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Most discussions
of engineering ethics dismiss the idea of codes of ethics from
the outset. Codes are described as self-serving, unrealistic,
inconsistent, mere guides for novices, too vague, or
unnecessary.(1) I will not do that here. Instead, I will argue
that a code of professional ethics is central to advising
individual engineers how to conduct themselves, to judging
their conduct, and ultimately to understanding engineering as
a profession. I will begin with a case now commonly discussed
in engineering ethics, finding my general argument in a
detailed analysis of a particular choice. While I believe the
analysis to be applicable to all professions, I shall not
argue that here.
I. THE CHALLENGER
DISASTER(2)
On the night of
27 January 1986, Robert Lund was worried. The Space Center was
counting down for a shuttle launch the next morning. Lund,
vice-president for engineering at Morton Thiokol, had earlier
presided over a meeting of engineers that unanimously
recommended against the launch. He had concurred and informed
his boss, Jerald Mason. Mason informed the Space Center. Lund
had expected the flight to be postponed. The Center's safety
record was good. It was good because the Center would not
allow a launch unless the technical people approved.
Lund had not
approved. He had not approved because the temperature at the
launch site would be close to freezing at lift-off. The Space
Center was worried about the ice already forming in places on
the boosters, but Lund's worry was the "O-rings"
sealing the boosters' segments. They had been a great idea,
permitting Thiokol to build the huge rocket in Utah and ship
it in pieces to the Space Center two thousand miles away.
Building in Utah was so much more efficient than building
on-site that Thiokol had been able to underbid the
competition. The shuttle contract had earned Thiokol $150
million in profits.
But, as everyone
now knows, the O-rings were not perfect. Data from previous
flights indicated that the rings tended to erode in flight,
with the worst erosion occurring on the coldest preceding
lift-off. Experimental evidence was sketch but ominous.
Erosion seemed to increase as the rings lost their resiliency,
and resiliency decreased with temperature. At a certain
temperature, the rings could lose so much resiliency that one
could fail to seal properly. If a ring failed in flight, the
shuttle could explode.
Unfortunately,
almost no testing had been done below 40þ F. The engineers'
scarce
time had had to
be devoted to other problems, forcing them to extrapolate from
the little data they had. But, with the lives of seven
astronauts at stake, the decision seemed clear enough: Safety
first.
Or so it had
seemed earlier that day. Now Lund was not so sure. The Space
Center had been "surprised," even
"appalled," by the evidence on which the no-launch
recommendation had been based. They wanted to launch. They did
not say why, but they did not have to. The shuttle program was
increasingly falling behind its ambitious launch schedule.
Congress had been grumbling for some time. And if the launch
went as scheduled, the president would be able to announce the
first teacher in space as part of his State of the Union
message the following evening, very good publicity just when
the shuttle program needed some.
The Space Center
wanted to launch. But they would not launch without Thiokol's
approval. They urged Mason to reconsider. He reexamined the
evidence and decided the rings should hold at the expected
temperature. Joseph Kilminster, Thiokol's vice-president for
shuttle programs, was ready to sign a launch approval, but
only if Lund approved. Lund was now all that stood in the way
of launching.
Lund's first
response was to repeat his objections. But then Mason said
something that made him think again. Mason asked him to think
like a manager rather than an engineer. (The exact words seem
to have been, "Take off your engineering hat and put on
you management hat.") Lund did and changed his mind. The
next morning the shuttle exploded during lift-off, killing all
aboard. An O-ring had failed.
Should Lund have
reversed his decision and approved the launch? In retrospect,
of course, the answer is obvious: No. But most problems
concerning what we should do would hardly be problems at all
if we could foresee all the consequences of what we do.
Fairness to Lund requires us to ask whether he should have
approved the launch given only the information available to
him at the time. And since Lund seems to have reversed his
decision and approved the launch because he began to think
like a manager rather than an engineer, we need to consider
whether Lund, an engineer, should have been thinking like a
manager rather than an engineer. But, before we can consider
that, we need to know what the difference is between thinking
like a manager and thinking like an engineer.
One explanation
of the difference stresses technical knowledge. Managers, it
might be said, are trained to handle people; engineers, to
handle things. To think like a manager rather than an engineer
is to focus on people rather than on things. According to this
explanation, Lund was asked to concern himself primarily with
how best to handle his boss, the Space Center, and his own
engineers. He was to draw upon his knowledge of engineering
only as he might draw upon his knowledge of foreign language,
for example, to help him communicate with his engineers. He
was to act much as he would have acted had he never earned a
degree in engineering.
