Transcript Ethics, Law, Morality and Public Policy

Ethics, Law, Morality
and Public Policy
Unit 2 Seminar
Ethics and Public Administration
Dr. David Thomason, Instructor
Michael Crichton- Jurassic
Park (1990)
 Dr. Ian Malcolm
“Your scientists were so preoccupied
with whether or not they could, they
didn't stop to think if they should.”
Ethics from Textbook
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Ethics refers to well-based standards of right and wrong that prescribe
what humans ought to do, usually in terms of duties, principles,
specific virtues, or benefits to society.
This definition identifies four dimensions or sources of ethics; one based
on
the nature of public service and three based on the philosophical
perspectives to ethics. They are:
1. Duties: the behaviors expected of persons who occupy certain roles;
i.e., the obligations taken on when assuming a role or profession
2. Virtues: qualities that define what a good person is; moral excellence
3. Principles: fundamental truths that form the basis for behavior;“kinds of
action that are right or obligatory” (Frankena 1963, 49)
4. Benefits to society: actions that produce the greatest good for the
greatest number
Defining Ethics
 Ethical: “in accordance with the accepted
principles of right and wrong governing
the conduct of a group/organization, or
the rules or standards governing the
conduct of the members of a profession”
(Textbook)
Defining Morality
 Moral: “of or pertaining to human
character or behaviour considered as
good or bad; of or pertaining to the
distinction between right and wrong, or
good and evil.”
Defining Legal
 Legal: “falling within the province of law; .
. . founded on or deriving authority from
law; permitted or not forbidden by law”
Morality vs. Ethics
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The relationship between morality, ethics, and law are somewhat problematic.
Phillip Cooper (1998, 76–79) points out that they can be at odds with
each other. He offers these points:
• What is immoral is not necessarily illegal; e.g., dishonesty is not illegal
except in particular instances.
• Some laws regulate behaviors that are not inherently immoral; e.g., driving
5 mph above the speed limit.
• Some laws violate ethical principles; e.g., legislating special benefits for
particular groups can violate the principle of fairness.
24 Chapter 2 Administrative Ethics: Ideas, Sources, and Development
• Finding ways in veterans administration hospitals to treat veterans for
Agent Orange disorders as service-connected disabilities was not
immoral although for an extended period it violated regulations.
• Relying on law to promote ethics does not necessarily promote ethical behavior.
Not breaking the rules does not mean that one is necessarily ethical.
When Ethics and Morality
Collide
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The relationship between morality, ethics, and law are somewhat problematic.
Phillip Cooper points out that they can be at odds with each other.
He offers these points:
 What is immoral is not necessarily illegal; e.g., dishonesty is not illegal
 except in particular instances.
 • Some laws regulate behaviors that are not inherently immoral; e.g., driving
 5 mph above the speed limit.
 • Some laws violate ethical principles; e.g., legislating special benefits for
 particular groups can violate the principle of fairness.
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Finding ways in veterans administration hospitals to treat veterans for Agent
Orange disorders as service-connected disabilities was not immoral although for
an extended period it violated regulations.
Relying on law to promote ethics does not necessarily promote ethical behavior.
Not breaking the rules does not mean that one is necessarily ethical.
Lawrence Kohlberg
Stages of Moral Development
 A woman was near death from a special kind of cancer. There was
one drug that the doctors thought might save her. It was a form of
radium that a druggist in the same town had recently discovered.
The drug was expensive to make, but the druggist was charging
ten times what the drug cost him to produce. He paid $200 for the
radium and charged $2,000 for a small dose of the drug. The sick
woman's husband, Heinz, went to everyone he knew to borrow the
money, but he could only get together about $ 1,000, which is half
of what it cost. He told the druggist that his wife was dying and
asked him to sell it cheaper or let him pay later. But the druggist
said, "No, I discovered the drug and I'm going to make money
from it." So Heinz got desperate and broke into the man's store to
steal the drug for his wife. Should Heinz have broken into the
laboratory to steal the drug for his wife? Why or why not?
Crime and Punishment- (1866 and after)
Fyodor Dostoevsky- Russian Novelist
 Main character breaks into the home of a
greedy pawnbroker, kills her, and uses
the money to aid those suffering in
extreme poverty in Russia. Oh, he also
accidentally kills a young girl.
 Crime-Punishment
Six Stages of Kohlberg’s
Theory of Moral
Development
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Stage one (obedience): Heinz should not steal the medicine because he will consequently be put in prison
which will mean he is a bad person. Or: Heinz should steal the medicine because it is only worth $200 and not
how much the druggist wanted for it; Heinz had even offered to pay for it and was not stealing anything else.
Stage two (self-interest): Heinz should steal the medicine because he will be much happier if he saves his wife,
even if he will have to serve a prison sentence. Or: Heinz should not steal the medicine because prison is an
awful place, and he would probably languish over a jail cell more than his wife's death.
