The Mechanical Engineering Profession

What exactly is a profession?

• In a broad sense, a profession is any occupation that
provides a means by which to earn a living.
• Profession are those forms of work involving advance
expertise, self-regulation, and concerted service to the
public good.
 Advance Expertise
• Professions require sophisticated skills (knowing-how) and theoretical
knowledge (knowing-that) in exercising judgment that is not entirely routine or
susceptible to mechanization.

• Preparation to engage in the work typically requires extensive formal education,

including technical studies in one or more areas of systematic knowledge as
well as some broader studies in the liberal arts (humanities, sciences, arts).

• Generally, continuing education and updating knowledge are also required.

 Self-regulation
• Well-established societies of professionals are allowed by the public
to play a major role in setting standards for admission to the
profession, drafting code of ethics, enforcing standards of conduct,
representing the profession before the public and the government.

• Often this is referred to as the “autonomy of the profession,” which

forms the basis for individual professionals to exercise autonomous
professional judgment in their work.
 Public Good
• The occupation serves some important public good, and it does so by
making a concerted effort to maintain high ethical standards throughout
the profession.

• For example, medicine is directed toward promoting health, law toward

protecting the public’s legal rights, and engineering toward technological
solutions to problems concerning the public’s well-being, safety and
health.

• The aims and guidelines in serving the public good are detailed in
professional codes of ethics.
 Engineering as a profession
• Professions, as structured groups of professionals, have collective
responsibilities to promote responsible conduct by their members, they
can do so in many ways.

• One important way is to promulgate and take seriously a code of ethics

for members of the professions.

• Taking ethics seriously involves developing procedures for disciplining

responsible engineers, but the main emphasis in ethics should be
supporting responsible individuals.
 Engineering as a profession
• In fact, the vast majority of engineers are normally committed, but
they need the support of morally committed professional societies.

• Professions and professionals also need to think in terms of

preventive ethics-that is, ethical reflection and action aimed at
preventing moral harm and unnecessary ethical problems.
Codes of Ethics
• Codes of ethics state the moral responsibilities of
engineers as seen by the profession and as represented
by a professional society. Because they express the
profession’s collective commitment to ethics, codes are
enormously important, not only in stressing engineers’
responsibilities but also in supporting the freedom needed
to meet them.
• Codes of ethics play at least eight essential roles: serving
and protecting the public, providing guidance, offering
inspiration, establishing shared standards, supporting
responsible professionals, contributing to education,
deterring wrongdoing, and strengthening a profession’s
image.
• Serving and protecting the public.
• Guidance.
• Inspiration
• Shared Standard
• Support for responsible professionals.
• Education and mutual understanding.
• Deterrence and discipline
• Contributing to the profession’s image.
 Abuse of Codes
• When codes are not taken seriously within a profession,
they amount to a kind of window dressing that ultimately
increases public cynicism about the profession. Worse,
codes occasionally stifle dissent within the profession and
are abused in other ways.
• Probably the worst abuse of engineering codes is to restrict honest
moral effort on the part of individual engineers to preserve the
profession’s public image and protect the status quo. Preoccupation
with keeping a shiny public image may silence healthy dialogue and
criticism. And an excessive interest in protecting the status quo may
lead to a distrust of the engineering profession on the part of both
government and the public. The best way to increase trust is by
encouraging and helping engineers to speak freely and responsibly
about public safety and well-being. This includes a tolerance for
criticisms of the codes themselves, rather than allowing codes to
become sacred documents that have to be accepted uncritically.
 Limitations of Codes
• Codes are no substitute for individual responsibility in
grappling with concrete dilemmas. Most codes are
restricted to general wording, and hence inevitably
contain substantial areas of vagueness. Thus, they may
not be able to straightforwardly address all situations. At
the same time, vague wording may be the only way new
technical developments and shifting social and
organizational structures can be accommodated.
 Ethical Relativism
• Does a profession’s code of ethics create the obligations
that are incumbent on members of the profession, so that
engineers’ obligations are entirely relative to their code of
ethics? Or does the code simply record the obligations
that already exist?
ETHICAL THEORIES
FOUR BROAD CATEGORIES OF ETHICAL
THEORIES

• DEONTOLOGY
• UTILITARIANISM
• RIGHTS
• VIRTUE
 DEONTOLOGY
THIS IS CLASS OF ETHICAL THEORIES STATES THAT
PEOPLE SHOULD ADHERE TO THEIR OBLIGATIONS
AND DUTIES WHEN ENGAGED IN DESICION MAKING
WHEN ETHICS ARE IN PLAY.

THIS MEANS THAT A PERSON WILL FOLLOW HIS/HER

OBLIGATIONS TO ANOTHER INDIVIDUAL OR SOCIETY
BECAUSE UPHOLDING ONES DUTY IS WHAT
CONSIDERED ETHICALLY CORRECT.
 UTILITARIANISM

THEORIES THAT ARE BASED ON ONES ABILITY TO

PREDICT THE CONSEQUENCES OF AN ACTION. TO A
UTILITARIAN, THE CHOICE THAT YIELDS THE
GREATEST BENEFIT TO THE MOST PEOPLE IS THE
ONE THAT IS ETHICALLY CORRECT.
 TWO TYPES OF UTILITARIANISM

• ACT UTILITARIANISM

• RULE UTILITARIANISM
 ACT UTILITARIANISM

SUBSCRIBES PRECISELY TO THE DEFINITION OF

UTILITARIANISM. A PERSON PERFORMS THE ACT
THAT BENIFIT THE MOST PEOPLE, REGARDLESS OF
PERSONAL FEELINGS.
 RULE UTILITARIANISM

RULE TO UTILITARIANISM TAKES INTO ACCOUNT THE

LAW AND IS CONCERN WITH FAIRNESS. SEEKS TO
BENEFIT THE MOST PEOPLE BUT THROUGH THE
FAIREST AND MOST JUST MEANS AVAILABLE.
 RIGHTS

IN ETHICAL THEORIES BASE ON RIGHTS, THE RIGHTS

ESTABLISH A SOCIETY ARE PROTECTED AND GIVEN
THE HIGHEST PRIORITY.