If that
explanation of what Mason was asking of Lund seems implausible
(as I think it does), what is the alternative? If Mason did
not mean that Lund should make his knowledge of engineering
peripheral (as it seems Mason, himself an engineer, did not
when he personally reexamined the evidence), what was he
asking Lund to do? What is it to think like an engineer if not
simply to use one's technical knowledge of things? That is a
question engineers have been asking for almost a century.
Answers have often been expressed in a formal code of ethics.
That may seem
odd. What business, it may be asked, do engineering societies
have promulgating codes of ethics? What could they be
thinking? Ethics is not a matter for majority vote but for
private conscience, or, if not for private conscience, then
for experts; and the experts in ethics are philosophers or
clergy, not engineers. Such thoughts make any connection
between engineering and ethics look dubious. So, before we can
say more about what Lund should have done, we have to
understand the connection.
II. THE POSSIBILITY OF
ENGINEERING ETHICS
A code of
(professional) ethics generally appears when an occupation
organizes itself into a profession. Usually, the code is put
in writing and formally adopted. Even when formalization is
put off, however, the code may still be a subject of frequent
reference, whether explicitly, as in "our code of
ethics," or implicitly, as in, "That would not be
proper for one of us."
Why this
connection between codes of (professional) ethics and
organized professions? Several explanations have been offered
over the years.(3) But, for our purposes, the most helpful is
that a code of ethics is primarily a convention between
professionals.(4) According to this explanation, a profession
is a group of persons who want to cooperate in serving the
same ideal better than they could if they did not cooperate.
Engineers, for example, might be thought to serve the ideal of
efficient design, construction, and maintenance of safe and
useful objects. A code of ethics would then prescribe how
professionals are to pursue their common ideal so that each
may do the best she can at minimal cost to herself and those
she cares about (including the public, if looking after the
public is part of what she cares about). The code is to
protect each professional from certain pressures (for example,
the pressure to cut corners to save money) by making it
reasonably likely (and more likely than otherwise) that most
other members of the profession will not take advantage of her
good conduct. A code protects members of a profession from
certain consequences of competition. A code is a solution to a
coordination problem.
According to
this explanation, an occupation does not need society's
recognition in order to be a profession. It needs only a
practice among its members of cooperation to serve a certain
ideal. Once an occupation has become a profession, society has
a reason to give it special privileges (for example, the sole
right to do certain work) if, but only if, society wants to
support serving the ideal in question in the way the
profession has chosen to serve it. Otherwise, it may leave the
profession unrecognized.
A profession, as
such, is like a union in that it is organized to serve the
interests of its members, and unlike a charity or government,
which is organized to serve someone else's interest. But
professions differ form unions in the interest they are
organized to serve. Unions are, like businesses, primarily
organizations of self-interest. They exist for the benefit of
their members, just as businesses exist for the profit of
their owners. A profession, in contrast, is organized to help
members serve others-according to a certain ideal expressed in
its code of ethics. In this sense, professions are organized
for public service. That, I think, is true by definition. But
it is not a mere semantic truth. When a group of individuals
constitute themselves as a "profession," they
explicitly invoke this way of understanding what they are up
to. They invite examination according to the standards proper
to such an undertaking. They give what they do a distinct
context.
Understanding a
code of (professional) ethics as a convention between
professionals, we can explain why engineers cannot depend on
mere private conscience when choosing how to practice their
profession, no matter how good that private conscience, and
why engineers should take into account what an organization of
engineers has to say about what engineers should do.(5) What
conscience would tell us to do absent a certain convention is
not necessarily what conscience would tell us given that
convention. Insofar as a code of professional ethics is a kind
of (morally permissible) convention, it provides a guide to
what engineers may reasonably expect of one another, what
(more or less) "the rules of the game" are. Just as
we must know the rules of baseball to know what to do with the
ball, so we must know engineering ethics to know, for example,
whether, as engineers, we should merely weigh safety against
the wishes of our employer or instead give safety preference
over those wishes.
