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Ethical principles and information professionals: theory, practice and educationLivio Iacovino Abstract: This article focuses on ethical concepts and thinking processes, their application to professional issues, and to the information professional in particular. Information professionals, like other professionals, have developed codes of ethics which as regulatory mechanisms may not in themselves nurture ethical attitudes. At the same time traditional professional relationships are being altered by the introduction of a business view of the client-professional relationship. Ethical attitudes need to be inculcated into information professional practice via educational programs by drawing from a number of ethical theories and practice models within a notion of an ethical community of common interests which can also apply in a virtual environment. Discussion on ethical practices for professions often centres on analysing cases of unethical professional behaviour. Although case studies serve to highlight dilemmas, it is more important to introduce ethical thinking into the education (core and continuing) of all professionals, so that they can develop the necessary analytical tools to respond to ethical situations as and when they arise. Two models that information professionals in particular can adopt as frameworks for ethical decision-making are the practice skills and the professional-client relationship models. The latter is favoured as it focuses on the professional's wider public interest responsibilities. Other approaches to ethical practices include professional codes and the use of role models. Professionals also need to be aware of the limitations of ethical action within the wider political, economic and technological environment in which they work. Part 1: Ethics for professionals
What are ethics? Ethical decision-making is considered a peculiarly human activity due to our ability to reason, to rationalise and to analyse what we do, to see ourselves as part of a social group and, in the modern world, as a member of society at large. The moral agent is a feature of all rational moral discourse. Thus ethics are not just how we 'feel' about something; it is a reasoned process. It may become habitual or intuitive once we have a set of values to apply consistently. Meta-ethics is the conceptual analysis of why we should be concerned with ethics. Meta-ethical theories or fundamental ethics are the overarching principles and perspectives arising from the conceptual analysis of ethical questions. Western 'meta' theories sit behind applied ethical approaches. Applied ethics are normative ethics which aim to guide conduct; the analysis of specific practical issues using ethical discourse and meta-ethical theories. However, the distinctions between pure and applied ethics are somewhat artificial, as the application of ethics has always flowed from a particular conceptual viewpoint. Ethics are often considered as specific to a discipline, religion or geographic location, for example, professional ethics, Christian ethics, bioethics, environmental ethics, and business ethics. The 'histories' of these areas of ethics reveal much about the justification of human conduct in specific organisational contexts.
Why are ethics relevant to professionals? Whether ethics is a preferable way to induce professionals to behave as expected by society and their peers depends on a complex interplay of law and morality. Law is insufficient as an ethical system. Codified law focuses on actions and outcomes rather than values. The process by which legislation comes into force is different from ethics; that is, the legislative process via parliament. This is not to deny that that there is a moral authority to the law. The law has an important role to play in enforcing minimum standards of what is right and what is wrong and enforcing breaches, but rules can be misused. We could have a society in which observing rules replaced social morality. It is unlikely that we could have rules for everything. The legal and ethical aspects of actions are not easy to disentangle, and will in fact often overlap. However, law and ethics need not be in opposition; they can and should complement each other as a system of control over human behaviour. Ethics, unlike law, are also about choice of behaviour. Our freedom to choose may be limited by our genes, our environment, our education and our cultural context. The ambit of free choice is a philosophic question in its own right. The attempt to balance rules and what is 'right' is found in applied ethics, in particular the codification of ethical standards. Immanuel Kant, the great German moral philosopher of the eighteenth century, did not see rules as the only defining aspect of ethics. Roger J Sullivan, in An Introduction to Kant's Ethics, states, The appreciation to which Kant refers comes down to an attitude that should lie behind and encompass all our more specific duties. Rules cannot totally define our lives. In government and business, for example, an unjust person will always be able to find loopholes in even the most carefully stated professional or civil codes. Kant knew this, and for that reason he held that above all we need an underlying commitment to the moral law that will, as it were, fill in the legislative loopholes. [5] Kant believed that certain acts such as lying had to be wrong because if everyone lied there would be no way of knowing the truth. If everyone were false how would anyone have trust in anything? Thus truth telling is a universal duty. Humans live in communities. The need for assumed trust and truth is essential for social groups to survive. To make life within