EDGAR THORPE/SHOWICK THORPE

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O N VA R I O U S R E L E VA N T TO P I C S

SU B J E C T SNA PSH OT
ETHICS AND MORAL DIMENSION OF DECISION MAKING
BRIEF STUDY MATERIAL

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ETHICS AND MORAL DIMENSIONS OF DECISION MAKING

SUBJECT SNAPSHOT

BRIEF STUDY MATERIAL

A.1
A.1.1

INTRODUCTION TO ETHICS
Defining ethics and values
Defining Ethics
Philosophical ethics is the theoretical analysis of what behaviors are good, right, or worthy. As applied to counseling, professional ethics (or ethics) is acceptable or good practice according to agreed-upon rules or standards of practice established by a profession, as in counseling or psychology.

1. Ethics is the branch of philosophy concerned with evaluating human action. It encompasses a process of determining right from wrong. 2. The word ethics is derived from the Greek word ethos, which means custom, or character. The word moral is derived from the Latin word mores, which means convention or practice. 3. Ethics may be viewed as interchangeable with morals. 4. Morals are personal principles that are acquired from life experiences: family and peer relationships religion culture law 5. Morals are appropriate for routine decisions, but not adequate for resolving complex

Defining Morality
Philosophical morality is the assessment of a persons actions against a theory in philosophical ethics. As applied to counseling, morality is defined as the principles that guide an individual, sometimes deriving from a religious standard; sometimes referred to as moral principles.

Decision-Making Skills
Decision making is a very important part of professionalism. Counselors need research skills to be able to define the critical issues and search for up-todate information related to the decision to be made. In defense of decisions, counselors would be wise to use a well-established framework or model for making ethical decisions.

issues arising in clinical settings. 6. Ethics is a system or philosophy of conduct and principles, whereas morals give the boundaries for acceptable behavior. Thus ethics provides structure for placing conduct into action. 7. Values are personal beliefs about truths and worth of thoughts, objects, or behaviora code of conduct for living, which may include: honesty hard work truthfulness sincerity 8. Values may change as one matures and can be subdivided into three systems: personal professional societal 9. Ethics may change as an individual matures or encounters new environments and cultures. 10. Understanding ones ethic and values is the first step in understanding the ethics and values of others and in assuring the delivery of appropriate services.

A.1.2

What Ethics Is Not?

1. Simply stated, ethics refers to standards of behavior that tell us how human beings ought to act in the many situations in which they find themselves-as friends, parents, children, citizens, businesspeople, teachers, professionals, and so on. 2. It is helpful to identify what ethics is NOT: Ethics is different from etiquette. Etiquette refers to some special code of behaviour or courtesy. It prescribes some sort of socially acceptable behaviour. Etiquette refers to judging peoples manners as good or bad and their conduct as right or wrong. Thus, etiquette simply refers to socially appropriate or inappropriate behaviour and express judgments about good and bad manners. Ethics is not the same as feelings. Feelings provide important information for our ethical choices. Some people have highly developed habits that make them feel bad when they do something wrong, but many people feel good even though they are doing something wrong. And often our feelings will tell us it is uncomfortable to do the right thing if it is hard.

Ethics is not religion. Many people are not religious, but ethics applies to everyone. Most religions do advocate high ethical standards but sometimes do not address all the types of problems we face. Ethics is not following the law. A good system of law does incorporate many ethical standards, but law can deviate from what is ethical. Law can become ethically corrupt, as some totalitarian regimes have made it. Law can be a function of power alone and designed to serve the interests of narrow groups. Law may have a difficult time designing or enforcing standards in some important areas, and may be slow to address new problems. Ethics is not following culturally accepted norms. Some cultures are quite ethical, but others become corrupt -or blind to certain ethical concerns (as the United States was to slavery before the Civil War). "When in Rome, do as the Romans do" is not a satisfactory ethical standard. Ethics is not science. Social and natural science can provide important data to help us make better ethical choices. But science alone does not tell us what we ought to do. Science may provide an explanation for what humans are like. But ethics provides reasons for how humans ought to act. And just because something is scientifically or technologically possible, it may not be ethical to do it.

A.1.2

Law and Ethics

1. The legal system is founded on rules and regulations that guide society in a formal and binding manner and give guidance to health care providers regardless of personal views and value systems. 2. Ethical values are subject to philosophical, moral, and individual interpretations. 3. Many health care providers have difficulty in areas that transect a system of rights and values such as death, genetics, etc.

A.1.3

Ethical Theories that Underlie Ethical Professional Practices.

