PRELIMS - ENGINEERING LAWS, ETHICS, & STANDARDS Flashcards
Ethics comes from the Greek word Ethos which means?
Character
this describe the guiding beliefs or ideals that characterize a community, nation, or ideology
Ethics
“mos” or “moris” is the Latin equivalent which means
custom or traditional life of conduct;
Where is morality derived?
Custom
- Defined as the “practical and philosophical science of the morality
of human acts or human conduct”
Ethics
refers to moral values that are sound or reasonable, actions or
policies that are morally required (right), morally permissible (all
right), or otherwise morally desirable (good)
Ethics
Three major areas of study within ethics recognized today are:
Meta-ethics
Normative ethics
Applied ethics
concerning the theoretical meaning and reference of moral propositions, and how their truth values (if any)
can be determined
Meta-ethics
concerning the practical means of determining a moral course of action
- Normative ethics
concerning what a person is obligated (or permitted) to do in a specific situation or a particular domain of action
- Applied ethics
Importance of the study of
ethics
- To sharpen the moral nature of the learners
- To make them aware of the moral principles and laws governing
man’s actions - To help the learners become aware of the intimate relation between their moral nature and laws
- To show the learners that acting in accordance with his rational and moral nature could lead them to their supernatural destiny- God
- To develop in the learners a morally upright living
- To let the learners realize that people cannot live together harmoniously in society without the ethical norms and laws applied or followed.
the set of moral beliefs
shared by almost
everyone
common morality/social ethics
set of moral beliefs
that a person holds
personal ethics
the set of standards adopted
by professionals insofar as
they view themselves acting
as professionals
professional ethics
the morality of an action is determined by the right, or permission to act, of a rights holder and the imposed duty of a
rights observer when this holder and observer interact.”
Rights Ethics
If a duty is negative, the observer __________________
refrains from interfering
with the rights holder’s exercise of the right.
If the duty is positive, the observer _________________
takes positive steps to
ensure the right is respected.
- rights that belong to people simply by virtue of their nature
natural rights
Natural rights are established by the appeal to: (SDNH)
- self-evidence
- divine sanction or guarantee
- natural law
- human nature
Limitations of natural rights:
- Atheists will not be convinced to take human rights more seriously
because these rights are alleged to be founded in God’s will. - Many philosophers maintain that rights are secondary to, and
derivative of, other moral considerations. - To see the world exclusively in terms of rights stresses
individualism at the expense of community.
Produce the most good for the most people, giving equal consideration to everyone affected.
Utiltarianism
What is Utility?
actions that maximize happiness and minimize suffering
a particular action is right if it is likely to produce the most good for the most people in a given situation
Act-utilitarianism
right actions are those required by rules that produce the most good for the most people
Rule-utilitarianism
the set of rules which maximize the public good more than alternative codes would
Optimal moral code
Limitations of utilitarianism”
- It is difficult to weigh matters of life and death by weighing happiness against suffering.
- Utilitarianism is unable to distinguish between morally justified and morally unjustified emotions.
- Utilitarians may not give special weight to the fact that certain
consequences may affect them personally.
By acting out of duty, a person acts out of a concern for what is
morally right, not out of some self-serving motive.
Duty Ethics
What is Maxim?
subjective rule a person has in mind while performing an
action
are those required by duties to respect the liberty or autonomy of individuals.
Right actions
Important duties according to one duty ethicist:
(K,C,D,D,D,D,K,C,O,D)
- Do not kill.
- Do not cause pain.
- Do not disable.
- Do not deprive of freedom.
- Do not deprive of pleasure.
- Do not deceive.
- Keep your promises.
- Do not cheat.
- Obey the law.
