CHAPTER 2 PROFESSION AND ETHICS Er Padam Oli

CHAPTER 2 PROFESSION AND ETHICS Er. Padam Oli

Profession • A profession can be defined as the systematic knowledge acquired through specialized training or education. • Profession is taken as synonym to job or occupation but is little different from them. • Profession helps providing specialized type of services for the needy person or community. 9/30/2020 2

Characteristics of Profession 1. Systematic knowledge and skills: A profession requires systematic knowledge and skill. Without acquiring systematic knowledge and processing certain skills, the occupation cannot be a profession. Thus medicine, engineering law are considered as profession. 9/30/2020 3

Characteristics of Profession 2. Authenticity of knowledge and skill/ specialized types of services: Because of their knowledge and skills , professionals do have authority and are also honored by the clients. Professionals provide specialized do have some authority and are also honored by the clients. 9/30/2020 4

Characteristics of Professionals provide specialized type of service to the ordinary people that they do not understand. In this regard , professionals get the authority of implementing or utilizing their knowledge or skills on those ordinary people. Hence, the ordinary people have to honor them. 9/30/2020 5

Characteristics of Profession 3. It is a public property and matter of public evaluation: • Professional practice of a professional is subjected to public evaluation. • Their clients are always watching each and every professional behaviour and practice, hence, a professional’s activity usually become a matter of public evaluation. • General people always discuss about the practicing doctors or engineering their behaviors on the society. • In this way, a professional becomes a public property and their clients them to be honorable. 9/30/2020 6

Characteristics of Profession 4. Bound by code of ethics: There will be a code of ethics to regulate the relationship between professionals, clients and colleagues. Professional are required to maintain high morale and high standard of behaviors on the society. They are not free to act as what they desire. Their personal and professional behaviors are controlled by the code of ethics prepared by the professional associations/societies. 9/30/2020 7

Characteristics of Profession 5. Every profession has some set of behavior that is similar of the other people of the same profession: There will be professional culture developed by professional organizations. Every professional do have some set of behaviour that are similar to the other person of the same profession. For example, the different can be seen between the behaviour of the engineers or the behaviors of the lawyers. Their professional societies or the communities help maintain such culture. 9/30/2020 8

Factors affecting the morale of the profession/ engineering 1. 2. 3. 4. 5. Salary Social norms/ values Low morale ( state of despair hopelessness) Implementation of the laws and regulation Lack of political commitment 9/30/2020 9

Professional engineering • Professional engineering can be defined in various ways. • However we can say that the practice of professional engineering is any act of designing, composing evaluating advising reporting, directing, supervising where in the safeguarding of life, health and property or the public welfare is concerned and that requires the application of engineering principles but does not include practicing’s a natural scientist 9/30/2020 10

• Nepal engineering council act, 2055 defines the engineering as the occupation which is done by the engineers. • The engineer has been defined as a person having graduate degree in engineering from the institute reorganized by the council. 9/30/2020 11

Ethics • Ethics can be defined as the science of rightness and wrongs of conducts in purposive action which involves choices and will. • It is the expression of character that is settled habit of will. The will is the self in action. • Thus, ethics is the science of human character as expressed in right or wrong conduct. Rightness and wrongs refers it the good, which are the ideas of human life. • Thus ethics is the science of high test good. It is the science of morality. 12 9/30/2020

Moral and non moral (immoral) action • Moral is concerned with human behaviors and the established norms in the society. • Moral means the standards of behaviour accepted by the culture and religion of the society. • Moral qualities are the behaviour that drives the society forward. • Non-moral is naturally the devoid of moral quality. 9/30/2020 13

Moral and non moral (immoral) action • All actions are not object of moral judgment. • Only voluntary and habitual actions of rational personality objects of moral judgment; we cannot speak of the phenomenon of the nature, eg hurricane, floods famines etc moral or immoral. • The actions of animal are neither moral nor immoral. 9/30/2020 14