1. Ethics involves systematizing, defending, and recommending concepts of appropriate and acceptable behaviors. There are a variety of ethical theories. 2. The most basic distinctions in ethics are: non-normative ethics

3.

4.

A.

B.

normative ethics Non-normative ethics (metaethics) is the study of things that exist in the universe and attempts to analyze the meaning, justification, and inferences of moral concepts and statements, investigating where ethical principles originate and what they mean. Normative ethics concerns norms of behavior and value and the ultimate application of these standards to everyday lifea more practical view of regulating right and wrong. Key assumption is that there is but one ultimate criterion of moral conduct. Normative ethics can be divided into two theories: deontological (Greek duty) teleological (Greek end) Deontological derives norms and rules from the duties human beings owe one another by virtue of commitments that are made and roles that are assumedits greatest strength is its emphasis on the dignity of human beings. Deontological theory can be divided into: o Virtue theory: places less emphasis on learning rules and regulations and more on development of good character and habitually performing in this quality mode. o Duty theory: based on the premise that there are some obvious obligations that one has as a human beinge.g., to tell the truth. Deontological ethics look not to the consequences of an action but to the intention of the action. Situation ethics (love ethics) is a branch of deontological ethics that takes into account the unique characteristics of each individual and the most humanistic course of action given the circumstances. Deontological theories can be subdivided into: o Act deontology: based on the personal moral values of the person making the ethical decision. o Rule deontology: based on the belief that certain standards for ethical decisions transcend the individuals moral values. Teleological theories ( also called utilitarianism) derive rules of conduct from consequences of actions; usefulness of an action is determined by the amount of happiness it brings. Teleological (utilitarian) ethics can be subdivided into: o Rule utilitarianism: seeks the greatest happiness for all. o Act utilitarianism: attempts to determine which course of action will bring about the greatest happiness or least harm or suffering to a single individual. Happiness is subjective.

C. Another view of normative ethics is applied ethics, which concerns the analysis of specific, controversial moral issues (e.g., abortion). Applied ethics has two key characteristics: Issue needs to be controversial. Issue must be a distinctly moral issue. 5. Principalism incorporates various existing ethical principles and attempts to resolve conflicts by applying one or more of these principles. 6. Principles encompass basic premises from which rules are developed. Principles are the norms that professionals both demand and strive to implement daily in clinical practice. 7. Relational ethics redirects the issue of rights and responsibilities of the autonomous individual to view the relational commitments that individuals have to each other, thus decisions fall into the context of the environments in which the decisions are made. The four components of relational ethics are: Engagementrequires a shared relationship in which communication expresses and considers both rational and emotional aspects of individuals lives in ethical decision making. Mutual respectacknowledges differences and individuality, incorporating a broad understanding of culture and language as they affect ethical principles and issues. Embodimentreflects the connection needed between persons so that interactions between them are meaningful and fully acknowledged. Environmentincludes breadth of the relationship, moving beyond individual personalities so that a broader relationship can be established and appreciated.

A.1.4

The Ethical Principles

1. Autonomyaddresses personal freedom and self-determination. The legal doctrine of informed consent is a direct reflection of this principle. 2. Beneficencestates that actions one takes should promote good. In caring for patients this can be interpreted in many ways. Professionals consider this principle when viewing the long-term outcomes of invasive and noninvasive procedures. 3. Nonmaleficencestates that one should do no harm. The focus of a projected treatment or procedure is on the consequences of the benefits to the patients and not on the harm that occurs at the time of intervention.

4. 5. 6. 7.

8.

A. Double effect is a concept that supports interventions that may be harmful. Four conditions must be present for this concept: The action must be good or at least morally indifferent. The practitioner must intend only a good effect. The undesired effect must not be the means of attaining the good effect. There is a proportional or favorable balance between the desirable and the undesirable effects of the action. Veracity concerns truth telling and incorporates the concept that individuals should always tell the truththe whole truth. Fidelity is keeping ones promises or commitments. Paternalism(also known as parentialism) involves making the final decisions for others and is often seen as an undesirable principle. Justicestates that people should be treated fairly and equally, ideally giving each person what he or she deserves. Justice can be divided into: Distributive justice (social justice) refers to the extent to which society ensures that benefits and burdens are distributed among societys members in ways that are just and fair. Retributive (correctional justice) refers to the extent to which punishments are fair and just. Compensatory justice refers to the extent that people are fairly compensated for their injuries by those who have injured them. Respect is seen by many ethicists as the highest principle; incorporates all other principles.