A code of ethics
should also provide a guide to what we may expect other
members of our profession to help us do. If, for example, part
of being an engineer is putting safety first, then Lund's
engineers had a right to expect his support. When Lund's boss
asked him to think like a manager rather than an engineer, he
should, as an engineer, have responded,"Sorry, if you
wanted a vice-president who would think like a manager rather
than an engineer, you should not have hired an
engineer."(6)
If Lund had so
responded, he would, as we shall see, have responded as
"the rules of the engineering game" require. But
would he have done the right thing, not simply according to
those rules but all things considered? This is not an empty
question. Even games can be irrational or immoral. (Think, for
example, of a game in which you score points by cutting off
your fingers or by shooting people who happen to pass in the
street below.) People are not merely members of this or that
profession. They are also persons with responsibilities beyond
their professions, moral agents who cannot escape conscience,
criticism, blame, or punishment just by showing that they did
what they did because their profession required it. While we
have now explained why an engineer should, as an engineer,
take account of his profession's code of ethics, we have not
explained why anyone should be an engineer in this sense.
Let me put the
point more dramatically. Suppose Lund's boss had responded to
what we just imagined Lund to say to him: "Yes, we hired
an engineer, but-we supposed- an engineer with common sense,
one who understood just how much weight a rational person
gives a code of ethics in decisions of this kind. Be
reasonable. Your job and mine are on the line. The future of
Thiokol is also on the line. Safety counts a lot. But other
things do, too. If we block this launch, the Space Center will
start looking for someone more agreeable to supply
boosters."
If acting as
one's professional code requires is really justified, we
should be able to explain to Lund (and his boss) why, as a
rational person, Lund should support his profession's code as
a guide for all engineers and why, even in his trying
circumstances, he cannot justify treating himself as an
exception.
III. WHY OBEY ONE'S
PROFESSIONAL CODE?
The question now
is why, all things considered, an engineer should obey her
profession's code. We should begin by dismissing two
alternatives some people find plausible. One is that Lund
should do as his profession requires because he
"promised," for example, by joining an engineering
society having a code of ethics. We must dismiss this answer
because it is at least possible that Lund never did anything
we could plausibly characterize as promising to follow a
formal code. Lund could, for example, have refused to join any
professional society having a code (as perhaps half of all
U.S. engineers do). Yet, it seems such a refusal would not
excuse him from conducting himself as an engineer should. The
obligations of an engineer do not seem to rest on anything so
contingent as a promise, oath, or vow. So, the
"convention between professionals" (as I called it)
is not a contract. It is more like what lawyers call a
"quasi-contract" or a "contract implied in
law"; that is, an obligation resting not on an actual
agreement (whether express or tacit) but on what it is fair to
require of someone given what he has voluntarily done, such as
accepted the benefits that go with claiming to be an engineer.
The other
plausible alternative we can quickly dismiss is that Lund
should do as his profession requires because
"society" says he should. We may dismiss this answer
in part because it is not clear that society does say that.
One way society has of saying things is through law. No law
binds all engineers to abide by their profession's code (as
the law does bind all lawyers to abide by theirs).(7) Of
course, society has ways of saying things other than by law,
for example, by public opinion. But it seems doubtful that the
public knows enough about engineering to have an opinion on
most matters of engineering ethics. And even on the matter
before us, can we honestly say that society wants engineers to
do as their code requires (treat safety as paramount, as
explained below) rather than (as most people would) treat
safety as an important consideration to balance against
others?
However that
question is answered, it seems plain that neither public
opinion nor law should decide what it is rational or moral to
do. After all, there have been both irrational laws (for
example, those requiring the use of outmoded techniques) and
immoral laws (for example, those enforcing slavery). The
public opinion supporting such laws could not have been much
less irrational or immoral than the laws themselves.
The two answers
we have now dismissed share one notable feature. Either would,
if defensible, provide a reason to do as one's profession
requires quite independently of what in particular the
profession happens to require. The answers do not take account
of the contents of the code of ethics. They are formal. The
answers we shall now consider is not formal. It is that
supporting a code of ethics with a certain content is rational
because supporting any code with a content of that sort is
rational.
Consider, for
example, the code of ethics drafted by the Accreditation Board
of Engineering and Technology (ABET) and adopted by all major
American societies except the National Society of Professional
Engineers and the Institute of Electrical and Electronic
Engineers. The code is divided into "fundamental
principles," "fundamental canons," and (much
more detailed) "guidelines." The fundamental
principles simply describe in general terms an ideal of
service. Engineers "uphold and advance the integrity,
honor and dignity of the engineering profession by: I. using
their knowledge and skill for the enhancement of human
welfare, II. being honest and impartial, and serving with
fidelity the public, their employers and clients[and so
on]." What rational person could object to others' trying
to achieve that ideal? Or at least, what rational person could
object so long as their doing so did not interfere with what
she was doing? Surely every engineer-indeed, every member of
society-is likely to be better off overall if engineers uphold
and advance the integrity, honor, and dignity of engineering
in that way.