Moral Dilemma and Ethical Decision Making 9/30/2020 15

THE TROLLEY PROBLEM 9/30/2020 16

THE TROLLEY PROBLEM 9/30/2020 17

THE FOOTBRIDGE DILEMMA 9/30/2020 18

THE FOOTBRIDGE DILEMMA 9/30/2020 19

Resolving Moral Dilemmas • • • • 1. Moral clarity – Need to know something is wrong! Do not ignore problems! – Loyalty to employer, responsibilities to public and environment (and complex relations between these) 2. Know the facts – Get hard, documented facts, discuss with others – Competence matters in gathering technical facts 3. Consider options – Diversity of actions to take? Evaluate/discuss. – Long-term, short-term perspectives, repercussions? – “Creative middle solution”? 4. Make a reasonable decision – Weigh all factors, recognize “gray areas”/compromises – An engineering design problem? 9/30/2020 20

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Example of Ethical Dilemma Victor is an engineer in a large construction firm. He has been assigned the task of being the sole person to recommend cement for the construction of a large apartment building. After some research and testing, he decides to recommend HIMAL cement for the job, which he determines are of the lowest cost and highest quality. On the day after Victor’s decision was made, an HIMAL representative visits him and gives him a voucher for an all-expense-paid trip to the annual HIMAL Technical Forum, which meets in Bangkok, Thailand. The trip will have considerable educational value, but will also provide day trips to the beach and other points of interest. If Victor accepts, has he been bribed? 9/30/2020 22

• Do you see a “creative middle solution”? • What about affect on future decisions on HIMAL? • What is company policy? Is there an appearance of bribery? • May not be a bribe, but still may not be a good idea! 9/30/2020 23

Why people are unethical? 1. 2. 3. 4. 5. Unawareness (����� ) Insensitivity to issues (����� ) Selfishness (������� ) Faulty reasoning (������� ) Pressure (���� ) 9/30/2020 24

Codes of ethics and guideline for professional engineering practice 1. 2. 3. 4. A code ethics governs the conduct of all practitioners. It endures that engineers practice within their realm of expertise they do so in a fair and ethical manner and they place the good of society above their personnel gain. This is a means by which engineer governs themselves. It is privileged earned over the years through knowledge, experience and trust. 9/30/2020 25

Five fundamental ethical values for codes of ethics 1. Protection of life and safeguarding people. 2. Sustainable management and care for the environment. 3. Community well being 4. Professionalism , integrity and competence 5. Sustaining engineering knowledge. 9/30/2020 26

Rules of conduct: Professional Engineers (PEs) shall: 1. Have proper regard in all their work for the safety and welfare of all persons and for the physical environment affected by their work. 2. Undertake only work that they are competent to perform by virtue of training and experience and shall express opinions on engineering matters only on the basis of adequate knowledge and honesty convictions. 3. Sigh and seal only reports , plans or documents that they have prepared under their direct supervision and controls. 9/30/2020 27

Rules of conduct… 4. Act for their clients or employers as faithful agents or trustees : always acting independently and with fairness and justice to all participants. 5. Not engage in activities or accepts remuneration for services rendered that nay create a conflict of interest with their clients or employers without the knowledge and consent of then clients on employers. 6. Not disclose confidential information without the consent of their clients or employers unless the withholding of information is considered 28 contrary to the safety of the public. 9/30/2020

Rules of conduct… 7. Present clearly to their clients or employers the consequence to be expected if their professional judge is overruled by other authorities n matters pertaining to work for which they are professionally responsible 8. Not offer accept the convert (hidden) payment for the purpose of securing an engineering assignment. 9/30/2020 29

Rules of conduct… 9. Present their qualification competence or advertise professional service only through factual representation without exaggeration. 10. Conduct themselves towards other professional engineers and towards employees and other with fairness and good faith. 11. Report unprofessional practice 9/30/2020 30

Professional code of conduct by NEC 1. 2. 3. 4. 5. 6. 7. 8. Discipline and honesty Politeness and confidentiality Non- discrimination Professional work Deeds which may cause harm to the engineering profession Personal responsibility State name, designation and registration no. No publicity or advertisement must be made which cause unnecessary effect. 9/30/2020 31

Four secular systems or method for making ethical proper and good decisions: 1. Utilitarianism: the principle to be followed is that of beneficiaries . A decision or act is right or good only if it generates amount of benefit for the largest number of people at the lowest cost or harm to others. 2. Universalism the principal to be followed is of consistency. A decision is right or good if everyone faced with the same set of circumstance should be expected to make the same decision. 9/30/2020 32