A.II FACTORS THAT DETERMINE ETHICAL AND UNETHICAL BEHAVIOUR

Whether someone behaves ethically or unethically when faced with an ethical dilemma is influenced by several things: his or her stage of moral development and other moderating variables, including individual characteristics, the organizations structural design, the organizations culture, and the intensity of the ethical issues. People who lack a strong moral sense are much less likely to do the wrong things if they are constrained by the rules, policies, job descriptions, or strong cultural norms that disapprove of such behaviours.

A.III

ETHICAL ISSUES AND DECISION MAKING

Ethical Dilemma and Ethical Standards

1. An ethical dilemma is a circumstance that stymies or confuses the counselor because there are competing or conflicting ethical standards that apply, there is a conflict between what is ethical and moral, the situation is such that complexities make application of ethical standards unclear, or some other circumstance prevents a clear application of standards. 2. Ethical standards are the rules that apply to counseling practices, typically found in the codes of ethics of professional associations. They are derived from the judgments of individuals who are members of established professional organizations. 3. A profession without ethical standards is a questionable profession.
Why Identifying Ethical Standards is Hard
There are two fundamental problems in identifying the ethical standards we are to follow: (i) On what do we base our ethical standards? (ii) How do those standards get applied to specific situations we face? (iii) If our ethics are not based on feelings, religion, law, accepted social practice, or science, what are they based on? Many philosophers and ethicists have helped us answer this critical question. They have suggested at least five different sources of ethical standards we should use.

4. Professional Ethics Versus Legally Mandated Ethics Professional ethics vs. legally mandated ethics. Professional ethics for counselors are regulated through professional associations. They are mandatory for members of the associations. Legally mandated ethics also apply to counselors and are required by law. Legally mandated ethics derive from state and federal statutes. For example, state counselor licensure laws typically reference a code of ethics, and those standards are legally mandated by the states licensure authority. 5. Definitions Related to Licensure Licensure allows a person to practice a profession and prevents the practice of a profession by those who are unlicensed. Revocation of a license is a loss of the right to practice in the states jurisdiction.

Suspension of a license is a temporary loss of the right to practice the profession within the jurisdiction. Portability is a process whereby a licensed counselors credentials in one state are recognized by another state for licensure purposes without additional imposed requirements 6. Mandatory versus Aspirational Ethics Standards Ethical standards can be mandatory or aspirational. Mandatory ethical standards require compliance with laws and dictates of professional codes of ethics. Aspirational ethical standards are viewed above mandatory ethical standards and involve consideration of the welfare of clients and the effects of actions on the profession as a whole. Aspirational standards specify ideals for the profession and are not enforceable.

FIVE SOURCES OF ETHICAL STANDARDS

The Utilitarian Approach Some ethicists emphasize that the ethical action is the one that provides the most good or does the least harm, or, to put it another way, produces the greatest balance of good over harm. The ethical corporate action, then, is the one that produces the greatest good and does the least harm for all who are affected-customers, employees, shareholders, the community, and the environment. Ethical warfare balances the good achieved in ending terrorism with the harm done to all parties through death, injuries, and destruction. The utilitarian approach deals with consequences; it tries both to increase the good done and to reduce the harm done. The Rights Approach Other philosophers and ethicists suggest that the ethical action is the one that best protects and respects the moral rights of those affected. This approach starts from the belief that humans have a dignity based on their human nature per se or on their ability to choose freely what they do with their lives. On the basis of such dignity, they have a right to be treated as ends and not merely as means to other ends. The list of moral rights -including the rights to make one's own choices about what kind of life to lead, to be told the truth, not to be injured, to a degree of privacy, and so on-is widely debated; some now argue that non-humans have rights, too. Also, it is often said that rights imply duties-in particular, the duty to respect others' rights. The Fairness or Justice Approach Aristotle and other Greek philosophers have contributed the idea that all equals should be treated equally. Today we use this idea to say that ethical actions treat all human beings equally-or if unequally, then fairly based on some standard that is defensible. We pay people more based

on their harder work or the greater amount that they contribute to an organization, and say that is fair. But there is a debate over CEO salaries that are hundreds of times larger than the pay of others; many ask whether the huge disparity is based on a defensible standard or whether it is the result of an imbalance of power and hence is unfair. The Common Good Approach The Greek philosophers have also contributed the notion that life in community is a good in itself and our actions should contribute to that life. This approach suggests that the interlocking relationships of society are the basis of ethical reasoning and that respect and compassion for all others-especially the vulnerable-are requirements of such reasoning. This approach also calls attention to the common conditions that are important to the welfare of everyone. This may be a system of laws, effective police and fire departments, health care, a public educational system, or even public recreational areas. The Virtue Approach A very ancient approach to ethics is that ethical actions ought to be consistent with certain ideal virtues that provide for the full development of our humanity. These virtues are dispositions and habits that enable us to act according to the highest potential of our character and on behalf of values like truth and beauty. Honesty, courage, compassion, generosity, tolerance, love, fidelity, integrity, fairness, self-control, and prudence are all examples of virtues. Virtue ethics asks of any action, "What kind of person will I become if I do this?" or "Is this action consistent with my acting at my best?"