Below the
fundamental principles are the fundamental canons. The canons
lay down general duties. For example, engineers are required
to "hold paramount the safety, health and welfare of the
public," to "issue public statements only in an
objective and truthful manner," to "act in
professional matters for each employer or client as faithful
agents and trustees," and to "avoid all conflicts of
interest." Each engineer stands to benefit from these
requirements both as ordinary person and as engineer. The
benefits for an engineer as ordinary person are obvious: As an
ordinary person, an engineer is likely to be safer, healthier,
and otherwise better off if engineers generally hold paramount
the public safety, only make truthful public statements, and
so on. How engineers stand to benefit as engineers is less
obvious. So, let us try a thought experiment.
Imagine what
engineering would be like if engineers did not generally act
as the canons require. If, for example, engineers did not
generally hold paramount the safety, health, and welfare of
the public, what would it be like to be an engineer? The
day-to-day work would, of course, be much the same. But every
now and then an engineer could not object as an engineer. An
engineer could, of course, still object "personally"
and refuse to do the job. But if he did, he would risk being
replaced by an engineer who would not object. An employer or
client might rightly treat an engineer's personal qualms as a
disability, much like a tendency to make errors. The engineer
would be under tremendous pressure to keep "personal
opinions" to himself and get on with the job. His
interests as an engineer would conflict with his interests as
a person.
That, then, is
why each engineer can generally expect to benefit from other
engineers' acting as their common code requires. The benefits
are, I think, clearly substantial enough to explain how an
individual could rationally enter into a convention that would
equally limit what he himself can do.
I have not,
however, shown that every engineer must benefit overall from
such a convention, or even that any engineer will consider
these benefits sufficient to justify the burdens required to
achieve them. Professions, like governments, are not always
worth the trouble of maintaining them. Whether a particular
profession is worth the trouble is an empirical question.
Professions nonetheless differ from governments in at least
one way relevant here. Professions are voluntary in a way that
governments are not. No one is born into a profession. One
must claim professional status to have it (by taking a degree,
for example, or accepting a job for which professional status
is required). We therefore have good reason to suppose that
people are engineers because, on balance, they prefer to have
the benefits of being an engineer, even given what is required
of them in exchange.
If, as we shall
now assume, the only way to obtain the benefits in question is
to make it part of being an engineer that the public safety,
health, and welfare come first, every engineer, including
Lund, has good reason to want engineers generally to adhere to
something like the ABET code. But why should an engineer
adhere to it himself when, as in Lund's case, it seems he (or
his employer or client) stands to benefit by departing from
it?
If the question
is one of justification, the answer is obvious. Lund would
have to justify his departure from the code by appealing to
such considerations as the welfare of Thiokol and his own
self-interest. An appeal to such considerations is just what
Lund could not incorporate into a code of ethics for engineers
or generally allow other engineers to use in defense of what
they did. Lund could not incorporate such an exception into a
code because its incorporation would defeat the purpose of the
code. A code of ethics is necessary in part because, without
it, the self-interest of individual engineers, or even their
selfless devotion to their employer, could lead them to harm
everyone overall. Lund could not allow other engineers to
defend what they did by appeal to their own interests or that
of their employer for much the same reason. To allow such
appeals would be to contribute to the breakdown of a practice
Lund has good reason to support.
I take this
argument to explain why, all things considered, Lund should
have done as his profession's code requires, not why he should
have done so in some premoral sense. I am answering the
question "Why be ethical?" not "Why be
moral?" I therefore have the luxury of falling back on
ordinary moral principles to determine what is right, all
things considered. The moral principle on which this argument
primarily relies is the principle of fairness. Since Lund
voluntarily accepts the benefits of being an engineer (by
claiming to be an engineer), he is morally obliged to follow
the (morally permissible) convention that helps to make those
benefits possible.(8) What I have been at pains to show is how
that convention helps to make those benefits possible, and
why, even now, he has good reason to endorse the convention
generally.
I have been
assuming that engineers do in fact generally act in accordance
with the ABET code, whether or not they know it exists. If
that assumption were mistaken, Lund would have had no
professional reason to do as the code requires. The code
should be a dead letter, not a living practice. It would have
much the same status as a "model statute" no
government ever adopted, or the rules of a cooperative game no
one plays. Lund would have had to rely on private judgment.