a community of benefit to everyone a shared understanding of what is good or bad or unjust or just makes the community work within specific goals. In other words, communities cannot exist without some compliance with moral rules. [6] A business argument that is often made for the irrelevance of ethics is that it is just 'good business' to take advantage of everyone. In this sense this is the ethic of the business in question. It may also be viewed as a very narrow understanding of business needs. Fiona Ritchie, in Finishing First with Ethics: Bringing Good Business Principles and Sound Ethics together for Greater Profits and a Better Future, argues that business ethics put into practice give an organisation a distinct competitive advantage, increases profitability, provides stable management and improves staff morale. [7] The legal argument for the relevance of ethics centres on the notion of unethical behaviour as the failure of duty of care and potential negligent action in professional practice. The legal motivation for encouraging ethical behaviour is often that unethical behaviour leads to illegal behaviour and could contribute to a company being sued. [8]
Meta-ethical debates and professional ethics
Social, political, scientific and economic context of ethics The ethicist Peter Singer has applied modern Darwinian thinking to our consumer society which is based totally on competition. Both competition and reciprocal altruism, defined as cooperation, can coexist. The cooperative aspects of our nature can be encouraged. Public policy can appeal to the need to belong to a community, rather than simply rely on the rhetoric of competition. In this respect modern Darwinism can be compatible with nurturing a moral community which supports the cooperative aspects of evolved behaviour. The cooperative model needs a community to prosper, thus it could also be applied to a professional community. [11]
Can ethics be universalised? The importance of community values should not be confused with crude versions of cultural relativism which may be used to justify any practice as acceptable within a given community. However, relativist positions can lead to universal norms. One need only to consider the histories of specific areas of ethics such as medicine, which have been tied up with their portrayal through Greek, Roman, Judeo-Christian and eventually secular ethics but are now considered universal. [13] Thus relativism and universalism are not necessarily in opposition.
Ethical principles and professional relationships Most ethical theories fall between the following types: rule-based ethics which focuses on actions and duties, also known as the deontological tradition according to which duty is primary. It is better described as 'duty-based' and 'right' based ethics as Kant himself distinguishes duties from rules. In Kant's version of 'duty-based' ethics the intrinsic duty to act is our duty to do what is right. Duty is not contingent on the outcome, although it is not totally ignored. We may not want to obey the moral law; for this reason all moral laws appear to us as imperatives. Moreover because nothing can justify disregarding our moral obligations, they obligate us absolutely, or categorically. eg do not kill or do not lie. Consequently, in the Foundations Kant called the ultimate moral norm the 'categorical imperative'. [14] The notion of the rational autonomous agent is an important Kantian contribution. The dignity of each person is based on his/her own reason and on the doctrine of autonomy, that is each person has control over his/her own destiny. Any individual maxim must be able to be translated into a universal law. All obligations are binding on any rational being. The moral worth is not in what will be accomplished but in the agent's intention. A person of good moral character is one who not only does what is right but also does so from the specifically ethical motive of dutifulness. The advantage to this approach is that duties coupled with rights bond human relationships. The problem is that it does not help resolve conflicts between duties. If two duties conflict consequences cannot in theory be considered. An example of applying this approach includes questions such as: Is my duty and the action taken universally acceptable to those directly affected by it? Could I inform others about my decision? For example, balancing objectives of profitability with producing a safe product. [15] Rights-based ethics or contractarianism is based on a right defined as an entitlement, in which moral rights, unlike legal rights, cut across all notions of legal jurisdiction. For example the right to privacy is seen as necessary for autonomy. Its application includes questions such as whether an act violates a person's rights, and which rights are violated. [16] Another ethical tradition is ends-based or goal-centred theory. It is also known as the teleological or consequentialist tradition in which goals or purposes of actions and their consequences are fundamental. One considers the good from the decision, ie the consequence; so the end justifies the means. Consequentialism is a modern form of this theory. Its best known form is utilitarianism which focuses on the social good and social harm of actions. In the classic utilitarianism or ethical universalism of Jeremy Bentham the good or end (telos) is the happiness or the greatest happiness for the greatest number. Singer's cooperative model fits here. The problem with utilitarianism is that it is not possible to predict all the consequences of an action, that is, what will be the best outcome for the greatest number of people. The minority is often sacrificed. Utilitarianism may be applied in cost benefit