..): This ethical theory focuses on the person that we should strive to be. For this ethics theory the only actions that manifest good character traits (virtues) are the right actions. Utilitarianism (Faydacılık): Actions are good only if they maximize human well-being. The emphasis in utilitarianism is not to maximize the well-being of the individual but the well-being of the society as a whole. In this respect it is a collectivist approach. Example: Hydroelectric dams often lead to great benefit to society by providing stable supplies of drinking water, flood control and recreational oppurtunities. However this is done at the expense of people leaving their homeland. Utilitarianism tries to balance the needs of society with the needs of the individual, with an emphasis on what will provide the most benefit to the most people. Utilitarianism is analogue to many engineering analysis methods; including risk-benefit analysis or cost-benefit analysis. However as good as the utilitarianism sounds, there are some inherent problems with it. Sometimes what is good for the society may be bad for a particular individual or a group of individuals. Example: WIPP (Waste Isolation Pilot Plant) near Carlsbad, New Mexico. WIPP was designed to be a repository for nuclear waste generated in the USA.It consisted of a system of tunnels bored into underground salt formations which are considered to be extremely stable against water incursion and eventual leakage of nuclear waste into underground water sources. But then what about the risks of transportation of nuclear waste products to the site at New Mexico? Utilitarian approach: Solution of this waste disposal problem will benefit society by providing improved health care and plentiful electricity. The slight potential ofor adverse health effects for individuals living near the transportation routes is far outweighed by the overall benefits to society. So WIPP should be allowed to open. As this example demonstrates, the utilitarian approach seem to ignore the needs of individuals, especially if these needs seem relatively insignificant. Another objection to utilitarianism is that its implementation depends greatly on knowing what will lead to the most good. Frequently, it is impossible to know a priori exactly what the consequences of an action are. So maximizing the benefit to society involves guesswork. Cost - Benefit Analysis (Fayda-Zarar Analizi): One tool used in engineering analysis, especially when trying to determine whether a project is worthwhile doing is cost-benefit analysis. In cost-benefit analysis, the costs of project are assessed, as are the benefits. Only those projects with the highest ratio of benefits to costs are implemented. This principle is similar to the utilitarian goal of maximizing the overall good. Duty and Rights Ethics: These theories hold that those actions that respect the rights of individuals are good. Here, good consequences for society as a whole are not the only moral consideration. The major proponent of duty ethics is Immanual Kant (1724-1804). He held that moral duties are fundamental. Duties like: be honest, do not cause suffering to people, be fair to others, etc. When one’s duties are recognized, the ethically correct moral actions are obvious. Immanuel Kant (1724-1804) Rights ethics was largely formulated by John Locke (1632-1704). He manifested that humans have the right to life, liberty and property (connection to Declaration of Independence, 1776) Rights ethics holds that people have the fundamental rights that other people have the duty to respect. In duty ethics people have duties, an important one of which is to protect the rights of others John Locke (1632-1704) Virtue Ethics : Virtue ethics focuses on the person that we would like to become. In virtue ethics, actions are considered right if they support good character traits. The words responsibility, honesty, competence, loyalty are of paramouth importance for virtue ethics. The opposite of virtue is vice (irresponsibility, dishonesty, disloyalty..) In many ways this theory is a reminder of personal ethics rather than professional ethics. However personal morality should not be separated from business morality. If a behavior is virtuous in a person’s personal life it is also virtuous in his/her business life. Which theory to use? The good news is that we do not have to choose from among these different theories to analyze a moral problem. Rather we use each theory to see the matter from different point of views. When each visited theory gives the same answer there is no problem: Case: A chemical plant discharges hazardous material into the groundwater. The city takes its water from wells. This leads to significant health problems. * The pollution is harmful to human beings living in that city. They have the right to drink potable water (Rights ethics). * Economic benefits of the discharge plant is outweighed by the health insurance + safe water supply system (Utilitarian approach) * Discharging wastes into underground is irresponsible and harmful (Virtue ethics) When each visited theory gives different answers: Case:WIPP (Waste Isolation Pilot Plant) * Transporting nuclear waste products is not a good idea for people living along the road (Rights ethics). * WIPP is economically beneficial (Utilitarian approach) * Governments have the duty of protecting the health of their citizens (Duty ethics) Rights and duty ethics > Utilitarianism For example the death of even one person has significant and negative consequences even though the outcome of that action is very beneficial to the society. A thorough analysis is necessary to reach a sound conclusion (Further analysis techniques will be given in Chapter 4) THE DISASTER AT BHOPAL On the night of December 2, 1984, a leak developed in a storage tank at a Union Carbide chemical plant in Bhopal, India. The tank contained 40 tons of methyl isocyanate (MIC), a highly toxic chemical used in the manufacture of pesticides. The toxic gas cloud covered the surrounding slums of Bhopal killing 2.000 people immediately and injuring 200.000 or more. The leak is attributed to the accidental pouring of water (~1 ton) into the tank. Water mixed with MIC gave rise to an exothermic reaction thus increasing the tempereture of the liquid in the tank to ~190˚C. The mixture evaporated and caused high pressure within the tank. When the pressure became high enough, a pressure relief valve popped open and the gas leaked into the atmosphere. Factors that led to the accident: 1) Curtailment of plant maintenance as part of a cost-cutting effort. Refrigeration unit had not been working for the last 5 months before the accident. 2) The temperature alarm was improperly set. 3) The flare tower designed to burn MIC vapor before it reaches atmosphere was not functioning properly. Whose fault? Plant designers have foreseen possible problems and have taken precautions by adding safety systems such as flare tower, temperature alarm and refrigeration unit. These systems if functioned properly might have mitigated the problem. The management seems negligent. It is sometimes necessary that some safety systems are taken off for a certain time for maintenance reasons. However it is acceptable to take them off altogether at the same time. Union Carbide did not prepare a plan for notifying and evacuating the surrounding population in the event of an accident. Such plans are standard in the USA and required by the local ordinance. Union Carbide had a sister plant in Institute, West Virginia where similar problems occured with no fatality. Union Carbide issued emergency plans for its West Virginia plant 3 months before the accident in Bhopal. These warnings and plans were not transmitted to India. Finally the government of India had its share of the blame. Third world countries have a tendency to view safety measures and environmental regulations as too expensive. Western countries’ enforcings upon this issue are seen “imposing” and rejected by local administrations. The bulk of the blame goes to Union Carbide (U.C.) for not adequately training and supervising its Indian employees . The law suits totaling over 250 billion USD were filed on behalf of the victims of the accident. U.C. compensated the families in a timely fashion. U. C. Also helped set up job training and relocation programs for the victims. Over 10.000 people suffered permenant damage after the accident.