But relying on private judgment is not necessary here. Lund's
engineers seem to have recommended as they did because they
thought the safety of the public, including astronauts,
paramount. They did what, according to the code, engineers are
supposed to do. Their recommendation is itself evidence that
the codecorresponds to a living practice.(9)
So, when Lund's
boss asked him to think like a manager rather than an
engineer, he was in effect asking Lund to think in a way that
Lund must consider unjustified for engineers generally and for
which Lund can give no morally defensible principle for making
himself an exception. When Lund did as his boss asked
(supposing he did), he in effect let down all those engineers
who helped to establish the practice that today allows
engineers to say "no" in such circumstances with the
reasonable hope that the client or employer will defer to
their professional judgment, and that other engineers will
come to their aid if the client or employer does not defer.
Lund could, of
course, still explain how his action served his own interests
and those of Thiokol (or, rather, how they seemed to at the
time).(10) He could also just thumb his nose at all talk of
engineering ethics, though that would probably lead to the
government's barring him from working on any project it funds,
to fellow engineers' refusing to have anything to do with him,
and to his employer's coming to view him as an embarrassment.
What he cannot do is show that what he did was right, all
things considered.
This conclusion
assumes that I have not overlooked any relevant consideration.
I certainly may have. But that is not important here. I have
not examined Lund's decision in order to condemn him but in
order to bring to light the place of a code of ethics in
engineering. There is more to understand.
IV. INTERPRETING A CODE OF
ETHICS
So far we have
assumed that Lund did as his boss asked, that is, that he
thought like a manager rather than an engineer. Assuming that
allowed us to give a relatively clear explanation of what was
wrong with what Lund did: Lund acted like a manager when he
was also an engineer and should have acted like one.
We must,
however, now put that assumption aside and consider whether
engineering ethics actually forbids Lund to do what it seemed
he did, that is, weigh his own interests, his employer's, and
his client's against the safety of the seven astronauts.
Ordinary morality seems to allow such weighing. For example,
no one would think you did something morally wrong if you
drove your child to school, rather than letting him take the
bus, even if your presence on the road increased somewhat the
risk that someone would be killed in a traffic accident.
Morality allows us to give special weight to the interests of
those close to us.(11) If engineering ethics allows that too,
then Lund-whatever he may have thought he was doing-would not
actually have acted unprofessionally. Let us then imagine
Lund's reading of the ABET code. What could he infer?
Of the code's
seven fundamental canons, only two seem relevant: (1)
"[holding] paramount the safety, health and welfare of
the public" and (4) "[acting] in professional
matters for each employer or client as faithful agents or
trustees." What do these provisions tell Lund to do? The
answer is not all that clear. Does "public" include
the seven astronauts? They are, after all, employees of
Thiokol's client, the Space Center, not part of the public as
are, say, those ordinary citizens who watch launches from the
beach opposite the Space Center. And what is it to be a
"faithful agent or trustee" of one's client or
employer? Is it to serve all the interests of a client or
employer, or only the financial ones? And how is one to
determine even those? Does the client or employer have the
final word, or may an engineer make an independent assessment?
After all, the actual result of Lund's decision was disaster
for both employer and client, though one both employer and
client may have thought themselves justified in risking. And
what is Lund to do if the public welfare requires what no
faithful agent or trustee could do? Does "holding
paramount" the public welfare include sometimes acting as
a faithful agent or trustee would not act?
These questions
are surprisingly easy to answer if we keep in mind the
connection between professions and codes of ethics,
remembering especially that a code is not a stone tablet
inscribed with divine wisdom but the work of engineers, a set
of rules that is supposed to win the support of engineers
because the rules help engineers do what they want to do.
The language of
any document, codes included, must be interpreted in light of
what it is reasonable to suppose its authors intend.(12) For
example, if "bachelor" appears undefined in a
marriage statute, we interpret it as referring to single
males, but if the same word appears in directions for a
college's graduation ceremony, we instead interpret it as
referring to all students getting their baccalaureate, whether
male or female, single or married. That is the reasonable
interpretation because we know that marriages usually involve
single males (as well as single females) rather than people
with baccalaureates while just the reverse is true of
graduation ceremonies. So, once we figure out what it is
reasonable to suppose engineers intend by declaring the
"public" safety, health, and welfare
"paramount," we should be able to decide whether
interpreting "public" so that it includes
"employees" is what engineers intend (or at least
what, as rational persons, they should intend) and also
whether they intend the paramountcy requirement to take
precedence over the duty to act as a faithful agent or
trustee.