analyses by selecting an approach that maximises the benefit for all parties or stakeholders affected by the decision; that is, the greatest net benefit approach. How the ends are achieved is secondary and individual rights are often ignored. It can be used to rationalise unethical behaviour, for example, monitoring staff performance for maximising staff productivity. [17] Agent-based ethics, also known as virtue ethics, is sometimes included within teleological approach, and has its origin in a revitalised version of Aristotelian ethics. The emphasis is on the qualities of a person which will ensure that he/she will make the right decisions. Virtues such as integrity, honesty, fidelity, and probity are motives for the right actions. In its modern version it is tied to ethics of a community, a form of communitarianism, originally defined as universal virtues. It is useful for character building, for education, for application to professional ethics. Virtue ethics offers a strong set of principles for professional practice. The problems in this approach revolve around virtues that may conflict. Ethical theories that operate on responding to the 'demands' that arise in human relationships in specific situations are also agent-centred. The 'ethical demand' is a response to another human being's needs which presupposes that all interaction between human beings involves a basic trust. The demand is not derived from any rule and trust is part of what it means to be human. [18] One takes care of the life which trust has placed in our hands, so exploiting a person would be unethical. The motive for actions is not central. The emphasis is on person to person relationships, thus emphasising that ethics is a question of personal responsibility, which is essential to professional decisions. Ethical collectivism is a form of discourse ethics which insists that the correct conclusion about ethical matters is a collective achievement, a consensus constructed out of the diverse points of view of the participants in the discourse. The collective agreement is the closest individuals at that time and place can come to the truth. [19] Professional ethics is also a form of discourse ethics as it reflects a consensus view of a profession at a point in time. In summary, a number of ethical principles, including Kantian duties, consequential actions, virtues, the ethical demand, and rights-based theories, can be adapted to professional relationships. Within professional and other relationships rights and corresponding obligations such as privacy or confidentiality can be respected via ethics, as distinct from legal protection, in terms of the moral agency of role, a notion also found in virtue ethics. Ethical duties in various 'roles' form part of social relationships; the obligations and rights between parties based on mutual respect and trust rather than through legal pressures of sanctions drawn from the 'demand' position. Concepts of trust are central to the nature of professionalism. Part 2: Professional ethics and information professionsAlthough professional ethics are often considered a twentieth century form of applied ethics, they are in fact the oldest form of Western ethics. [20] The notion of duty evolved from doing one's vocational duty. In Aristotelian ethics, the notion of the virtuous person was embedded in the way one discharged allotted social functions, which today we would call occupations. As the social order changed the evaluative predicates of a just king, or a courageous warrior came to refer to personal attributes relatively independent of social function. [21] In more simple terms professional ethics are ethics specific to professions and/or to a specific profession. Professional ethics are within the field of normative ethics and concern professional behaviour, judgment and choices in one's professional life. Professional ethics are usually considered one of the hallmarks of a profession. But there is an ongoing debate both within professions and society at large as to the effectiveness of ethics in regulating professional behaviour or conduct. Professionalism also involves the acceptance of a number of legal responsibilities, including duty of care. Who (or what) is a professional?Divinity, law and medicine have historically been the 'classic professions'. [22] The word 'profession' in its Latin form meant a public declaration or vow. The notion of a vow to be 'faithful for something' (special expertise) 'to someone' (client) for his or her benefit and not for one's own, has continuing resonance for what it means to be a professional. [23] The characteristics of a profession have generally included its exclusivity, highly developed skills and theoretical or specialised knowledge of a specific domain, several years of formal education and training in a related domain, service to society or a public benefit, governance by code of ethics or conduct laid down by the profession, and a professional association. Professionals maintain that their specialist knowledge and education gives them an understanding of their field that is not shared outside the profession. Apart from the expertise, service orientation, and altruistic motivation of public duty, ethical standards are usually expected to be higher than for the general community. A distinguishing characteristic of professionals is that they are meant to act differently from a business person in dealing with clients. The element of trust is essential if the profession is to be seen not merely as a monopoly. The nature of professionalism has been much debated, including whether it differs from a 'vocation'. McDowell Banks, in Ethical Conduct and the Professional's Dilemma: Choosing Between Service and