Lecture 3—Law and Ethics
and 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
1
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?
2
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
3
“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
4
Immanuel Kant’s
CATEGORICAL 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. 437
and 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.
5
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.
6
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?
7
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?
8
IEEE Code of Ethics
We, 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;
9
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.
10
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?
11
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?
12
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?
13
Quick Review: Match Each Term to
the Corresponding Concept It
Deals With:
Terms:
Utilitarianism
Futilitarianism
Brutilitarianism
Beautilitarianism
Dutilitarianism
Concept:
a) It’s all hopeless, anyway
b) KCI: do your duty
c) Most happiness for the most people
d) Lethal force okay if government okays
e) Elect the best-looking politicians
14
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)
15
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
16
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
17
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?)
18
Interlude – A Practical Example:
Consideration of Gifts and
Amenities Issues
• (Example taken from Texas A&M
University’s Engineering Ethics website)
19
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.
20
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?
21
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?
22
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?
23
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?
24
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?
25
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?
26
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?
27
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?
28