RIGHTS ARE CONSIDERED TO BE ETHICALLY

CORRECT AND VALID SINCE A LARGE POPULATION
ENDORSE THEM.
 VITURE

THE VIRTUE ETHICAL THEORY JUDGE BY HIS/HER

CHARACTER RATHER THAN BY ANY ACTION THAT MAY
DEVIATE FROM HIS/HER NORMAL BEHAVIOR.

ONE WEAKNESS OF VIRTUE ETHICAL THEORY IS

THAT IT DOES NOT TAKE INTO CONSIDERATION A
PERSON MORAL CHARACTER.
Utilitarianism and Virtue Ethics
 Utilitarianism

• Jeremy Bentham
(1748-1832)

Founder of
Utilitarianism
 Utilitarianism

• Utilitarianism says the sole standard of right action

is good consequences.

• One general moral requirement:

“Produce the most good for the most people,
giving equal consideration to everyone affected.”
 Total Utility
Utilitarian ethics are
Agent
consequentialist
(consequence based).
When considering utilitarian ethics,
remember that:
1. They cause
2. The maximum
3. Total (aggregate)
4. Utility for the considered
recipients of action.
Action
creates
consequence
Note that utilitarian ethics do not
consider best possible outcomes for all
recipients, but instead a computation of
total utility.

Utility is abstract. Under

utilitarian ethics, we want to
maximize total utility, but we
must first define utility.
• The word utility is the usefulness of
the results of action.
 Utilitarianism

• Thinking are reflected in cost-benefit analyses:

 Tally
up the likely good consequences of various options or
proposals.
 Do likewise for the likely bad consequences.
 Favour that proposal which maximizes the overall
good.
 Utilitarianism

• Utilitarianism also seems a straightforward way to

interpret the central principle in most engineering
codes:

“Engineers shall hold paramount the safety,

health and welfare of the public in the
performance of their professional duties.”
The way we apply utilitarianism
depends on the way we want to
define our world.
 Act Utilitarianism: Uses maximization of utility as a decision making
process (Direct Utilitarianism)
 Rule Utilitarianism: Uses utilitarianism as a standard for rightness
by which societal rules for right-conduct are defined (Indirect
Utilitarianism)
 Actual-value Utilitarianism: Judges action based on after-the-fact
consequences
 Expected-value Utilitarianism: Judges action based on expected
consequences
To some extent, utilitarian ethics
force us to consider virtue ethics.
Total Utility
Agent

• Virtue Ethics: Relate to the moral

agent’s character
• Consequentialist Ethics: Are
concerned with the outcome of an
agent’s choice of action and what
that means for (the) recipient(s)
When we start considering
pleasure, or preference-satisfaction,
we often find ourselves considering Action
creates
motivation… How (and why)
consequence
should a moral agent act?
Virtue Ethics
 Virtue Ethics
• Character is the pattern of virtues and vices in persons.

• Virtues are desirable habits or tendencies in action,

commitment, motive, attitude, emotion, ways of reasoning,
and ways of relating to others.

• Vices are morally undesirable habits or tendencies.

 Virtues and Vices
• Words for specific virtues, • Words for specific vices
however, remain familiar, both are also familiar:
in engineering and in
everyday life—for example,

• incompetence
 competence • dishonesty
 honesty • cowardice
 courage • unfairness
 fairness • disloyalty
 loyalty • arrogance
 humbleness
“Moral virtues are habits of
reaching a proper balance
between extremes, whether in
behavior, emotion, or desire
-Aristotle (384–322 BC)
”
Virtues are tendencies to find the reasonable ( golden) mean
between the extremes of too much (excess) and too little
(deficiency) with regard to particular aspects of our lives.
• Thus, truthfulness is the appropriate middle ground (mean) between
revealing all information, in violation of tact and confidentiality
(excess), and being secretive or lacking in honesty (deficiency) in
dealing with truth.

• Again, courage is the mean between foolhardiness (the excess of

rashness) and cowardice (the deficiency of self-control) in confronting
dangers.

• The most important virtue is practical wisdom, that is, morally good
judgment, which enables us to distinguish the mean for all the other
virtues.
 Aristotle lists the following as virtues of
character
• Courage, also called bravery
• Temperance
• Liberality, also called generosity
• Magnificence; Greatness of Soul, also called magnanimity a nameless
virtue concerned with appropriate concern for honor, defined in excess as
ambition, and in deficit as unambitious, where the virtue lies in the middle
• Gentleness, also called mildness
• Truthfulness
• Wittiness
• Friendliness
• Modesty
• Good
 Responsible Professionalism

• The most comprehensive virtue of engineers.

• This umbrella virtue implies four (overlapping)

categories of virtues:
• public well-being
• professional competence
• cooperative practices
• personal integrity
• Public-spirited virtues are focused on the good of clients and the
wider public.

• Proficiency virtues are the virtues of mastery of one’s profession, in

particular mastery of the technical skills that characterize good
engineering practice.