The authors of a
code of engineering ethics (whether those who originally
drafted or approved it or those who now give it their support)
are all more or less rational persons. They differ from most
other rational persons only in knowing what engineers must
know in order to be engineers and in performing duties they
could not perform (or could not perform as well) but for that
knowledge. It is therefore reasonable to suppose that their
code of ethics would not require them to risk their own
safety, health, or welfare, or that of anyone for whom they
care, except for some substantial good (for example, high pay
or service to some ideal to which they are committed). It also
seems reasonable to suppose that no code they authored would
include anything people generally consider immoral. Most
engineers are probably morally decent people, unlikely to
endorse an immoral rule.
But what if that
were not true? What if most engineers were moral monsters or
just self-serving opportunists? What then? Interpreting their
code would certainly be different, and probably harder. We
could not understand it as a professional code. We would have
to switch to principles of interpretation we reserve for mere
folkways, Nazi statutes, or the like. We would have to leave
the presuppositions of ethics behind.
But, given those
presuppositions, we can easily explain why a code of
engineering ethics would make holding the public safety
paramount a duty taking precedence over all others, including
the duty to act as a faithful agent or trustee. Rational
engineers would want to avoid situations in which only their
private qualms stood between them and a use of professional
knowledge they considered morally wrong or otherwise
undesirable. Each would, as we say, want to be reasonably sure
that the knowledge of other engineers would serve the public,
even when the interests of the public conflicted with those of
employer or client. Given this purpose, what must
"public" mean?
We might
interpret "public" as equivalent to
"everyone" (in the society, locale, or whatever). On
this interpretation, the "public safety" would mean
the safety of everyone more or less equally. A danger that
struck only children, or only those with bad lungs, or the
like, would not endanger "the public." This
interpretation must be rejected. Since few dangers are likely
to threaten everyone, interpreting "public" to mean
"everyone" would yield a duty to the public too weak
to protect most engineers from having to do things that would
generally make life for themselves (and those they care about)
far worse than it would otherwise be, even allowing for the
occasional benefit they might obtain as individuals.
We might also
interpret "public" as referring to
"anyone" (in the society, locale, or whatever). On
this interpretation, public safety would be equivalent to the
safety of some or all. Holding the public safety paramount
would mean never putting anyone in danger. If our first
interpretation of "public" made provisions
protection the public too weak, this second would make them
too strong. For example, it is hard to imagine how we could
have electric power stations, mountain tunnels, or chemical
plants without some risk to someone. No rational engineer
could endorse a code of ethics that made engineering virtually
impossible.
We seem, then,
to need an interpretation of "public" invoking some
more relevant feature of people, rather than, as we have so
far, just their number. I would suggest that what makes people
a public is their relative innocence, helplessness, or
passivity. On this interpretation, "public" would
refer to those persons whose lack of information, technical
knowledge, or time for deliberation renders them more or less
vulnerable to the powers an engineer wields on behalf of his
client or employer. An engineer should hold paramount the
public safety, health, and welfare to assure that engineers
will not be forced to give too little regard to the welfare of
these "innocents."
On this third
interpretation, someone might be part of the public in one
respect but not in another. For example the astronauts would
be part of the public with respect to the O-rings because, not
knowing of the danger, they were in no position to abort the
launch to avoid the danger. The astronauts would, in contrast,
not be part of the public with respect to the ice forming on
the boosters because, having been fully informed of that
danger, they were in a position to abort the launch if they
were unwilling to take the risk the risk the ice posed. This
third interpretation of "public" thus seems to be
free of the difficulties that discredited the preceding two.
We now seem to have a sense of "holding the public safety
paramount" that we may reasonably suppose rational
engineers would endorse.
On this
interpretation, the engineer's code of ethics would (all else
equal) require Lund either to refuse to authorize the launch
or to insist instead that the astronauts be briefed in order
to get their informed consent to the risk. Refusing
authorization would protect the public by holding the safety
of the astronauts paramount. Insisting that the astronauts be
briefed and decide for themselves would hold the safety of the
public paramount by transferring the astronauts from the
category of members of the public to that of informed
participants in the decision. Either way, Lund would not,
under the circumstances, have had to treat his own interest,
those of his employer Thiokol, or those of his client the
Space Center as comparable to those of the public (assuming,
of course, what is not true, that we have considered all the
public interests relevant here).
Is this the
correct interpretation of "public"? It is if we have
taken into account every relevant consideration. Have we?