Stage three (conformity): Heinz should steal the medicine because his wife expects it; he wants to be a good
husband. Or: Heinz should not steal the drug because stealing is bad and he is not a criminal; he tried to do
everything he could without breaking the law, you cannot blame him.
Stage four (law-and-order): Heinz should not steal the medicine because the law prohibits stealing, making it
illegal. Or: Heinz should steal the drug for his wife but also take the prescribed punishment for the crime as well
as paying the druggist what he is owed. Criminals cannot just run around without regard for the law; actions
have consequences.
Stage five (human rights): Heinz should steal the medicine because everyone has a right to choose life,
regardless of the law. Or: Heinz should not steal the medicine because the scientist has a right to fair
compensation. Even if his wife is sick, it does not make his actions right.
Stage six (universal human ethics): Heinz should steal the medicine, because saving a human life is a more
fundamental value than the property rights of another person. Or: Heinz should not steal the medicine, because
others may need the medicine just as badly, and their lives are equally significant.
The Moral DNA Test You
Took
 Hopefully everyone took the quiz for this
unit.
 Let’s talk about each of the categories
and then discuss the S-P-R breakdown.
 Social Conscience, Principles
Conscience, Rule Compliance
 Philosopher, Angel, Enforcer, Judge,
Teacher, Guardian
What do each of these
mean?
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Philosopher
Angel
Enforcer
Judge
Teacher
Guardian
Elements to the Moral
DNA
 Social Conscience
 Principled Conscience
 Rule Compliance
Roger Steare’s Book:
Ethicability- How to Do
What’s Right
 www.ethicability.org- I certainly am not
endorsing his program, but it is an
interesting thing that someone is billing
themselves as a Corporate Philosopher.
 http://www.citizensforethics.org/files/2009
1222%20-%20TopTenScandalsFinal.pdf
Interesting Group- CREW
 Citizens for Responsibility and Ethics in Washington (CREW) is a
nonprofit 501(c)(3) organization dedicated to promoting ethics and
accountability in government and public life by targeting
government officials -- regardless of party affiliation -- who
sacrifice the common good to special interests. CREW advances
its mission using a combination of research, litigation and media
outreach. CREW employs the law as a tool to force officials to act
ethically and lawfully and to bring unethical conduct to the public’s
attention through:
 Litigation
 Freedom of Information Act Requests
 Ethics Complaints
 Internal Revenue Service Complaints
 Federal Election Commission Complaints
 Requests for Investigations
CREW Actions
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Who We Are
CREW uses the legal system to restore public trust in government by
targeting corrupt and unethical government officials who sacrifice
the common good to special interests. CREW also uses litigation to
develop and promote government transparency.
Since its inception in 2003, CREW has played a key role in exposing the culture of
corruption in Washington and motivating the public and policymakers to change it.
CREW accomplishes this through:
• High impact legal actions including lawsuits, Freedom of Information Act requests,
ethics complaints, Federal Election Commission complaints, Internal Revenue
Service complaints, and Department of Justice complaints;
• Exhaustively investigated reports to educate the public and influence public
discourse and policy;
• Comprehensive communications strategy to maximize media coverage and
mobilize public support for reform; and
• Collaboration with organizations from across the political spectrum to foster an
open and accountable government.
History shows us that those who have power often abuse it. CREW serves as a check
on those in power, holding government officials accountable for their actions.
Do we need CREW?
 Why do we need an organization like
CREW?
 Shouldn’t public officials do the right
thing, and if they don’t do they right thing,
shouldn’t their be remedies in place to
correct their wrongdoing?
Last weeks Japanese
Company example compared
to the Police Donut Reading
 If administrators are to serve the public, it must
be clear that they are putting the public interest
over self-interest.
 What is the best course of action in that
example?
 Now, compare this to the police donut example
in the readings.
Unit 2 Discussion Board
 A mayor and a police department and union
that supported his candidacy.
 To what extent should a public official distance
him/her self from issues related directly to
interests that have elected them to office? Or
interests they may have personally (business
interests for example)
Paper Assignment- How Does
Ethics Effect Public Policy
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How does ethics impact policy?
You have spent this unit learning about what ethics is and why we need it.
Now, spend a little time thinking about how it will guide you in your work.
Write a short paper (1-2 pages) addressing the questions below. You will
submit this paper by the end of Unit 2.
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How do personal ethics factor into decision making when working
for a governmental or nonprofit organization?
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Why should a governmental or nonprofit organization have a written
code of ethics?
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How can conflicts between your personal ethics and your
organization’s code of ethics be resolved? Should one prevail over the
other, or can a balance be reached? If so, how?
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The ICMA and ASPA codes of ethics from your readings this week will
come in handy as you draft your response. Be sure to include examples
as appropriate and to credit your sources.