• Teamwork virtues are those that are especially important in enabling

professionals to work successfully with other people.

• Self-governance virtues are those necessary in exercising moral

responsibility
 Examples of Virtue Ethics in the Workplace

• Displaying Trustworthiness
• As a trusted employee, your superiors and co-workers are able to
count on you in any given situation. They know you will put 100
percent into your job and you are always forthright with others, but you
also display compassion and empathy during your encounters with
them. You are seen as a team player and you always have your
colleagues back.
 Examples of Virtue Ethics in the Workplace

• Being Respectful
• In order to get along with others at work, whether co-workers or
members of management, you always treat people with respect, listen
to their opinions and you accept others for whom they are. This makes
you respected in return and a valuable part of your company. Being
honest is important to you and you don’t gossip about others behind
their backs.
 Examples of Virtue Ethics in the Workplace

• Taking Responsibility
• If you do make a mistake, you own up to it instead of trying to
blame others for the failure. This makes you a responsible person
in the eyes of your superiors and they know they can count on
you to give your all at work and they often allow you to have more
responsibilities at work. This may mean assisting them on a
project, being a team leader or taking on bigger clients.

• Even though you don’t do it for the rewards, displaying virtue

ethics at work can help you achieve more than others who don’t
have your character.
 “Simple” Sample Cases
So let’s end by considering the following:
Derek Parfit’s Harmless Torturer
problem
“The victim is hooked up to a torture machine. The
machine has a dial with 1000 clicks. Turning the dial by
one click causes an slight addition to the victim’s pain.
Turning the dial by 1000 clicks causes the victim
excruciating pain. 1000 people each turn the dial by one
click. Each person causes the victim no addition to
perceptible pain. Therefore, each person does nothing
wrong. However, the victim experiences extreme pain
(Parfit 1984: 80).”
Parfit, Derek. 1984. Reasons and Persons. Oxford: Clarendon Press.

This is a problem of accumulation with regard

to pleasure-seeking utilitarianism. What does
this case teach us about aggregation and
accumulation?
Transplant Case
“In a certain hospital, five people will die without a
transplant operation. Each of them would prefer
to live. One needs a heart, two each need a lung,
and two each need a kidney. Into the operating
room comes an unsuspecting person with one
healthy heart, two healthy lungs, and two healthy
kidneys. The surgeon removes the organs from
the unsuspecting person and transplants them
into the five needy people, thereby maximizing
the aggregate lives saved, by saving five lives but
losing one. The surgeon maximizes aggregate
utility by satisfying the preferences of five people,
but violates the rights of the unsuspecting victim.”

Under utilitarianism, this is ethical…

right?
Bernard Williams’s Kidnap Case
“Terrorists capture George and twenty companions. The
leader of the terrorists makes George the following
proposition: “If you shoot just one of your friends, I will let
the others go free. If you do not, then I will kill them all.”

Again, under utilitarianism, this is

ethical…right?
xx
The Axe Murderer and the Truth Teller

“Karl’s roommate, Jane, is in her room. An axe

murderer comes to the door and asks Karl if
she is home. Karl believes he has a duty to
always tell the truth to others, no matter what
the consequences. Karl believes that the axe
murderer has a right to hear the truth from him.
Karl tells the Axe murderer that Jane is in, and
believes that, since his intentions were good,
Telling
he the truth
should notis be
virtuous…right?
morally condemned for the
ensuing bloodshed.”
Code of Mechanical Engineering
Ethics in the Philippines
 Code of Mechanical Engineering Ethics in the
Philippines
• Pursuant to Section 9 of Commonwealth Act No. 294, as
amended, otherwise known as the Mechanical
Engineering Law, this Code of Mechanical Engineering
Ethics is hereby adopted by the Board of Mechanical
Engineering as part of the Rules and Regulations
governing the practice of Mechanical Engineering.
 GENERAL PRINCIPLES
• Rule 1. The mechanical engineer shall, in the practice of
his profession, be governed by the Golden Rule, the
ideals of service to man and his environment, and the
indispensability of unwavering public confidence in his
professional competence, integrity and humanity.
• Rule 2. The mechanical engineer shall maintain the proper pride
for his profession, observe the standards of professional practice,
safeguard the dignity, welfare, and reputation of his colleagues in
the professions, and fulfill his duties and obligations as a citizen
of the Republic of the Philippines.

• Rule 3. The mechanical engineer shall update and enhance

constantly his professional knowledge and skills through
assiduous research and study, and meaningful participation in
continuing education programs and seminars conducted or
authorized by the Philippine Society of Mechanical Engineers or
educational institutions supervised by the State.
• Rule 4. The ethical principle governing the
mechanical engineer applies equally to
partnerships, firms and entities organized and
existing for the practice of mechanical
engineering.
 RELATIONS WITH THE STATE
• Rule 5. The mechanical engineer shall honor and respect the
supreme authority of the State, the Rule of Law, the primacy of
the general welfare, the fundamental rights of persons, and the
obligations and privileges of citizens recognized and guaranteed
by the Constitution of the Philippines.
• Rule 6. He shall cooperate fully with the State in the pursuit of
national development plans and programs, the inviolability
of national security, the promotion of peace, and the prevention
and/or prosecution of unjust, criminal or unlawful acts and
omissions.
• Rule 7. He shall be ready to render the services needed
for the adequate and orderly development of the
resources of the country, and to offer his mechanical
devices and inventions essential or necessary for national
defense.