There is, of course, no way to know. But there is good reason
to think we have. We can easily show that the only obvious
alternative is wrong. That alternative is that
"public" refers to all "innocents" except
employees of the client or employer in question. Employees are
to be excluded because, it might be said, they are paid to
take the risks associated with their job. On this
interpretation, Lund would not have to hold the safety of the
astronauts paramount, since they would not be part of the
public.
What is wrong
with this fourth interpretation of "public"?
Earlier, we understood "innocents" to include all
persons whose lack of information, training, or time for
deliberation renders them vulnerable to the powers an engineer
wields on behalf of his client or employer. An employee who
takes a job knowing the risks (and is otherwise able to avoid
them) might be able to insist on being paid enough to
compensate for them. She could then truly be said to be paid
to take those risks. She would not be an "innocent."
But she would, under our third interpretation, also not in
that respect be part of the public to which an engineer owed a
paramount duty. She would have given informed consent to the
risk in question. So, the third and fourth interpretations
would not differ concerning such an employee.
On the other
hand, if the employee lacked the information to evaluate the
risk, she would be in no position to insist on adequate
compensation. She could not be said to be paid to take those
risks. She would, in other words, be as innocent of, as
vulnerable to, and as unpaid for the risks in question as
anyone else in the public. Since nothing prevents an engineer,
or someone for whom an engineer cares, from being the employee
unknowingly at risk, engineers have as much reason to want to
protect such employees as to protect the public in general.
"Public" should be interpreted accordingly; that is,
according to our third interpretation.
V. PROFESSIONAL
RESPONSIBILITIES
Given the
argument developed so far, engineers clearly are responsible
for acting as their profession's code of ethics requires. Do
their professional responsibilities go beyond the code? The
answer, I think, is clearly yes. Engineers should not only do
as their profession's code requires, but should also support
it less directly by encouraging others to do as it requires
and by criticizing, ostracizing, or otherwise calling to
account those who do not. They should support their
profession's code in these ways for at least four reasons:
First, engineers should support their profession's code
because supporting it will help protect them and those they
care about from being injured by what other engineers do.
Second, supporting the code will also help assure each
engineer a working environment in which it will be easier than
it would otherwise be to resist pressure to do much that the
engineer would rather not do. Third, engineers should support
their profession's code because supporting it helps make their
profession a practice of which they need not feel morally
justified embarrassment, shame, or guilt. And fourth, one has
an obligation of fairness to do his part insofar as he claims
to be an engineer and other engineers are doing their part in
generating these benefits for all engineers.
NOTES
Early versions
of this article were presented to the Society of Hispanic
Professional Engineers, Chicago Chapter, 10 June 1987; and to
the American Society of Civil Engineers, University of
Illinois at Chicago, Student Chapter, 4 May 1988. I should
like to thank those present, as well as my colleague Vivian
Weil, for many helpful comments.
- See, e.g., John Ladd,
"The Quest for a Code of Professional Ethics: An
Intellectual and Moral Confusion," in AAAS
Professional Ethics Project, ed. Rosemary Chalk, Mark S.
Frankel, and Sallie B. Chafer (Washington, D.C.: American
Association for the Advancement of Science, 1980), pp.
154-59; Samuel Florman, "Moral Blueprints,"
Harper's 257 (1978): 30-33; John Kultgen, "The
Ideological Use of Professional Codes," Business and
Professional Ethics Journal 1 (1982): 53-69; and Heinz C.
Luegenbiehl, "Codes of Ethics and the Moral Education
of Engineers," Business and Professional Ethics
Journal 2 (1983): 41-61. Note also how small a part codes
have in a text on engineering ethics, such as Mike Martin
and Roland Schinzinger, Ethics in Engineering, 2d ed. (New
York: McGraw-Hill, 1989), esp. pp. 86-92, 103-4.
- The following narrative is
based on testimony contained in The Presidential
Commission on the Space Shuttle Challenger Disaster
(Washington, D.C.: U.S. Government Printing Office, 1986),
esp. 1: 82-103.
- See, e.g., Robert M.
Veatch, "Professional Ethics and Role-Specific
Duties," Journal of Medicine and Philosophy 4 (1979):
1-19; Benjamin Freedman, "A Meta-Ethics for
Professional Morality," Ethics 89 (1978): 1-19; and
Lisa Newton, "The Origin of Professionalism:
Sociological Conclusions and Ethical Implications,"
Business and Professional Ethics Journal 1 (1982): 33-43.