Success, says: Mere occupations do not claim a special commitment to the welfare of their customers. The professional asks for a relationship of trust. The concomitant ethical obligation is what really distinguishes the professional from other occupations. In my analysis, these twin requirements of possessing a special expertise not easily understood by lay people and of being ethical and trustworthy in relationships with clients and the public are what distinguish professions from other occupations. [24] In addition to the external marks of a profession, Banks refers to the internal dimension, the character of a professional as the individual choice or commitment to aspire to the highest competence and to serve others. The duty of service to the client can run to fellow professionals, to others who stand in some relationship to the client such as family members or business associates, or even to bystanders, and on occasion to the community as a whole. The dilemma occurs when the interests of a particular client clash with the broader interest of the public, or some part of it. Most importantly the commitment not only to the client but also to public service is part of the tradition of all professions. [25]
Conflicts for professionals Conflict between professional and organisational ethics need not only be seen as a negative force but also as a means of highlighting a professional issue. In the corporate sector protecting the organisation is uppermost, so attempting to link professional ethics with corporate ethics may not improve the ethical behaviour of the corporation. In fact organisations and professions learn to behave compassionately from individuals rather than the other way around. [28]
Regulatory mechanisms and the professions: relevance to ethical behaviour There is a substantial difference between professions such as the information professions and highly controlled professions such as medicine and law where a loss of membership (being 'struck off') may also imply a loss of the right to practice. Regulation and sanctions are highest in professions which can take away the livelihood of its members for unprofessional conduct. Unethical behaviour can therefore lead to the loss of one's livelihood. Many illegal activities, eg fraud, corruption, abuse of people's rights are also professionally unethical, thus acting ethically contributes to overall legal compliance. Unprofessional behaviour is unethical behaviour. Should ethical obligations be legal ones? There is controversy over codes and rule-based/deontological approaches to ethical compliance. The codification of ethics into a normative system and a legal conception of ethics are rejected by virtue ethicists. Ian Freckelton believes that for a profession to maintain its bone fides it must impose penalties for non-compliance with a provision of a code. [29] This is the 'legal' approach to ethical behaviour and has limitations as a professional may follow the letter but not the spirit of an ethical code. As Banks states, When standards carry legal sanctions, the professional has difficulty in predicting the exact content that these terms will be given by the administrative agencies or courts charged with their enforcement. The professional who wants to be sure to comply will then be led to very cautious practice that is unquestionably within the boundaries of the guidelines. The undesirable consequence of either rule-specific norms or flexible guidelines if they carry serious legal sanctions is more routinized performance and less innovative or risky practice. [30] The real risk of relying on codes to make professionals ethical is that they may absolve themselves from responsibility for determining their own duty. In a climate that challenges the autonomy of the professions, codes have attempted to accommodate consumer demands, thus they have become more outward looking. There is little evidence that codes of ethics have in themselves nurtured ethical practices or made professionals more ethical. They are often flagrantly ignored. One need only consider the example of the New England Journal of Medicine which failed to follow its own ethical guidelines regarding disclosing the names of the drug companies that provided financial support for a large number of articles published on drug tests. [31] It can also be argued that the very existence of the code revealed that it had been transgressed and thus the code served the purpose of disclosure. A set of professional ethical standards developed by a professional community that is prepared to critically revise them can provide the individual professional with ethical guidance, may assist new professionals or those still studying, assist in the revision of professional thinking and play a part in the regulatory controls over consistent professional practice. The issue of cultural relativism versus universal principles, as introduced earlier, is particularly relevant to professional ethics. Within one profession there may be divergent views of professional practice because of religious, cultural or national differences. Universalising one professional ethic within a profession can only be achieved by ongoing dialogue. Through its experienced practitioners problematic rules can be interpreted. This is a good example of virtue ethics in practice, as practice takes place in specific environments. How is uniformity achieved world-wide? One has to accept that the more culturally diverse professional members are, the more difficult it will be for them to share standards. [32] This is particularly relevant in the online environment where professionals and their clients will be from all parts of the globe and have divergent political, legal and ethical views.
