What’s the Use?

Did you ever stop to consider, “What purpose does a code of ethics serve?” Or, more importantly, “Have you thought about the difference between a code of ethics and a body of laws and regulations?” Most importantly, have you stopped to evaluate which best insures the general well being of the people that we serve?

The purpose of a code of ethics is to provide a behavioral framework within which people choose to conduct all facets of their lives. In essence a code of ethics is a creed, a code of conduct to which a person voluntarily adheres because it reflects his or her values and is believed to be beneficial to both society and the individual.

Codes of ethics are intended to provide a guiding light and, with rare exceptions, do not provide specific instruction. To effectively utilize a code of ethics an individual must be (1) aware of the meaning of the guidelines given by the code, (2) aware of not only what he or she is doing but of the potential consequences or outcomes of the actions being taken (or considered), and (3) be willing to honestly consider the question, “Will the outcome be of benefit to society?” Adherence to a code of ethics requires minute-by-minute awareness and critical thinking skills. It is a very “intentional” way of life.

A system of laws, while often intended to bring benefit to society, is quite different in that its purpose is to achieve specific behaviors without the application of either judgment or conscience. A law is an instruction: “If this occurs, this is what you shall (or shall not) do.” Systems of laws are created to provide specific instructions with specific punishments for breach of the instruction. Laws seldom work optimally in combination with judgment and reason.

Laws and regulations are, I believe, usually well intended. Two things, however, concern me in their use today, as I understand it. First, laws are always created to control the behavior of “someone else.” How often have you seen or heard of an organization passing a law or creating a regulation that was intended to restrict its own behavior? Second, the idea that laws can be created to cover all of the circumstances of life is, in my view, foolishness. And, a dependence on laws for the good order of society does nothing to encourage critical self-evaluation and critical thinking, except as they relate to the avoidance of either the restriction of the law or the punishment for breaking it. Dependence on laws and regulations for the good order of society usually leads to the question, “What’s the chance that I will get caught?”

Laws and codes of ethics do share, interestingly, one common thread. Both stimulate the creative aspects of the human spirit. Codes of ethics engage this spirit in both awareness of the circumstances and the exercise of judgment and reason in evaluation of the outcomes. Adherence to a code of ethics requires one to constantly answer the question, “Is it the right thing to do?” Laws and regulations engage the same spirit in the constant search for ways around the letter of the laws that are perceived to separate me from that which I desire, ways to set the spirit of the law aside and ways to avoid the punishment for the behavior that the law was intended to control.

You can see why codes of ethics are usually quite short and quite vague (at face value). And why, conversely, bodies of laws and regulations, which often begin modestly, grow ad-infinitum to the point where only the lawyer knows what they say and “the people” simply come to, as best they are able, live unthinkingly “by the rules” as they are interpreted by the expert. You can also see that living by a code of ethics requires a willingness to participate, to work constantly at “getting it right,” and to teach others by our example why society, and we, benefit from a course of action. For those who have neither the energy nor the inclination for such a demanding lifestyle, laws and regulations work quite well. These are the people who walk through life one step at a time, as they are told—even when that step is into a trap that destroys their dreams, or those of future generations.

How, you may ask, does this relate to leadership and management in engineering?

The ASCE Board of Directors is considering expansion of Canon 6 of the ASCE Code of Ethics as the society attempts to take a stronger position regarding the commission of fraudulent acts. I have heard many discussions recently regarding the wisdom, or necessity, of the changes being considered. I present the following thoughts in hopes of stimulating discussion and critical thought within our profession and our society regarding the proposed changes.

Leading an ethical professional life should be understood to be a journey, not a destination. One’s understanding of ethical behavior will change with time, experience, and discussion with others who have set out on a similar journey. Only when one makes the decision to spend a lifetime learning about and discussing ethical behavior with others can one reasonably hope to successfully complete the journey.

The ASCE Code of Ethics is a set of guiding principals to be used in answering the all-important question: “Is this action or behavior ethical?” While they are often perceived as a set of rules, properly used, they are much more. The code’s greatest value is realized when it is used as a guiding light. By thoughtfully listening to the message of the canons one must find direction in building reasoned, defensible answers to this all-important question.

Because of the nature of the service provided, the practicing civil engineer must be seen as a person of integrity and sound judgment in all matters, public and private. Just as the leopard cannot change its spots, humans cannot be expected to act with integrity and sound judgment in one area of their lives when other areas reflect poor judgment or absence of integrity. Inappropriate behavior while on vacation is just as damaging to the public’s trust of the profession as when it occurs in the workplace. And, when it occurs in either place, the public’s view of the trustworthiness and, therefore, the value of the services provided by the profession is diminished, if not destroyed.

If the code is to be effective as a guiding light to the membership it must, at some level of consciousness, be a part of the “life fabric” of every member. Further, it must be formed as a guide, not an instruction manual. It must have applicability across the width and breadth of life, both professional and private—a characteristic that a set of instructions or rules can never achieve. To satisfy these requirements the number of canons must be limited and each must provide a clear message with minimal verbiage. If the verbiage in a canon is overly lengthy it will be looked upon as cumbersome when committing it to memory. If there are an excessive number of canons they will not only be difficult to commit to memory, they will be perceived as rules and their limitations and loopholes will be immediately sought.

Additionally, if the code is to be a north star to the membership, it must have authority. The all-important question of “Is this ethical?” must always be submitted to the authority of the code, experience, reason, and tradition. All answers derived must reflect the aggregated wisdom of these four sources. However, among these, the code must have supreme authority. Any behavior or activity that the code advises against must not be acceptable to the membership irrespective of the authority of experience, reason, or tradition. Conversely, no tenet of the code should be in conflict with the experiences and traditions of the profession.

Finally, if the code is to be anything other than “flowery rhetoric” that makes a few people feel good, it must be upheld by the membership. It must be understood and accepted by the membership that each is accountable for knowing what the canons say, applying them to their daily lives, and teaching them, by the example of their lives and business practices, to their protégés, employees, and all others for whom they are responsible. While the membership must observe the behaviors of others and hold those acting in unethical ways accountable, the ASCE Code of Ethics must always be applied first and most aggressively to “my behavior.” It must never be used as a tool for abusing others or holding others to a standard that “I” am not already modeling.

Because the ASCE Code of Ethics is a part of the “life fabric” of the membership, change, for any but the most serious reasons, is to be discouraged. As a guiding light in the lives of the members, the code must be honored and stable, and any change considered needs to be examined in the light of the aggregated wisdom of the membership. No change in the code must ever be undertaken for parochial reasons or without the advice and consent of the membership.