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Lecture 3—Law and Ethicsand IEEE Code of Ethics

Before NEXT LECTURE, read the article on our course web site, www.egr.msu.edu/classes/ece390/goodman

on a journalist in El Salvador, 1984

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How Do Laws and Ethical Principles Relate

• Laws originated in order to preserve the welfare of the STATE (e.g., king)– Legal to lie to your friends, your mother; just

NOT to the King/his representatives (i.e., government)

• Are there apparent contradictions between ethics and the law?– Sanctity of body, abortion rights?– Drinking at age 19?

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Utilitarianism vs. Rule-Based Ethics

• We talked about Jeremy Bentham and John Stuart Mill’s utilitarianism – in short, goodness is doing what brings about the most good or least harm (“integrated” across all living things).

• Now let’s contrast that with deontological ethics, or ethics based on RULES

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“Universal Law”and Immanuel Kant

• Kant was an 18th century German philosopher, from Königsberg, Prussia (now Kaliningrad, Russia) (shore of Baltic Sea)

• He is the father of modern “deontological ethics” – ethics based on rules

• He formulated them as DUTIES

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Immanuel Kant’sCATEGORICAL IMPERATIVE

• The first formulation (Formula of Universal Law) of the moral imperative "requires that the maxims be chosen as though they should hold as universal laws of nature". This formulation in principle has as its supreme law

"Always act according to that maxim whose universality as a law you can at the same time will“

-- Kant, Foundations, p. 437and is the "only condition under which a will can never come into conflict with itself…“

• OR, in other words,

"Act only according to that maxim whereby you can at the same time will that it should become a universal law."

-- Kant, Immanuel, translated by James W. Ellington [1785] (1993). Grounding for the Metaphysics of Morals

3rd ed.. Hackett, p. 30.

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Testing Using the Categorical Imperative

One interpretation of the first formulation is called the "universalizability test." An agent's maxim, according to Kant, is his "subjective principle of human actions" — that is, what the agent believes is his reason to act. The universalizability test has five steps:

• Find the agent's maxim. The maxim is an action paired with its motivation. Example: "I will lie for personal benefit." Lying is the action, the motivation is to get what you desire. Paired together they form the maxim.

• Imagine a possible world in which everyone in a similar position to the real-world agent followed that maxim.

• Decide whether any contradictions or irrationalities arise in the possible world as a result of following the maxim.

• If a contradiction or irrationality arises, acting on that maxim is not allowed in the real world.

• If there is no contradiction, then acting on that maxim is permissible, and in some instances required.

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Example

• Let’s analyze the maxim “to steal” – what does that mean, and what is its motivation?

• Then imagine a possible world in which everyone in a similar position to the real-world agent followed that maxim

• What does that lead to?

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SO, Given All That…Let’s look at the IEEE Code of Ethics:• What would Kant or another deontologist say about it?• What would Jeremy Bentham or another utilitarian say

about it?• Is it aimed at:

– Welfare of profession– Financial welfare of group– Reputation of the group– How differs from the law?– Is lying ever allowed?– Could one be “disbarred”?– Does it protect the public against dangerous practice?

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IEEE Code of EthicsWe, the members of the IEEE, in recognition of the importance of our

technologies in affecting the quality of life throughout the world, and in accepting a personal obligation to our profession, its members and the communities we serve, do hereby commit ourselves to the highest ethical and professional conduct and agree:

1. to accept responsibility in making decisions consistent with the safety, health and welfare of the public, and to disclose promptly factors that might endanger the public or the environment;

2. to avoid real or perceived conflicts of interest whenever possible, and to disclose them to affected parties when they do exist;

3. to be honest and realistic in stating claims or estimates based on available data;

4. to reject bribery in all its forms;

5. to improve the understanding of technology, its appropriate application, and potential consequences;

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IEEE CoE (cont.)6. to maintain and improve our technical competence and to undertake technological tasks for others only if qualified by training or experience, or after full disclosure of pertinent limitations;

7. to seek, accept, and offer honest criticism of technical work, to acknowledge and correct errors, and to credit properly the contributions of others;

8. to treat fairly all persons regardless of such factors as race, religion, gender, disability, age, or national origin;

9. to avoid injuring others, their property, reputation, or employment by false or malicious action;

10. to assist colleagues and co-workers in their professional development and to support them in following this code of ethics.

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What Does the Code NOT Say?

• Can a engineer ever ethically break the law? What would that mean?

• Does an act being legal make it acceptable for an engineer to do?