Information professions Information professions comprise many groups which have their own ethical traditions; that is, there is not one set for the profession. Librarians, archivists and records managers have different interests from computing professionals, even though the distinctions are blurring. A recordkeeping professional is particularly concerned with illegal destruction of records or inadequate evidence; preserving records over time; protecting personal data from inappropriate disclosure; and providing access to material equally. For web content providers censorship is more important. There are a number of legal and ethical areas that are common to all of them, for example, intellectual property and data protection. However, differences between information professions may require the development of a set of ethical principles incorporating interests common across all fields.
How do we apply ethics to information professionals?
The practice skills model Professional responsibility (as opposed to legal liability) will depend on one's position and competencies. Both the organisation and its executives and individuals may be responsible for particular activities. What kind of information will be gathered and stored, who will have access, and how it will be protected from unauthorised disclosure are both ethical and legal issues. These can be broken down into:
Mason, Mason, and Culnan in Ethics of Information Management consider major social responsibilities common to all professionals. [36] These include how they monitor themselves, set standards for acceptable practice, maintain their body of knowledge, educate their public about their practices and educate and train professionals. Other professional responsibilities additional to general social responsibilities include exhortations to do no harm, to be competent, maintain independence, avoid conflicts of interest, match client expectations, maintain fiduciary duties, safeguard client and source privacy, protect records, safeguard intellectual property, provide quality information, and avoid selection bias. Additional professional responsibilities include further duties to a specific profession. Finally there is a need for professional judgment.
The professional-client relationship model The business context in which one works, that is, the nature of the information one works with, forms part of the regulatory and ethical environment. Ethical issues of collecting information are critical to areas such as medical care. Other professionals involved in the collection of data and creation of records will themselves be bound by professional ethics contributing to a web of responsibility in information ethics. Organisational and professional culture is largely determined by standards of acceptable behaviour within specific environments. In addition, the concept of reasonable behaviour and duty of care which form part of the law of negligence in the common law system are re-enforced through professional ethics and professional practice, for example, confidentiality which forms part of every transaction between a patient and a doctor is an important part of medical ethics. The ethical dimension of professional relationships is underpinned by records as evidence of ethical or unethical behaviour, including what is destroyed to cover up unethical or illegal behaviour. [37] The focus on the nature of each relationship brings us back full circle to ethical theories and ethical duties in various 'roles' (professional, personal, citizen, or customer). The ethical demand and the cooperative community concepts introduced earlier also support this model. A corporation will also have a fiduciary responsibility to shareholders but is itself a moral agent within 'a web of relationships'. Professional roles cannot be divorced from social responsibility and the wider impact on family life, the environment, and social justice.