- For more on this
explanation, see my "The Moral Authority of a
Professional Code," NOMOS XXIX: Authority Revisited,
ed. J. Roland Pennock and John W. Chapman (New York: New
York University Press, 1987), pp. 302-38; "The Use of
Professions," Business Economics 22 (1987): 5-10;
"Professionalism Means Putting Your Profession
First," Georgetown Journal of Legal Ethics 2 (1988):
352-66; and "The Ethics Boom:What and Why,"
Centennial Review 34 (1990): 163-86.
- Here, then, is an
important contrast between my position and the
"personal analysis" of professional duties one
finds, for example, in Thomas Shaffer, "Advocacy as
Moral Discourse," North Carolina Law Review 57
(1979): 647-70; or Charles Fried, "The Lawyer as
Friend: The Moral Foundations of the Lawyer-Client
Relation," Yale Law Review 85 (1976): 1060-89. Unlike
these others, I do not treat professional activity as
primarily involving a relation between one person with an
important skill (the professional) and a series of others
(the client, patient, or whatever). The appeal of the
personal analysis probably comes from focusing too much on
professions, like law and medicine, that have a clearly
defined client. One feature of engineering that should
make it more interesting to students of professional
ethics than it has been is the absence (or relative
unimportance) of individual clients. In this respect,
engineering may represent the future of law, and perhaps
even of medicine.
- Cf. my "The Special
Role of Professionals in Business Ethics," Business
and Professional Ethics Journal 7 (1988): 83-94.
- Some engineers, so-called
Professional Engineers (PEs.), are bound by law in exactly
the way lawyers, doctors, and other state-licensed
professionals are. But most engineers in the United
States-nearly 80 percent-are not so licensed. They
practice engineering under the "manufacturer's
exemption." They can practice engineering only
through a company with a PE, who must ultimately
"sign off" on their work.
- I hope this appeal to
fairness will raise no red flags, even though the
principle of fairness has been under a cloud ever since
the seemingly devastating criticism it received in Robert
Nozick, Anarchy, State, and Utopia (New York: Basic Books,
1974). I have, it should be noted, limited my use to
obligations generated by voluntarily claiming benefits of
a cooperative practice that are otherwise not available.
Most attacks on the principle of fairness have been on the
"involuntary benefits" version. See, e.g., A.
John Simmons, Moral Principles and Political Obligations
(Princeton, N.J.: Princeton University Press, 1979), pp.
118-36. And even those attacks are hardly devastating. One
can either refine the principle, as Richard Arneson has
done in "The Principle of Fairness and Free-Rider
Problems," Ethics 92 (1982): 616-33; or, as in my
"Nozick's Argument for the Legitimacy of the Welfare
State," Ethics 97 (1987): 576-94, show that Nozick's
original criticism, and most subsequent criticism, depends
on examples that, upon careful examination, fail to
support the criticism.
- I am not claiming that the
engineers treated safety as paramount because they knew
what the ABET code said. When you ask a lawyer about a
professional code, she is likely to tell you she studied
the ABA code in law school and, claiming to have a copy
around, will produce it after only a few minutes of
searching her desk or bookshelves. When you ask an
engineer the same question, he is likely to tell you that
his profession has a code while admitting both that he
never studied it and that he has none around to refer to.
Yet, anyone who has spent much time with working engineers
knows they do not treat safety in the same way managers do
(hence Mason's plea to "take off your engineering
hat"). The engineers' code of ethics seems to be
"hard-wired" into them. Interestingly, engineers
are not the only professionals for whom the written code
seems to play so small a part. For another example, see my
"Vocational Teachers, Confidentiality, and
Professional Ethics," International Journal of
Applied Philosophy 4 (1988): 11-20.
- I do not claim that he
would explain his decision in this way. Indeed, I think
his explanation would be quite different, though no less
troubling. See my "Explaining Wrongdoing,"
Journal of Social Philosophy 20 (1989): 74-90.
- Here, then, is why I
reject the "universalistic" interpretation of
engineering ethics in, e.g., Kenneth Alpern, "Moral
Responsibility for Engineers," Business and
Professional Ethics Journal 2 (1983): 39-48.
- I am not here committing
the "originalist fallacy" common a few years
back in debates over how to interpret the U.S.
Constitution. Though the first codes of ethics for
American engineers were adopted early in this century, all
have undergone radical revision within the last two
decades. More importantly, as will be made plain below, I
use "authors" to include all those who must
currently support the code. My notion of interpretation is
therefore much closer to that found in Ronald Dworkin.
Law's Empire (Cambridge, Mass.: Harvard University Press,
1986).
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