• How would YOU evaluate the right thing to do when faced with an ethical dilemma in a professional situation?

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SO, Once Again…Regarding the IEEE Code of Ethics:• What would Kant or another deontologist say about it?• What would Jeremy Bentham or another utilitarian say

about it?• Is it aimed at:

– Welfare of profession– Financial welfare of group– Reputation of the group– How differs from the law?– Is lying ever allowed?– Could one be “disbarred”?– Does it protect the public against dangerous practice?

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Journalist in El Salvador…(You read this article before class)

• Journalism is a profession, has a code of ethics – was he driven by that?

• Journalists are people whose profession calls on them to have a highly developed moral sense – was he driven by that?

• Was he knowledgeable of the applicable laws?• Was what he did legal in El Salvador? In

Mexico? In US?• What do you think of what this journalist did?

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Quick Review: Match Each Term to the Corresponding Concept It

Deals With: Terms: Concept:Utilitarianism a) It’s all hopeless, anyway

Futilitarianism b) KCI: do your duty

Brutilitarianism c) Most happiness for the most people

Beautilitarianism d) Lethal force okay if government okays

Dutilitarianism e) Elect the best-looking politicians

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Kant’s Perfect and Imperfect Duties

When violating a “maxim” would, under the Categorical Imperative (first form):

• lead to a logical contradiction (if universalized), we have a “perfect duty” not to violate the maxim (example – universalizing stealing meaninglessness of “property”)

• lead to an undesirable condition (if universalized), we have an “imperfect duty” not to violate the maxim (example – universalizing not helping others except for one’s own good wouldn’t ever want to ask anyone for help one couldn’t then repay, so we SHOULD help others without regard for our own repayment, when possible)

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A Second Form of Kant’s Categorical Imperative

• "Act in such a way that you treat humanity, whether in your own person or in the person of any other, always at the same time as an end and never simply as a means"

-- Kant, Immanuel; trans. Ellington, J.W. [1785] (1993), p.36

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KCI – Third Formulation

• "Therefore, every rational being must so act as if he were through his maxim always a legislating member in the universal kingdom of ends." – Ibid., p. 43

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KCI and Golden Rule: NOT the Same

“A sadist is a masochist who follows the golden rule.”

– T. Cathcart & D. Klein, Plato and a Platypus Walk into a Bar, Penguin, 2007

(Could we reasonably will that everyone would inflict pain on others?)

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Interlude – A Practical Example:Consideration of Gifts and

Amenities Issues

• (Example taken from Texas A&M University’s Engineering Ethics website)

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FIRST INSTALLMENT OF THE CASE

• TOM WAS NAMED THE DEPARTMENT MANAGER OF A LARGE NEW CHEMICAL PROCESS UNIT WHICH WAS TO BE DESIGNED AND THEN CONSTRUCTED. TOM'S RESPONSIBILITIES WERE TO FORM THE PROCESS UNIT STAFF, LOOK OVER THE DESIGNER'S SHOULDERS TO ASSURE THE PLANT WAS DESIGNED TO BE SAFE, OPERABLE, AND MAINTAINABLE, AND THEN START UP THE PLANT AFTER CONSTRUCTION.

• DURING HIS PREVIOUS EXPERIENCE, TOM HAD NOTICED THAT A NEW TYPE OF VALVE AND VALVE OPERATOR COULD OFTEN BE USED IN PLACE OF MORE COMMON GATE VALVES AND THEIR OPERATORS. IN EVERY CASE THE NEW VALVE WAS LESS EXPENSIVE AND OFTEN GAVE A TIGHTER SHUTOFF THAN THE GATE VALVE. TOM CONVINCED THE PROJECT DESIGNER TO ADD EVEN MORE OF THESE VALVES AND OPERATORS TO THE DESIGN. THE RESULT WAS AN IMPROVEMENT IN SAFETY, BECAUSE MORE FLOWS COULD BE SHUT OFF MORE QUICKLY IN AN EMERGENCY.

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FIRST SCENARIO

• AFTER A LARGE NUMBER OF VALVES HAVE BEEN SPECIFIED AND PURCHASED, THE SALESMAN FOR THE VALVES (JIM) VISITS TOM AND GIVES HIM A PLASTIC PEN WITH THE NAME OF JIM'S COMPANY STAMPED IN GOLD. THE PEN IS WORTH ABOUT $5.

• SHOULD TOM ACCEPT THE PEN?