• Rule 8. In a national emergency, he shall offer his

professional knowledge, skill and experience in the
service of the State.
 RELATIONS WITH THE COMMUNITY
• Rule 9. The mechanical engineer shall be well-informed of the latest technological
progress in his own line of work. He shall encourage and require the use, or
application of standard mechanical equipment, machinery, or processes for safety,
economy and efficiency.

• Rule 10. Whenever he designs a mechanical equipment, machinery or process, or

prepares the layout of a project, he must apply an adequate factor of safety, and
provide for the necessary leeway for proper operating and maintenance
conditions.

• Rule 11. When he discovers faulty or unsafe devices, equipment, or machinery in

any place, work or plant, he shall without delay, give notice thereof to the proper
authority, public or private, for the immediate and effective correction, regardless of
whether or not he is responsible for said place, work or plant.
 RELATIONS WITH LABOR
• Rule 12. The mechanical engineer shall recognize labor as one of the major
resources of our country. He must acknowledge that a working man is not a
mechanical robot but a human being.

• Rule 13. He shall be familiar with the State policies on Labor and Social
Justice, as well as labor and social legislation and shall observe faithfully
these policies and laws in his dealings with labor in general, and with his
workmen in particular.

• Rule 14. He shall strive to improve the skills of his workmen, pay them a fair
living wage, and instruct them on how to prevent accidents in their place of
work.
 RELATIONS WITH CLIENTS AND EMPLOYERS

• Rule 15. The mechanical engineer shall observe

punctuality in his appointments, perform honestly and in
good faith his contractual obligation and his duties and
obligations to his client or employer, and observe fair
dealing in his relations with his clients and employers.

• Rule 16. He shall treat with confidentiality any information

obtained by him as to the business affairs and technical
methods or processes of a client or employer.
• Rule 17. He shall inform his client or employer of his business
connections, interests, or affiliations which may influence his
judgment, or impair the quality or character of his services.

• Rule 18. The mechanical engineer is entitled to a just and fair

compensation for his services. In the computation of such
compensation, the period of time consumed, his knowledge,
skill, experience, and reputation, and the depreciation of
instruments and materials used, shall be considered and
accorded such weight as is just and reasonable.
• Rule 19. He shall accept compensation, financial or otherwise, for
his services from his client or employer only. He may agree to, or
receive compensation from any other source only with the full
knowledge and consent of all parties concerned.

• Rule 20. The mechanical engineer shall be completely above

suspicion or reproach in his relation with his clients or employers,
avoiding the remotest reference or relation to any secret or
questionable agreement on commissions or other financial
considerations promised by or received from any person or entity
other than his client or employer.
 RELATIONS WITH COLLEAGUES AND ASSOCIATES

• Rule 21. To thane own self be true and thou cannot be

false to any man - expresses the duty which a mechanical
engineer owes to himself and to others.

• Rule 22. The mechanical engineer shall use only fair

means to gain professional advancement. In the pursuit
thereof he shall not injure the work or employment
opportunities of others or use any improper or questionable
method of soliciting employment or clientele.
• Rule 23. He shall refrain from association with, or allowing the use of his name
by, any person or entity of questionable reputation.

• Rule 24. He shall provide the opportunity and the means to improve and
advance the knowledge, skills, and experience of his colleagues and
associates.

• Rule 25. He shall define clearly the line of authority and scope of responsibility
of his associates and assistants. Orders, or the recall thereof, shall be issued
through proper channels.

• Rule 26. He shall be receptive to new ideas and suggestions from others, and
ready to recognize, encourage, and accredit the authors thereof. Suggestions
from colleagues and associates shall be given more careful attention.
• Rule 27. He shall use tact and discretion in dealing with his colleagues and
associates, but not at the sacrifice of firmness. He shall work out difficult problems
with courage and serenity.

• Rule 28. Careful selection of understudies shall be a guiding principle, and

preference shall be given to those with adequate engineering education.

• Rule 29. He shall not expect others to face danger that he himself will not face. He
shall observe at all times safety requirements for the protection of all concerned.

• Rule 30. The mechanical engineer shall actively support the duly accredited
association with the end in view of enhancing the practice of the profession and
discharging his public responsibilities as professional.
 PENAL PROVISIONS
Rule 31. Violation of any provision of this code, which
causes damage or injury to another, shall be punishable
by a fine of not more than Two hundred Pesos (P200.00),
or an imprisonment for not more than (2)months, or both,
at the discretion of the Court.
• Rule 32. Violation of any provision of this Code shall
likewise constitute unethical, unprofessional and
dishonorable conduct, and shall be dealt with under the
provisions of Sec. 42 of the Mechanical Engineering Act,
R.A. No. 8495.
 EFFECTIVITY
• Rule 33. This Code shall take effect after approval by the
Professional Regulation Commission and after fifteen (15)
days following its publication in the Official Gazette
Rights Ethics
 Rights Based Ethics

The concept of rights based ethics is that there are some rights, both positive
and negative, that all humans have based only on the fact that they are human.
These rights can be natural or conventional. That is, natural rights are those that
are moral while conventional are those created by humans and reflect society's
values.
 What Are ‘Rights’?

1. A right is an entitlement to something E.g., legal rights

guaranteed by the Canadian Charter of Rights and Freedoms
(1982): In Canada, legal sanctions may apply in cases where
rights to life, liberty or security of the person have been found to
be violated. A package of basic human rights is proposed in
documents such as the UN Universal Declaration of Human
Rights (1948) and the Helsinki Accords (1975). Violations of
human rights may not (yet) be subject to legal sanction, but
instead are more like (putative) moral norms: People who violate
them are subject to our praise and blame, our disrespect.
 What Are ‘Rights’?

