1. The greatest problem of law in engg is of ‘minimal compliance’. Engineers and employers can search for loop holes in the law to barely keep to its letter while violating its spirit. Engineers will tend to refer to standard readymade specifications rather than come up with innovative ideas. Minimal compliance led to the tragedy of the ‘Titanic’. 2. Continually updating laws and regulations may be counter-productive and will make law always lag behind technology. This also overburdens the rules and regulators. 3. Many laws are ‘non-laws’ i.e. laws without enforceable sanctions. These merely serve as window dressing, frequently gives a false sense of security to the public. 4. The opponents of the law may burden it intentionally with many unreasonable provisions that a repeal will not be far off. 5. Highly powerful organizations, like the government can violate the laws when they think they can get away with it by inviting would be challengers, to face them in lengthy and costly court proceedings. This also creates frustration with the law.
1. Codes are restricted to general and vague wording. They cannot be straightaway applied to all situations. It is impossible to foresee the full range of moral problems that can arise in a complex profession like engg. 2. It is easy for different clauses of codes to come into conflict with each other. Usually codes provide no guidance as to which clause should have priority in those cases, creating moral dilemmas. 3. They cannot serve as the final moral authority for professional conduct. If the code of a professional society is taken as the last word, it means that we are getting into a particular set of conventions i.e. ethical conventionalism. 4. Andrew Oldenquist and Edward Slowter pointed out how the existence of separate codes for different professional societies can give members the feeling that ethical conduct is more relative than it is and that it can convey to the public the view that none is ‘really right’. The current codes are by no means perfect but are definitely steps in the right direction.
The perspective of engg as social experimentation clearly emphasizes the primary role ‘supportive function’ of the codes of ethics. This is so because, only this support enables engineers, speak out clearly and openly their views, to those affected by engg projects. The, ‘inspiration and guidance’ and ‘educative’ functions are also important in promoting mutual understanding and in motivating engineers to act with higher moral standards. The ‘disciplinary’ function in engg codes is of secondary importance. Those with unethical conduct when exposed are subject to law. Developing elaborate paralegal procedures within professional societies duplicates a function which can be done better by legal system. At best, codes should try to discipline engineers in areas which are not covered by law. The worst abuse of codes has been to restrict honest moral effort in the name of ‘preserving profession’s public mage’ and ‘protecting status quo’. The best way to increase trust is by encouraging and aiding engineers to speak freely and responsibly about public safety.
1. Inspiration and Guidance: Codes provide positive stimulus for ethical conduct and helpful guidance by using positive language. Codes should be brief to be effective and hence such codes offer only general guidance. Supplementary statements or guidelines to give specific directions are added by a number of societies or professional bodies. 2. Support: Codes give positive support to those seeking to act ethically. An engineer under pressure to act unethically can use one of the publicly proclaimed codes to get support for his stand on specific moral issues. Codes also serve as legal support for engineers. 3. Deterrence and discipline: Codes can be used as a basis for conducting investigations on unethical conduct. They also provide a deterrent for engineers to act immorally. Engineers who are punished by professional societies for proven unethical behaviour by revoking the rights to practice as engineers are also subjected to public ridicule and loss of respect from colleagues and local community. This helps to produce ethical conduct even though this can be viewed as a negative way of motivation. 4.…
Engineering Codes of Ethics have evolved over time EARLY CODES • Codes of personal behavior • Codes for honesty in business dealings and fair business practices • Employee/employer relations NEWER CODES • Emphasize commitments to safety, public health and environmental protection • Express the rights, duties and obligations of members of the Profession • Do not express new ethical principles, but coherently restate existing standards of responsible engineering practice • Create an environment within the Profession where ethical behavior is the norm • Not legally binding; an engineer cannot be arrested for violating an ethical code (but may be expelled from or censured by the engineering society) Are Engineering Codes Needed? NO: – Engineers are capable of fending for themselves…
People are morally autonomous when their moral conduct and principles of action are their own. Moral beliefs and attitudes must be a critical reflection and not a passive adoption of the particular conventions of one’s society, religion or profession. Moral beliefs and attitudes cannot be agreed to formally and adhered to merely verbally. They must be integrated into the core of one’s personality and should lead to committed action. It is wrong to think that as an employee when one performs ‘acts’ serving company’s interests, one is no longer morally and personally identified with one’s actions. Viewing engg as a social experimentation helps to overcome this flawed thought and restores a sense of autonomous participation in one’s work. As an experimenter, an engineer is exercising the specialized training that forms the core of one’s identity as a professional. A social experiment that can result in unknown consequences should help inspire a critical and questioning attitude about the adequacy of current economic and safety standards. In turn, this leads to better personal involvement with work.
Conscientiousness is blind without relevant factual information. Moral concern involves a commitment to obtain and assess all available pertinent information. Another dimension to factual information is the consequences of what one does. While regarding engg as social experimentation points out the importance of context, it also urges the engineer to view his or her specialized activities in a project as part of a larger whole having a social impact that may involve a variety of unintended effects. It may be better to practice ‘defensive engg’ (Chauncy Starr) or ‘preventive engg’ (Ruth Davis).
Conscientious moral commitment means sensitivity to the full range of relevant moral values. Sensitivity to responsibilities that is relevant. Willingness to develop the skill and expend the effort needed to reach the best balance possible among these considerations. Conscientiousness means consciousness because mere intent is not sufficient. Conceiving engineering as social experimentation restores the vision of engineers as guardians of the public interest in that they are duty bound to guard the welfare and safety of those affected by engg projects.