Ethics Governance
1. There are several levels of ethics governance. 2. At one level of ethics governance, accreditation of degree programs allows for clear recognition of a program. Accreditation standards typically require training in ethics. 3. Professional accreditation is the process whereby a college or university professional program voluntarily undergoes review by an accrediting body. Professional accrediting bodies essentially qualify educational programs. 4. The next level includes professional organizations with aspirational codes of ethics but no internal mandatory enforcement mechanisms. 5. The next level of ethical governance is made up of professional organizations that maintain and enforce a mandatory code of ethics. 6. The next level of ethics includes professional regulatory bodies that either certify or license professionals.

7. The courts are at the pinnacle of the ethics governance hierarchy. 8. In malpractice actions, establishing a violation of duty is one of the central points. Also, one party to the action might attempt to establish that a blatant violation of the general rules of the profession occurred by reference to the professions ethical standards. 9. The court may also question the scope of practicethe extent and limits of activities considered acceptable by individuals licensed of certified in a profession or specialty.

A Framework for Thinking Ethically

This document is structured as a start-up to thinking ethically. We all have an image of our better selves-of how we are when we act ethically or are "at our best." We probably also have an image of what an ethical community, an ethical business, an ethical government, or an ethical society should be. Ethics really has to do with all these levels-acting ethically as individuals, creating ethical organizations and governments, and making our society as a whole ethical in the way it treats everyone. Putting the Approaches Together Each of the approaches helps us determine what standards of behavior can be considered ethical. There are still problems to be solved, however. The first problem is that we may not agree on the content of some of these specific approaches. We may not all agree to the same set of human and civil rights. We may not agree on what constitutes the common good. We may not even agree on what is a good and what is a harm. The second problem is that the different approaches may not all answer the question "What is ethical?" in the same way. Nonetheless, each approach gives us important information with which to determine what is ethical in a particular circumstance. And much more often than not, the different approaches do lead to similar answers. Making Decisions Making good ethical decisions requires a trained sensitivity to ethical issues and a practiced method for exploring the ethical aspects of a decision and weighing the considerations that should impact our choice of a course of action. Having a method for ethical decision making is absolutely essential. When practiced regularly, the method becomes so familiar that we work through it automatically without consulting the specific steps. The more novel and difficult the ethical choice we face, the more we need to rely on discussion and dialogue with others about the dilemma. Only by careful exploration of the problem, aided by the insights and different perspectives of others, can we make good ethical choices in

such situations. We have found the following framework for ethical decision making a useful method for exploring ethical dilemmas and identifying ethical courses of action. Recognize an Ethical Issue 1. Could this decision or situation be damaging to someone or to some group? Does this decision involve a choice between a good and bad alternative, or perhaps between two "goods" or between two "bads"? 2. Is this issue about more than what is legal or what is most efficient? If so, how? Get the Facts 3. What are the relevant facts of the case? What facts are not known? Can I learn more about the situation? Do I know enough to make a decision? 4. What individuals and groups have an important stake in the outcome? Are some concerns more important? Why? 5. What are the options for acting? Have all the relevant persons and groups been consulted? Have I identified creative options? Evaluate Alternative Actions 6. Evaluate the options by asking the following questions: Which option will produce the most good and do the least harm? (The Utilitarian Approach) Which option best respects the rights of all who have a stake? (The Rights Approach) Which option treats people equally or proportionately? (The Justice Approach) Which option best serves the community as a whole, not just some members? (The Common Good Approach) Which option leads me to act as the sort of person I want to be? (The Virtue Approach) Make a Decision and Test It 7. Considering all these approaches, which option best addresses the situation? 8. If I told someone I respect-or told a television audience-which option I have chosen, what would they say? Act and Reflect on the Outcome 9. How can my decision be implemented with the greatest care and attention to the concerns of all stakeholders? 10. How did my decision turn out and what have I learned from this specific situation?