2. Rights imply correlative duties E.g., My right to freedom

from physical harm imposes on others a duty not to
physically harm me; My right to free speech imposes on
others a duty not to prevent me from speaking; My property
right in X imposes a duty on others not to trespass upon or
interfere with my use and enjoyment of X.
 Negative vs. Positive Rights

• Negative Rights: Freedom from interference; an entitlement to

be left alone. (E.g., freedom of expression, privacy rights)

• Positive Rights: Freedom to do or to attain something; an

entitlement that somebody else do something for/to you.
(E.g., the right to an education, the right to medical care)
 Rights and the ‘Social Contract’

The rights-based approach to moral and political theory has its roots in the work of Thomas
Hobbes (1588-1679), John Locke (1632-1704) and Jean-Jacques Rousseau (1712-78).

Each of these philosophers are among the founders of the social contract (‘contractarian’)
tradition.

This tradition understands the political authority to create and enforce laws and, by
extension, the force of moral norms, to be grounded in an explanatory fiction called the 'social
contract’
 Social Contract

The social contract is a tacit agreement among individuals to give up some

degree of the absolute liberty that they possessed in the state of nature, provided
others do so as well, in exchange for something (more) valuable: In the political
case: A system of legal rights guaranteed (and enforced) by the state. In the
general, social case: A system of moral norms, mutually enforced by everyone.
 Rawls’s Theory of Justice

John Rawls's (1921-2002) theory follows the social contract tradition and
develops a contractarian view of justice in which principles of justice are the
output of a special sort of social contract.

Justice, according to Rawls, is the solution to a problem:

People (notoriously) disagree about values (i.e., about the nature of the good
life and about how benefits and burdens of social cooperation ought to be
distributed), yet they have an interest in securing the benefits of cooperation…
 Outline of Rawls’s Theory

Recall yet again the expression “the priority of the right to good.”

We may strongly disagree about what is good (you think that modesty is
good, I think that sensual pleasure is good; you want ecstasy, I want
sobriety), but we may at least be able to agree on some minimal account of
what is right.

Society, on Rawls’s view, is a cooperative venture between free and

equal persons for their mutual advantage; cooperation makes life better
(recall Hobbes) because it increases the stock of primary goods…
 Rawls's Principles of Justice
• The First Principle (The ‘Liberty’ Principle) Each person has an equal right to the most
extensive scheme of equal basic liberties compatible with a similar system of equal liberty for
all.

• The Second Principle Social and economic inequalities are to be arranged so that they
are both: a) to the greatest expected benefit of the least advantaged (the “Difference
Principle”) and b) attached to offices and positions open to all under conditions of fair equality
of opportunity.

• Priority Rule The two principles are in ‘lexical’ order. The first principle has priority over the
second, so that all citizens are assured the equal basic liberties; similarly, part (b) of the
second principle has priority over part (a), so that the conditions of fair equality of opportunity
are guaranteed for everyone.
 Rights Based Ethics System:
Examples
• The right to life
• The right to liberty
• The right to pursue happiness
• The right to a jury trial
• The right to a lawyer
• The right to freely practice a religion of choice
• The right to express ideas or opinions with freedom as an individual
• The right of individuals or organizations to express opinions or share
information freely in written medium
• The right to come together and meet in order to achieve goals
• The right to be informed of what law has been broken if arrested
• The right to call witnesses to speak on one's behalf if accused of a crime
• The right of a person to be treated with respect and dignity even
after being found guilty of a crime
• The right to freely live and travel within the country
• The right to work The right to marry The right to bear children
• The right to free education
• The right to join any peaceful parties or groups of choice
• The right to be free from slavery
• The right to not be tortured
• The right to be treated as equal to others
• The right to be considered to be innocent until proven guilty
• The right to personal privacy
• The right to own property
 Contract And
Specifications
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 DEFINITION OF CONTRACTS
"A contract is an agreement
enforceable at law between two
or more persons, by which
rights are acquired by one or
more to acts or for- bearances
on the part of the other or
others."
Classification of contract

Contracts can be
classified into five
broad divisions namely
1.The method of formation of a
contract
2.The time of performance of
contract
3.The parties of the contract
4.The method of formalities of the
contract
5. The method of legality of the
contract
 1. The method of formation of a
contract

Under the method of formation of a contract

may be three kinds:

• Ø Express contract
• Ø Implied contract
• Ø Quasi contract
 Express contract:
• Express contract is one which
expressed in words spoken or
written. When such a contract is
formal, there is no difficulty in
understanding the rights and
obligations of the parties.
 Implied contract:
• The condition of an implied
contract is to be understood
form the acts, the contract of
the parties or the course of
dealing between them.
 Quasi contract:
• There are certain dealings
which are not contracts strictly,
though the parties act as if there
is a contract. The contract Act
specifies the various situations
which come within what is called
Quasi contract.
 2.The time of performance of contract

Under the method of the time

of performance of contract
may be two kinds:
• Ø Executed Contract
• Ø Executory Contract
 Executed Contract:
• There are contracts where
the parties perform their
obligations immediately, as
soon as the contract is
formed.
 Executory Contract:
In this contract the obligations
of the parties are to be
performed at a later time.
 3. The parties of the contract