- Do your duty.
desirable habits or tendencies in action, commitment, motive, attitude, emotion, ways of reasoning, and ways of relating to others
Virtue
A person’s fundamental character
soul
middle ground between two extremes of excess and deficiency
mean
focused on the good of clients and the
wider public
Public-spirited virtues:
virtues of mastery of one’s profession
Proficiency virtues
especially important in enabling
professionals to work successfully with other people
Teamwork virtues:
are necessary in exercising moral
responsibility
Self-governance virtues:
the pattern of virtues and vices
character
morally undesirable habits or tendencies
vices
Examples of public spirited virtues (NBSGJ)
Nonmaleficence
Beneficence
Sense of community
Generosity
Justice
Examples of proficiency virtues (CDC)
Competence
Diligence
Creativity
Examples of teamwork virtues (CCLRRA)
Collegiality
Cooperativeness
Loyalty
Respect
Responsible authority
Ability to motivate others
Examples of self-governance virtues
(SGFCSPCSIH)
Self-understanding
Good moral judgement
Fidelity
Courage
Self-discipline
Perseverance
Conscientiousness
Self-respect
Integrity
Honesty
tendency not to harm others intentionally
Nonmaleficence
preventing harm to others and promoting public safety, health, and welfare
Beneficence
going beyond the minimum requirements in helping
others
generosity
being well prepared for the jobs one undertakes
Competence
alertness to dangers and careful attention to detail in performing tasks
Diligence
any work for hire regardless of the skill level involved and the
responsibility granted
Job
employment through which someone makes a living
Occupation
an occupation requiring special education such as law, medicine,
teaching, or the ministry by which a person habitually earns his
living
Profession
Attributes of a profession
- Work that requires sophisticated skills, the use of judgment, and the exercise of discretion.
- Membership in the profession requires extensive formal education
- The public allows special societies or organizations that are controlled by members of the profession to set
standards for admission to the profession - Significant public good results from the practice of the
profession
Practice is done on a fee-
for-service basis with a
personal individual
relationship between the
client and the professional
Consulting Professions
The professional has, more
or less, a fixed task at a
definite time designated
by an individual proprietor
or an institution or
corporation
Scholarly Professions
Views professional societies as being set up primarily to further
the public good, as described in the definition of a profession
- Social-contract model
Professions function as a means for furthering the economic
advantage of the members
- Business model
with duty to formulate an idea and from it to create a reality; he develops ideas and elaborate plans and designs
Designer
he considers and prescribes the methods and manner of construction
- Contractor/Operator
he supervises and superintends the execution of the work
and sees to it that it is properly constructed according to
plan and specifications
- Supervisor
– he investigates the conditions and determines means by
which those conditions can be utilized and modified to meet
certain ends; and after completion, he must see and
investigate the works whether it has been conducted in
accordance with his created plans
- Investigator
– he advises the employer as to the feasibility of the project
proposed, the cost which will be entailed, and the results
which will be accomplished
adviser
- consists of the responsibilities and rights that ought to be
endorsed by those engaged in engineering, and also of
desirable ideals and personal commitments in engineering
Engineering Ethics
is the study of the decisions, policies, and values that are
morally desirable in engineering practice and research
Engineering Ethics
Why study Engineering Ethics?
. the ability to think critically and independently about moral issues and to apply this moral thinking to situations that arise in the course of professional
engineering practice
Practical skills to increase moral autonomy
(MCCMMMRTMI)
Moral Awareness
Cogent Moral Reasoning
Cognitive Coherence
Moral Imagination
Moral Communication
Moral Reasonableness
Respect for Persons
Tolerance and Diversity
Moral Hope
Integrity
proficiency in recognizing moral problems and issues in
engineering
Moral awareness
comprehending, clarifying, and assessing arguments on
opposing sides of moral issues
Cogent moral reasoning
- forming consistent and comprehensive viewpoints based on
consideration of relevant facts
- Moral coherence
- discerning alternative responses to moral issues and finding
creative solutions for practical difficulties
Moral imagination
- precision in the use of a common ethical language, a skill
needed to express and support one’s moral views adequately to
others
- Moral communication
- the willingness and ability to be morally reasonable
- Moral reasonableness
- genuine concern for the well-being of others as well as oneself
- Respect for persons
- respect for ethnic and religious differences and acceptance of
reasonable differences in moral perspectives
Tolerance and diversity
- enriched appreciation of the possibilities of using rational
dialogue in resolving moral conflicts
Moral hope
- maintaining moral integrity and integrating one’s professional
life and personal convictions
Integrity
are codes in which organizations lay down guidelines for responsible behavior of their members.