Legal, economic, technological and socio-cultural issues for professionals
Change in the nature of professional relationships Exclusive control over an area of business activity has been fundamental to professionalism. [38] The right to provide a service exclusively is in conflict with Australian national competition policy, and world-wide trends. [39] Competition policy through the anti-competitive provisions of Part IV of the Trade Practices Act threatens professional exclusivity which is seen as creating a monopoly. Even codes of ethics may have illegal provisions. [40] Essentially competition policy is concerned with efficiency, not with whether an action is ethical or unethical. Competition policy has other ramifications, in particular its emphasis on the business element of professional relationships, in particular the introduction of a third party into the relationship, who does not have a direct ethical or legal obligation to the client, for example, a contracted provider, typical of purchaser-provider agreements. [41]
Technological context The implications for human development from a physically-centred world to a 'virtual' world, together with the use of contracted service providers, means that professionals will have less and less personal contact with their clients. Confidentiality and privacy will have to be protected more by technical means, but mediated trust involving humans is unlikely to be completely superseded. Part 3: Approaches to promoting professional ethical thinking
Importance of ethics in the education of professionals Andrew Morris, in 'Effective Information Management: A Question of Ethics?' argues the need for Information Systems practitioners to be educated in the areas of privacy, intellectual property, and access control; in particular the properties of information, inherent rights of privacy and ownership and to have status to formulate an adherence to strict information policy. He adopts the utilitarian view that any situation that implies harm or benefit to others has an ethical component, and that this is basic for the development of information systems that emphasise benefit, including minimising harm. [44] Ethical thinking can assist information professionals in making considered judgments about information risks. Neither the law nor the marketplace provides sufficient guidance for managing information ethically. The ethical theories introduced earlier can be applied to information technology. The importance of human values, the Kantian principle of treating people as ends and not as means and Jeremy Bentham's valuing actions that promote happiness and diminish misery are some ethical principles that are of general application. [45]
'Learning organisations'
Role models Senior practitioners can provide role models and be involved in mentoring schemes. They should be profiled in professional literature, but more importantly in the media at large. Lastly, continuing professional education should integrate ethical judgments into the changed situations, and professional issues should be discussed at professional fora. Once a professional is in the workforce the role of the professional association and workplace ethics take on a prominent role in maintaining ethical standards. ConclusionInformation professionals need to re-evaluate their own ethical standards in a period in which the nature of professionalism is being re-assessed. Ethical behaviour can minimise the possibility of negligent conduct and assist legal compliance, but that makes ethics another form of regulation. More importantly codes should be used to focus on professional duties and virtues, and as a collective consensus of professional values. Understanding the corporate culture within the wider social context is long-sighted, not short-sighted. Knowing how much to accept the givens and where there is manoeuvrability for improved ethical standards is a professional goal. Assistance and support of peers through professional associations and networking are avenues for professional solidarity. Each professional community needs to create a climate of ethical awareness and a sense of consensus through debate and discussion. Ethical frameworks need to be applied to specific issues: retrospective (case studies real and/or hypothetical) and prospective (being prepared to act when an ethical question arises); to consider the role of a professional in terms of the nature of the relationship which arises with the client within a web of obligations; each communication or encounter has an ethical dimension based on trust. It has been the shift in the balance of power from the professional to the client that has altered the relationship. We have to somehow retain the special aspects of the professional-client relationship, in order to retain professionalism and its ethical dimension. This is not going to be an easy course of action in the current social and economic environment. Professionals can marry a number of the principles enunciated in ethical theories to professional ethics. This includes cultivating virtues of integrity and honesty, balancing the rights of and the duties to the client, to society and to fellow professionals, as well as consideration of the 'other person' as a fellow human being. Through role models, education and professional discussion, ethics should become an essential part of professional best practice of all information professionals. Notes
Livia Iacovino is a lecturer in the School of Information Management and Systems, Faculty of Information Technology, Monash University. She is also a principal researcher in the School's Records Continuum Research Group and the Monash Enterprise Information Research Group. E-mail: livia.iacovina@sims.monash.edu.au.nospam (please remove the '.nospam' from the address). |
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