Under the method of the parties of the

contract may be two kinds:
Ø Bilateral Contract
Ø Unilateral Contract
 Bilateral Contract:
There must be at last two parties
to the contract. Therefore all
contracts are bilateral or
multilateral.
 Unilateral Contract:
In certain contracts one party has to fulfill
his obligations where as the other party
has already performed his obligations.
Such a contract is called unilateral
contract.
 4. The method of formalities of the contract

Under the method of the method of

formalities of the contract may be two
kinds
Ø Formal contract
Ø Informal contract
 Formal contract:
A formal contract is a contract
which is formatted by satisfied all
the essentials formalities of a
contract.
 Informal contract:
An informal contract is a contract
which is failed to satisfy all or any
of the essentials formalities of a
contract.
5.The method of legality of the contract

Under the method of the method of legality

of the contract may be five kinds:
• Valid Contract
• Void Agreement
• Void able Contract
• Unenforceable Agreement
• Illegal Agreement
 Valid Contract:
An agreement which satisfied all
the essential of a contract and
which is enforceable through the
court is called valid contract.
 Void Agreement:
An agreement which is failed to satisfied
all or any of the essential element of a
contract and which is not enforceable by
the court is called void agreement. An
agreement not enforceable by law is said
to be void. A void agreement has no legal
fact. It confers no right on any person and
created no obligation.
 Unenforceable Agreement:
An Unenforceable Agreement is
one which cannot be enforcing in a
court for its technical and formal
defect.
 Illegal Agreement:
An illegal agreement is one which is
against a law enforcing in Bangladesh.
• Example: An agreement to compiled
madder.
PREPERATION OF SPECIFICATIONS
Importance

The preparation of proper specifications necessary for

a clear understanding of the nature of machinery, sup-
plies, or material to be furnished or work to be done
under a contract, is as essential for such work as the
plans for the same. Each is ex- planatory of the other,
each often incomplete without the other, and unless each
is carefully and properly prepared, many disputes and
mis- understandings are apt to arise, frequently resulting
in expensive liti- gation.
 A specification is not the place to show the extent of the
engineer's knowledge, but it is the place to show how
clearly and exactly he can describe the essential and
practicable limits of the qualities of work and material
needed for the end in view, how well he can protect his
client by definite and proper requirements, and how fair
and just he will be in his treatment of contractors.
Use of English

The language used should be clear, accurate, and

exact. The technical terms or vernacular common to the
trade to which the specifications apply, may be used, but
they must be understood and used correctly. When used
they must be defined or be used in the sense which they
have acquired through common or local usage, the basis
on which they will be legally interpreted.
Clearness

Clearness in all details, both in plans and specifications, is a

protection both to the owner and to the con- tractor, as in one
case the contractor is unable to do improper work or avoid the
execution of essential features, and on the other hand he is
enabled to understand exactly what is desired by the engineer,
and can regulate his bid in accordance therewith, without the
addition of a percentage to cover uncertain work which he may
be obliged to do but which is not clearly specified.
 Specifications not only describe the character of the
work but also serve as the instructions to
superintendents and inspectors as, to what
requirements they are bound to enforce. It is therefore
desirable that the specifications should be susceptible
of a literal interpretation not only for a clear
understanding between the two parties to the contract
but also that the inspectors or superintendents in
charge of the work shall know what requirements to
impose.
Brevity

While it is important that every element of the

contract shall be clearly, completely and exactly
described, it is also important and essential for
clearness that such description shall be as brief as
is consistent with a complete and exact description.
 A specification is not a treatise on the subject under
consideration, and should not be used to impress the
client or contractor with the profundity of the engineer's
knowledge of the subject. Only those characteristics or
features should be specified which are essential in order
to secure the results desired. Any paragraph, sentence,
or word which can be omitted without material effect on
the complete under- standing of the subject should be
omitted.
Indefinite Specifications

Carelessness and ignorance of the detailed

requirements, which should be included, often lead to in-
definite specifications. Such specifications are also
sometimes inserted with dishonest or vicious intent. There
is often a temptation to write such specifications rather
than to take the trouble to consider and to determine the
necessary requirements, at the time the specifications are
being prepared.
 Such uncertainties may be and sometimes are
used for the purpose of dishonest favoritism. Such
uncertainties are manifestly unsatisfactory and unfair,
not only to the contractor but to the client of the
engineer as well, for they almost always add
unnecessary expense. It is only through ignorance,
carelessness or dishonesty that specifications are left
so indefinite that the contractor can not know exactly
what is expected and required, or those which are
unnecessary or undesirable are included.
Indeterminate Specifications

When the amount of material or work to be done under

a contract is expected to be small, it is customary with
some engineers to cover the same with only a brief clause
in which the work done and material furnished are to be
"as the engineer shall direct." This practice is less
objectionable when only a limited quantity of such work or
material is to be furnished, but as in most cases there is
an uncertainty as to the amount, the practice seems
entirely inexcusable.
Ambiguous Specifications

Unnecessary or unreasonable requirements are always

ambiguous and are uncertain as to what is actually desired, and
what will actually be required by the engineer. Under such
conditions, responsible contractors will add materially to the
price for the work done under such specifications. Not only does
this unnecessarily increase the cost of the work, but such
specifications also brand their maker as ignorant of the practical
requirements of the work, and are a notice to unscrupulous
parties .that the writer of the specifications is one who may
perhaps be manipulated or bluffed into reasonable requirements,
or even to extremes in the other direction.
Arbitrary Specifications

While it is necessary for the engineer to be able to exercise such

control over the work as will enable him to secure its proper
performance and completion, it is unwise and unsafe for him to
endeavor to exercise unnecessary and arbitrary control over any
part of the work. If the contractor is to be held responsible for the
work, or for the results obtained, or as to time of completion, safety
to the public, etc. he must not be relieved of responsibility through
arbitrary specifications, by means of which the prerogatives of
management may be usurped by the engineer.
Unfair Specifications.