Codes of Conduct
Codes of Conduct is a.k.a.?
Codes of Ethics
It is a code by a professional association
Professional code
A code by a company
Corporate code
Define the nature, scope, government, length, disclosure, and focus of Code of Ethics
General; Wide; Decision-making; Short; Publicly-disclosed; Values or principles
Define the nature, scope, government, length, disclosure, and focus of Code of Conduct
Specific; Narrow; Actions; Comparatively longer; Employees only; Compliance and rules
What is the importance of codes? (SGISSEDC)
- Serving and protecting the public
- Guidance
- Inspiration
- Shared standards
- Support for responsible professionals
- Education and mutual understanding
- Deterrence and discipline
- Contributing to the profession’s image
Expresses the moral values of a
profession or company.
Aspirational code
Three types of codes (AAD)
Aspirational code
Advisory code
Disciplinary code
has the objective to help individual
professionals or employees to exercise moral judgments in
concrete situations on the basis of the more general values
and norms of the profession or company.
Advisory code
has the objective that the behavior of all
professionals or employees meets certain values and norms.
Disciplinary code
A sound professional code will stand up to three tests:
- It will be clear and coherent.
- It will organize basic moral values applicable to the profession
- It will provide helpful and reasonable guidance that is compatible with moral convictions (judgment, intuitions) about concrete situations.
Most modern professional codes relate to three domains:
1) conducting a profession with integrity and honesty, and in a competent way;
2) obligations towards employers and clients; and
3) responsibility towards the public and society
Elements of Corporate Codes (MCRR)
- Mission
- Core Values
- Responsibilities towards stakeholders (CSR)
- Rules and Norms
Possibilities and Limitations of Codes of Conduct
- Codes of conduct and self-interest
- Vagueness and potential contradictions
The Values Theory of Shalom Schwartz define values as _____________________
Desirable, trans-situational goals, varying in importance that serves as guiding principles in people’s lives
Features of values: Values are _____ (BMGO)
- Beliefs
- Motivational Construct
- Guide the selection or evaluation of actions, policies, people, and events
- Ordered by importance relative to one another
The ten basic values (SSHAPSCTBU)
Self-direction
Simulation
Hedonism
Achievement
Power
Security
Conformity
Tradition
Benevolence
Universalism
Independent thought and action; choosing, creating, exploring.
Self-direction
Excitement, novelty, and challenge in life.
Stimulation
Pleasure and sensuous gratification for oneself.
- Hedonism.
Personal success through demonstrating
competence according to social standards.
Achievement
Social status and prestige, control or dominance over people and resources.
Power
Safety, harmony, and stability of society, of relationships, and of self.
Security
Restraint of actions, inclinations, and impulses likely to upset or harm others and violate social expectations or norms.
Conformity
Respect, commitment, and acceptance of the customs and ideas that traditional culture or religion provide the self.
Tradition
Preserving and enhancing the welfare of those with whom one is in frequent personal contact
Benevolence
Understanding, appreciation, tolerance,
and protection for the welfare of all people and for nature.
Universalism
The values under Openness to Change
Stimulation and Self-Direction
The values under Self-transcendence
Universalism and Benevolence
The values under Conservation
Conformity, Tradition, and Security
The values under Self-Enhancement
Achievement and Power
The different kinds of values (MAPII)
Moral values
Aesthetic Values
Performance Values
Intrinsic Values
Instrumental Values
How are values formed?