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SECOND SCENARIO

• AFTER A LARGE NUMBER OF VALVES HAD BEEN SPECIFIED AND PURCHASED, JIM INVITES TOM TO PLAY GOLF WITH HIM AT THE LOCAL COUNTRY CLUB. TOM IS AN AVID GOLFER AND HAS WANTED TO PLAY GOLF AT THE COUNTRY CLUB FOR SOME TIME SINCE IT IS THE BEST COURSE IN TOWN.

• SHOULD TOM ACCEPT THE INVITATION?

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THIRD SCENARIO

• AFTER A LARGE NUMBER OF VALVES HAVE BEEN SPECIFIED AND PURCHASED, JIM OFFERS TO SPONSOR TOM FOR MEMBERSHIP IN THE LOCAL COUNTRY CLUB.

• TOM IS AN AVID GOLFER AND HAS WANTED TO BE A MEMBER OF THE CLUB FOR SOME TIME, BUT HAS NOT FOUND A SPONSOR.

• SHOULD TOM ACCEPT JIM'S OFFER?

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FOURTH SCENARIO

• AFTER A LARGE NUMBER OF VALVES HAVE BEEN SPECIFIED AND PURCHASED, JIM INVITES TOM TO A SEMINAR ON VALVES TO BE HELD IN SOUTH AMERICA. THERE WILL ALSO BE OPPORTUNITIES FOR FISHING AND RECREATION. TOM'S COMPANY WOULD HAVE TO PAY FOR TRANSPORTATION, BUT JIM'S COMPANY WILL COVER ALL THE EXPENSES IN SOUTH AMERICA. TOM IS SURE HIS MANAGER WILL AUTHORIZE THE TRIP IF ASKED, BUT OTHER MANAGERS IN THE FIRM, WHEN PLACED IN AN EQUIVALENT SITUATION, FEEL UNEASY ABOUT THESE TYPES OF OFFERS.

• SHOULD TOM ASK HIS MANAGER FOR THE AUTHORIZATION TO TAKE THIS TRIP?

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FIFTH SCENARIO

• AFTER A LARGE NUMBER OF VALVES HAVE BEEN SPECIFIED AND PURCHASED, JIM INVITES TOM ON A VERY NICE FISHING TRIP TO SOUTH AMERICA. JIM'S COMPANY WILL COVER ALL THE EXPENSES. TOM IS SURE HIS MANAGER WILL AUTHORIZE THE TRIP IF ASKED, BUT OTHER MANAGERS IN THE FIRM, WHEN PLACED IN AN EQUIVALENT SITUATION, FEEL UNEASY ABOUT THESE TYPES OF OFFERS.

• SHOULD TOM ASK HIS MANAGER FOR AUTHORIZATION TO TAKE THE TRIP?

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SIXTH SCENARIO

• BEFORE TOM'S DECISION TO RECOMMEND ANY TYPE OF VALVE, JIM VISITS AND OFFERS TOM A VERY NICE FISHING TRIP TO SOUTH AMERICA IF TOM WILL RECOMMEND JIM'S COMPANY'S VALVES. JIM'S VALVES ARE THE SAFEST AND LEAST EXPENSIVE.

• WHAT SHOULD TOM DO?

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SEVENTH SCENARIO

• BEFORE TOM'S DECISION TO RECOMMEND ANY TYPE OF VALVE, JIM VISITS TOM AND OFFERS HIM A VERY NICE FISHING TRIP TO SOUTH AMERICA, IF TOM WILL RECOMMEND THE VALVE PRODUCED BY JIM'S COMPANY. JIM'S VALVES ARE LESS SAFE AND MORE EXPENSIVE THAN OTHER TYPES OF VALVES.

• WHAT SHOULD TOM DO?

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SECOND INSTALLMENT

• AFTER THE PLANT IS CONSTRUCTED, TOM AND JIM BECOME VERY GOOD FRIENDS AND SOCIALIZE ON MANY OCCASIONS. THEY AND THEIR WIVES VISIT EACH OTHER IN THEIR HOMES AND IN THEIR LAKE HOUSES. THEY ALSO GO FISHING ON EACH OTHER'S BOATS. EVEN AFTER TOM LEAVES THE ORIGINAL PLANT, HE REMAINS GOOD FRIENDS WITH JIM.

• TOM IS THEN INVITED TO FLY IN JIM'S PLANE TO MEXICO FOR A WHITE WING DOVE HUNT. TOM NEVER DID ANYTHING TO HELP JIM AND HIS COMPANY, OTHER THAN HIS INITIAL RECOMMENDATION OF THE VALVES.

• SHOULD TOM ACCEPT THE INVITATION?