Occasionally in specifications it would seem the purpose of their writer

is not only to protect his client in every legal way but also to hamper the
contractor by unfair and un- called for restrictions. Such restrictions can
result only in unnecessary expense as they must of necessity limit
competition, make the contracting parties doubtful of the good faith of
the party preparing the specifications, and suspicious of the treatment
which he will actually receive should he be awarded the contract for the
work. Such clauses should be eliminated entirely as they have no place
in the contract. It is, and should be, the purpose of every attorney or
engineer who may be preparing a contract to see that his client is
entirely and fully protected, but anything beyond this can give only
unsatisfactory results.
Specifications for Criticism.

The student should con- sider one or more of the

following specifications, and both criticize the
specification as written and rewrite the specification so
as to assure proper results or to express the meaning
(which should have been ex- pressed) in clear and
unequivocal language. The student should examine
critically each specification to see wherein it is obscure,
verbose, indefinite, indeterminate, ambiguous, arbitrary
or unfair.
 TECHNICAL
SPECIFICATIONS
Detailed Information Needed.

In the preparation of technical specifications, it is essential that the

engineer should possess a comprehensive and detailed knowledge of:

First. The qualities and characteristics of the various materials to be used

and the practicable limits to which the qualities necessary for the work in
question should be restricted.

Second. The usual and practicable methods of performing the work to be

done in such a manner that it will be completed without unnecessary
expense and in a manner satisfactory for the purpose which it is to fulfill.
Third. The, ability to designate in detail the composition or elements of
the material or processes and the methods to be used for their proper
production and utilization or the ability to design in de- tail the
structure, machine or plant contemplated.

Fourth. A knowledge of the methods ordinarily employed by the

mechanics or operatives in the manfacture of the product or machine
and in the construction and operation or maintenance of the plant or
structure.

Fifth. The experience which will foresee the necessary materials and
methods to be employed, difficulties to be overcome, and
contingencies to be met in the work.
Outline.

The detailed requirements of the specifications for

even a single fundamental material or process are
seldom so simple that they can be kept clearly in mind
for the purpose of specification writing without danger of
serious omissions. In the preparation of specifications for
engineering and architectural works, the materials are so
many, the processes so numerous, and the various parts
and divisions are so manifoid that some material,
process or part is apt to be overlooked and omitted
unless special precautions are observed.
Simple Specifications.

In the performance of the simpler forms of labor, and in the

purchase of the simpler materials or supplies, and even of simpler
and smaller machines which have become standard, the necessary
specifications are often of the simplest kind. Simple specifications
may require only a plain and exact statement of the conditions that
exist and the general nature of the machine or structure required to
satisfy those conditions. Such specifications require no elaborate
special knowledge in their preparation, but such knowledge may be
required when bids are received in order that an intelligent choice
may be made as to the manner and method in which they will be
best fulfilled.
Detailed Specifications.

As a design becomes more elaborate and the individual

parts of a structure become more numerous or complicated,
it becomes more and more essential that the specifications
shall be complete and that the materials and method of
construction of each part shall be described in detail, for
with increased complications in design greater uncertainties
arise as to the materials and methods of construction which
must be used. The specifications are intended to fix these
details beyond question, and to confine the character of the
materials, workmanship, and design within necessary limits.
Modifications of Requirements.

In the preparation of specifications, especially for

public work, it is important that provisions should be
made for such modifications in the methods which are
to be pursued and the materials that are to be used as
are likely to be required, as any modification by the
engineer in the strict requirements of the specifications
are adapt to subject him to severe although possibly
unwarranted criticism.
Responsibility.

The more general the specifications, the greater the degree

of responsibility which the contractor should be required to
accept. As the details are defined by the specifications, the
contractor's responsibility must of necessity decrease, for
neither morally nor legally can a man be held responsible
for results which are entirely beyond his control.
In fixing responsibility by means of tests and guarantees,
the item of the expense involved must be carefully noted,
for, especially in smaller contracts, such requirements
sometimes involve a considerable extra expense.
Definite Requirements.

In the preparation of specifications for materials, processes,

machinery or works with which the engineer is more or less
unfamiliar, there is always a tendency to cover ignorance by
indefinite requirements.
Indefinite specifications should, wherever possible, be
carefully excluded from all specifications, and from machinery
specifications in particular. If it is essential to specify limiting
stresses in machine parts, then the limits should be specified
in exact language, and they should not be specified to be
“sample" or "sufficient."
Standard Specifications.

Various technical societies and associations have from time to

time adopted "standard specifications" for certain materials,
processes and structures. In general, such specifications have
received the careful consideration of experts who have had
much experience in the manufacture and use of the material and
are the result of a very free and full discussion of the various
practicable requirements of such manufacture and use. When
such specifications are available for a material to be used in
construction, their adoption by the engineer seems to be
desirable unless the peculiar conditions of the case in hand
make changes in the requirements essential.
 The standard specification and its equipments are
usually widely known to manufacturers and contractors,
and the cost of the material, as subject to such
specification, is readily determined. Requirements more
severe or radically different from a well established
standard may seriously affect and render uncertain the
prices which may be demanded.
 SPECIFICATIONS FOR
FUNDAMENTAL
MATERIAL AND SUPPLIES
Fundamental Elements of Specifications.