Values are molded through
- the attitudes and behavior of the people who raised us and who we relate to such as our family, friends, and economic/political systems
- Influence of gender and education
- the sources of value change in adulthood
Sources of value change in adulthood include _________
- Historical events that impact on specific age cohorts (e.g., war,
depression) - physical ageing (e.g., loss of strength or memory)
- life stage (e.g., child rearing, widowhood)
Why are values weakened?
Needs can be more pressing than values
It is much easier to convey other values
There is great social pressure in favor of anti-values
Values in Engineering Profession entail what aspects?
Partnership with nature
Human progress
Safety, risk, and accidents
Clean, clear decision-making
Community
What are the ten organizational values? (HRCSRCSTLS)
Honesty
Responsibility
Communication
Sincerity
Respect
Comradeship
Solidarity
Tolerance
Learning
Self-Improvement
Offering what can be delivered; act accurately and timely; honor what belongs to others; genuineness; justice in mind; no taking advantage
Honesty
accepting responsibility; making decision with attention; honoring our debts;
Responsibility
effort to listen; explain things correctly; not making assumption; avoid labeling interlocutors; avoid prejudice; no gossiping; not being quiet when we have something to say; not missing opportunities for self-improvement
Communication
Express freely; believe in truthfulness; say what we think; act consistently; treat others with openness; loyalty and transparency; sincerity reflects appreciation
Sincerity
not looking down on others; act with respect; appreciate everyone; understand with empathy; no insulting and assaulting; treat people with dignity
Respect
Create success together; individual courage in teamwork; best result achieved when all do the best they can; appreciating all team members
Comradeship
Commit and share the situations of others; support others; helping with nothing in exchange; sharing benefits and risks
Solidarity
Accept opinions; don’t discredit people with different POVs; know and accept the other person; willpower and maturity
Tolerance
Constant improvement; look for opportunities that update knowledge permanently
Learning
Committed to improving every day; challenges inspire; not doing things half-way; feeling fulfilled when we make a conscious effort; discipline and perseverance
Self improvement
Two types of Engineers’ Rights
Professional and Employee Rights
Rights under Professional Rights
Professional Conscience
Conscientious Refusal
Recognition
Rights under Employee Rights
Privacy
Equal Opportunity
Intellectual Property
-the rights that engineers have as professionals
Professional Rights
- Is the moral right to exercise professional judgement in
pursuing professional responsibilities
Right of Professional Conscience
requires autonomous moral judgement in trying to uncover the most morally reasonable courses of action, and the
correct courses of action are not always obvious
Right of Professional Conscience
There are two general ways to justify the basic right of professional conscience:
- The exercise of moral reflection and conscience that justifies professional duties is necessary, with respect to that duty.
- The general duties to respect persons and rule-utilitarianism would accent the public good of allowing engineers to pursue their professional duties.
- is the right to refuse to engage in unethical behavior.
- can be done solely because it feels unethical to the doer. This action might bring conflicts within the authority-based
relationships.
Right of Conscientious Refusal
The two main situations to be considered in Conscientious Refusal are −
- When it is already stated that certain act is unethical in a widely shared agreement among all the employees.
- When there occurs disagreement among considerable number of people whether the act is unethical.
- the recognition of one’s work and accomplishments
Right to Recognition
- the right to speak about the work one does by maintaining confidentiality and can receive external recognition
- The right for internal recognition which includes patents, promotions, raises etc. along with a fair remuneration, are
also a part of it.
Right to Recognition
- The right for internal recognition which includes patents, promotions, raises etc. along with a fair remuneration, are
also a part of it.
Right to Recognition
- can be any right, moral or legal, that involves the status of
being an employee
Employee Rights
- refers to the right of having a private life, off the job. It is the right to control the access to and the use of information
about oneself
Privacy
What does Equal Opportunity entail?
