Transcript The Case of the Dirty, Rotten Windows

The Case of the Dirty, Rotten Windows
• Clancy Martin, PhD
– Assistant Professor of Philosophy
• Wayne Vaught, PhD
– Associate Professor of Philosophy and Medicine
• Professors Martin and Vaught teach courses in ethics for
the College of Arts and Sciences, the Bloch School of
Business (Martin) and the School of Medicine (Vaught) at
UMKC. They worked together to create the Center for
Applied and Professional Ethics at UMKC and appear
monthly on the Walt Bodine Show (for UMKC’s local NPR
station) as the Ethics Professors.
 Central Characters
 Ken: Director of Facilities
 Chris: Administrative Assistant, Facilities
 Gwen: Chief Financial Officer
 You: Financial Officer
• Midwestern University is an old, large, land-grant
institution.
• The director of facilities is preparing to hire
contractors to replace deteriorating wooden windows
and flooring in several older academic buildings.
• The Chief Financial Officer is good friends with a local
general contractor (W. R. Best Construction) and has
asked the Director of Facilities to throw business
toward the contractor for large projects.
 W.R. Best has been contracting with Midwestern
University for several years.
 To ensure that W.R. Best receives the job, the director
of facilities has on several occasions asked Chris fax a
list of specs to W.R. Best.
 In the “open bidding” process, W.R. Best submits their
bid with specs that ensure they receive the bid.
• Honesty/Transparency
– Is the director of facilities engaging in dishonest
business practices?
• Loyalty
– W.R. Best long relationship with Midwestern
– They have consistently performed well
• Conflicts of Interest
– Is the relationship between Gwen and W.R. Best
inappropriate?
– Should she avoid making endorsements of contractors?
– Is there ever a justification for nepotism?
Morality and Ethics
Morality
stems from latin:
mores
means character,
custom, habit
frequently used in
reference to shared
beliefs about the
norms of right and
wrong.
Ethics
stems from greek:
ethos
means character
frequently used in
reference to the
systematic study of
moral values and
beliefs.
Sources of Moral Reasoning
• Religion
– Reflects the basic tenants of religious faith.
• Culture/Community
– Reflects commonly shared moral values
• Codes of Professional Conduct
– Reflects guidelines for professional conduct.
• Moral Theory
– Basic Ethical Theories and Principles
Basic Ethical Theories
• Utilitarianism
– Greatest good for Greatest Number
• Deontology
– Good defined in terms of moral duties
• Virtue theory
– Emphasis on moral character
• Ethics of Care
– Emphasis on preserving relationships
Consequentialist/Utilitarianism
• Bentham/Mill
• Emphasis is on the consequences of an action
• Primacy given to maximizing
pleasure/minimizing pain
• Greatest good for the greatest number
• Act v. Rule Utilitarianism
 Immanuel Kant
 Emphasis on Moral Duty/Obligation
 Good Will: Only thing good without qualification
 Categorical Imperative: Rational Direction of the
Good Will
 Principle of Universal Legislation
 An individual must ask if a general rule can be derived
such that every person similarly situation would be
compelled to do the act in question.
 Treat others as ends, not as means only.
Kant and Mill Contrasted
Mill
good defined in
terms of pleasures
and pains
seeks to maximize
greatest good for
greatest number
Utilitarian Calculus
Kant
good defined in
terms of one’s moral
duties
seeks to follow
universal moral
principles
Categorical
Imperative
 Aristotle
 Emphasis on Moral Character
 Teleological Orientation
 Golden Mean
Virtue Theory
• Aristotle
– Teleological in Orientation
To understand good, one must understand purpose
– Golden Mean
• Alasdair MacIntyre
– A virtue is an acquired human quality the possession
and exercise of which tends to enable us to achieve
those goods which are internal to practices and the lack
of which effectively prevents us from achieving any
such good.
Understanding Virtues
Aristotelian Virtue
– Golden Mean
For Aristotle, a virtues are character traits that
represent a median point between two vices, which
are the extremes of the virtue in question.
– Virtue of Courage
Courage is a virtue as it represents behavior at a
median between the vices of cowardliness and
foolhardiness.
Examples of Courage
Firefighters and Police Officers
– Success in such fields as law enforcement and
firefighting require courage.
Cowardly behavior: Abandoning post.
Foolhardy behavior: Rash behavior- running into a
burning building without proper equipment or
assessment of situation. Places others at risk.
Courageous behavior: Facing danger while following
protocol, following safety regulations.
 Honesty
 Integrity
 Courage
 Impartiality
Ethical Considerations
• Honesty/Transparency
– Is the director of facilities engaging in dishonest
business practices?
• Loyalty
– W.R. Best long relationship with Midwestern
– They have consistently performed well
• Conflicts of Interest
– Is the relationship between Gwen and W.R. Best
inappropriate?
– Should she avoid making endorsements of contractors?
– Is there ever a justification for nepotism?
• Ensure Objectivity in Bidding Process.
– Openness/Transparency
• Integrity
• Personal Responsibility
• Authenticity
 You and Chris (Administrative Assistant in Facilities)
are good friends.
 As the financial officer in charge of accounts for
Facilities, you notice that W.R. Best often receives the
bid for large projects.
 In a conversation with Chris, she tells you about faxing
specs to W.R. Best before the bidding process.
 Having attended an ethics lecture at a national
meeting for financial officers, you come to the
conclusion that such practices are morally dubious.
 You contact the director of Facilities to relay your
concerns.
 You suggest that they refrain from such practices in the
future.
 This is the way we have conducted business with W.R.




Best for some time.
We have never had a problem with this before.
I trust W.R. Best to do a good job and his prices are fair.
He is friends with the CFO.
This isn’t any of your concern.
 After some consideration, you feel uncomfortable with
the practice and feel you should do something further.
 You make an appointment to speak with the CFO.
 The CFO says that this is an issue best handled by the
Director of Facilities.
 You need to see yourself as a team player.
 You are having drinks with a friend outside the
university after work.
 You explain the conflict you are having over the
bidding process.
 Your friend things this is a good story, and has a friend
who is a reporter.
 One afternoon, a reporter contacts you and asks about
the practice of open bidding for contractors at
Midwestern University.
 The reporter asks if you know of contractors receiving
privileged information to ensure that they receive the
job.
 What do you do?
 Several years have passed since the issue with the
reporter.
 You have since received a promotion.
 You learn that there will be several lay-offs due to
financial constraints but have been instructed not to
disclose the information.
 Your good friend Chris holds one of the positions that
will be lost.
 You could tell Chris the news to give her advance
warning so that she could begin searching for another
position.
 What would you do?