Fundamental materials and processes are first

introduced in the discussion of specifications not on
account of their simplicity but because engineering or
architectural work is made up of a series of such
elements, and proper specifications of fundamental
materials, supplies and processes, united together in a
complete and consistent whole, will constitute a correct
description of the technical requirements.
Practical Limitations of Specifications.

The possibility of an intelligent specification

depends on the existence of a certain amount of
definite knowledge which can be clearly outlined,
covering the composition or character of material,
the methods of construction or manufacture, or
certain test results which are to be obtained and
which will actually indicate the character of the
material. In the early development of any material,
machine, structure or process an attempt is made to
accomplish certain results in a certain way.
ETHICAL ISSUES AND CASE STUDIES
 ETHICAL ISSUES

A problem or situation that requires a

person or organization to choose between
alternatives that must be evaluated as right
(ethical) or wrong (unethical).
 ETHICAL ISSUES FACED BY ENGINEERS

 Bribery and Fraud

 Public Safety
 Environmental Protection
 Conflicts
 Moral Dilemmas
 Seven Dangers to Human Virtues
1. Wealth without work.
2. Pleasure without conscience.
3. Knowledge without character.
4. Business without ethics.
5. Science without humanity.
6. Religion without sacrifice.
7. Politics without principle.
 BRIBERY AND FRAUD
 Bribery is the offering, promising, giving,
requesting or accepting of a financial or other
advantage with the intention to induce or reward
improper performance.

 Fraud is an act or omission made with the intent of

making financial or property gain (or causing
financial or property loss).
 PUBLIC SAFETY
 Public Safety refers to the welfare and protection
of the general public.

 Public Safety facilities are among the most

challenging types in the construction industry -
requiring strict tracking of materials and constant
inventory checks.
 ENVIRONMENTAL PROTECTION
 Getting from one place to another is something
that affects every person every day of their lives.
Mechanical Engineers work to move us and our
goods quickly and more efficiently. In addition, the
effect that transportation, and other factors, have
on environment is something that concern us all.
 CONFLICTS
 The word "conflict" normally carries a negative
connotation, but it is important to productivity and growth
in many organizations. When conflict is poorly managed
or gets personal, however, it causes stressful work
relationships and leads to poor organizational morale.
 One method for resolving conflict if you do enter in to it,
is adapted from the Thomas-Kilmann Conflict Mode
Instrument.
FIVE CONFLICT RESOLUTION STRATEGIES
According to Thomas-Kilmann Conflict Mode
Instrument
 Avoiding (“You lose, I lose” outcome)
 Accomodating (“You win, I lose” outcome)
 Competing (“You lose, I win” outcome)
 Collaborating (“You win, I win” outcome)
 Compromising (“Neither win nor lose” outcome)
 MORAL DILEMMAS
 A conflict in which you have to choose
between two or more actions and have moral
reasons for choosing each action.
 STEPS IN FACING MORAL DILEMMAS
 Identify the Problem
 Identify the Potential Issues
 Evaluate potential courses of action
 Obtain consultation
 Determine the best course of action
 CASE STUDY
 Case studies in Mechanical Engineering provides
real life examples of the application of engineering
fundamentals, they relate to real equipment, real
people and real decisions. They influence careers,
projects, companies and governments. The cases
serve as supplements to fundamental courses in
thermodynamics, fluid mechanics, heat transfer,
instrumentation, economics and statistics.
• Reviewing case studies in engineering ethics is
another excellent way to keep ethical thinking
on the front burner. One comprehensive source
includes a detailed taxonomy of case studies
relevant to engineering, along with dozens of
studies ranging from the infamous (Chernobyl)
to the seemingly innocuous (cheating at golf)
that allow engineers to reflect on and discuss
how individual ethical choices influence
outcomes.
 Case Study on Mechanical Engineering
Design Services
 The Customer
A leading US-based company in the international
food display products industry was on the lookout for
a vendor who could provide mechanical design
services and also manage the customization process
of their products for their different clients in other
countries.
• Besides, the vendor was also required to re-
design products for manufacturing and create
drawings for prototyping. The customer
wanted the design services delivered at a very
fast pace because the customer faced an
increase in sales.
 The Challenge
• Experienced engineers were required to provide accurate
design solutions within a quick turnaround time. To
ensure that the deliveries were flawless, Flatworld's
engineers would have to learn more about the customer's
manufacturing equipment and understand the process
thoroughly. However, being an offshore team of
engineers, they could not physically see and understand
the customer's manufacturing equipment and process. At
the same time, they also had to ensure that prototyping
iterations were minimized.
 The Solution
• The Flatworld team of trained engineers learnt and
understood the customer's manufacturing process
through the guidelines for design and manufacturing sent
across by the customer. Technology came to the team's
rescue in the form of tele-conferences, emails and web-
conferences. This enabled the team to completely
understand the systems, processes and the functionality
of the product.
 The Solution
• To make the delivery mechanism robust,
Flatworld's team of engineers introduced various
quality checks within the process to keep a check
on defects. Product training was imparted via the
Internet through a secure gateway. Besides, a
continuous monitoring of quality was carried out by
using computerized programs.
 The Results
• Flatworld Solutions' team of experienced engineers
successfully executed ten projects within ten
months. Initially, innumerable iterations and quality
checks were done to arrive at the right design.
Over a period of time, the customer agreed that the
first stage of every delivery would have iterations
and quality checks. This resulted in achieving an
accuracy rate of almost 99%.
THANK YOU!