Non-Discrimination
Anti-Sexual Harassment
Affirmative Action
the demeaning of a person based on trivial factors such as one’s sex, race, skin color, age or political or religious outlook can be understood
Discrimination
The unwanted imposition of sexual
requirements in the context of a relationship of unequal power
sexual harassment
refers to the preference given to a person or a group who was denied equal importance in the past
Affirmative Action
a type of property right which allows the creators or owners of patents,
trademarks, or copyrighted works to benefit from their own work or
investment.
Intellectual Property Right
The IPR (Intellectual property Rights) need to be protected in order to
serve the following reasons:
- The creations and inventions are the paths which lead to the progress of
human development. - To develop the commitment and interest for more creations.
- Indirectly promotes the economic growth that creates new jobs and industries, and enhances the quality and enjoyment of life.
responsibilities of an engineer towards the organization he
belongs to
Internal Responsibilities
Internal responsibilities include: (LCRC)
- Loyalty
- Collegiality
- Respect for Authority
- Collective Bargaining
- Is the faithful adherence to an organization and the
employer
Loyalty
Two types of loyalty
Agency-loyalty
Attitude-loyalty (or Identification Loyalty)
the term that describes a work environment where responsibility and authority are shared among the
colleagues
Collegiality
Elements of collegiality
- Respect to the ideas and work of others
- Commitment to moral principles
- Connectedness
can be defined as the legal right to command action by others and to enforce compliance
Authority
Major types of authority
Executive Authority
Expert Authority
is the negotiation about working
conditions and terms of employment between an employer
and one or more representative employees with a view to
reaching agreement
Collective Bargaining
Types of Collective Bargaining (DIAI)
- Distributive Bargaining
- Integrative bargaining
- Attitudinal Structuring
- Intra-organizational Bargaining
responsibilities of an engineer outside the organization
External Responsibilities
External responsibilities include
Confidentiality
Conflict of Interest
Occupational crimes
- that practice which helps to keep secret all information deemed
desirable to keep secret.
Confidentiality
Types of confidential information
Privileged Information
Proprietary Information
The two conditions where conflict of interest typically arise
- The professional is in a relationship or role that requires exercising good judgment on behalf of the interests of an
employer or client. - The professional has some additional or side interest that could threaten good judgement in serving the interests of the
employer or client.
Types of conflict of interest (APA)
- Actual conflicts of interest
- Potential conflicts of interest
- Apparent conflicts of interest
- Illegal acts made possible through one’s lawful employment
- Secretive violation of laws regulating work activities
Occupational Crimes
Examples of occupational crimes
- Price fixing
- Endangering lives
- Industrial espionage (spying)
- When an employee or former employee conveys information
about a significant moral problem to someone in position to take
action on disputes or grievances
Whistleblowing
Act by an employee of informing the public or higher
management of unethical or illegal behavior by an employer or
supervisor
Whistleblowing
Types of whistleblowing
- Internal & External
- Acknowledged and Anonymous
Conditions for Whistleblowing (NPCL)
- Need
- Proximity
- Capability
- Last resort
How to prevent whistleblowing
- There must be a strong corporate ethics culture.
- There should be clear lines of communication within the
corporation. - All employees must have meaningful access to high-level
managers in order to bring their concerns forward. - There should be willingness on the part of management to
admit mistakes, publicly if necessary.
Guidelines for whistleblowing
- Whistleblowing should only be performed if all normal channels
have already been exhausted. - During the time the normal channels are being pursued and during
subsequent action, detailed records, including copies of supporting
documents, should be kept of all relevant data, formal meetings,
and applicable interactions. - The records should stick to facts and exclude emotional observations.
- If possible, these should be conducted with other employees as there is strength in numbers.
- Even if others are unwilling to join the employee, they should at least be consulted for advice so that the employee does not work in isolation.
- For an external case, a lawyer should be consulted about potential
legal liabilities.