Four secular systems… 3. Distributive justice – a belief in the primacy of justice. A decision is good and proper if the least advantage member of the society somehow enjoy a better standard of living the decision compared to as they did before. 4. Personal liberty- value of liberty. A decision is right or good only if all members of our society somehow have a greater freedom to develop their own lives after the decision. 9/30/2020 33

Faith of an Engineer I am an engineer. In my profession I take deep pride, but without vainglory: to it owe solemn obligation that I am eager to fulfill. As an engineer, I will participate in none but honest enterprise. To him that has engaged my services, as employer or client. I will give the out most of performance and fidelity. Without needed, my skill and knowledge shall be given without reservation for the public good. From special capacity springs the obligation to use it well in the service of humanity: and I accept the challenge that this implies. Jealous of the high repute of my calling, I will strive to protest the interests and good name of any engineer that I know to be deserving; but I will not shrink, should duty dictate, from disclosing the truth regarding anyone that by unscrupulous act, has shown himself unworthy of the profession. Since the age of stone, human progress has been conditioned by the genius of my professional forbears. By them has been rendered usual to mankind nature’s vast resources of mineral and energy. By them has been vitalized and turned to practical account the principal of science and the relation of the technology. Except for this heritage of accumulated experience, my effort will be feeble. I dedicate myself to the dissemination of engineer knowledge, and, especially to the instruction of younger members of my profession in all its’ art and traditions. To my fellows I pledge in the same full measure I ask of them, integrity and fair dealing, tolerance and respect and devotion to the standards and the dignity of our profession; with consciousness, always that our special expertness carries with it the obligation to serve humanity with complete sincerity. 9/30/2020 34

NEGLIGENCE, TORT, AND LIABILITY 9/30/2020 35

Negligence, Tort, and Liability NEGLIGENCE: q The law expects certain standard of behavior from the citizen it governs. q When a person fails to meet these standards by acting in way the law considers unreasonable that person may be guilty of Negligence. q Negligence is the lack of proper care 36 or attention. 9/30/2020

Element of Negligence: • In order of plaintiff to win damages the attorney must establish the following three elements: i. The defendant has legal obligation to behave in a certain way “Duty of Care” ii. The defendant fail to fulfill this obligation by acting inappropriately “ Breach of that expectation” iii. The plaintiff’s injury ( loss/ damage) was caused because of defendants’ legal breach of contract “ Resulting damage” • Once these three statements are determined to be the case the court may offer compensation to the 37 injured victim of negligence. 9/30/2020

TORT • Tort is an action or inaction of one or more individuals, which leads to loss or damage of another. • The court seeks compensate those who suffers as a result. • This is independent of any contract that might exits. • It is any private or civil wrong (other than breach of contract) for which damage may be claimed. • Tort: (Law) an action that wrongly causes harm to someone but that is not a crime and that is dealt with in a civil court. 9/30/2020 38

Objective of tort law Compensation to victim ii. Transferring the cost of injury from victim to the person responsible for that. iii. Prevention of repetition of harmful action. iv. Defending the law and right of victim i. 9/30/2020 39

Liabilities • Liability is an obligation to pay penalty for full filling or not fulfilling. • Liability is the state of being legally obliged and responsible. • Liability is an obligation to pay money to another party. 9/30/2020 40

Vicarious Liability • A person who commits tort is liable for the damage that he caused. • Another person may also be liable in respect of the same tort even those he did not commit it. • This can arise where an employee commits a tort in the course of employment his employer is also liable for his employee which is known as vicarious liability. (Suffered or done by one person as a substitute for another "vicarious atonement") 9/30/2020 41

Vicarious Liability • In most states a participant in a crime (like a hold-up) may be vicariously liable for murder if another member of the gang shoots and kills a shopkeeper or policeman. (See: liability) • Example: Authorized to do an act properly but did it negligently: • Case of Century Insurance v Northern Ireland Road Transport Board (1942) • A driver was emptying the company’s petrol truck, lit a cigarette, and caused an explosion The company was vicariously liable because the employee was doing his job negligently. 9/30/2020 42

Absolute Liability • Sometimes also called as Strict Liability. • It is primarily found in cases of defective products or services. Examples: • Manufacture of vehicles that contain an accidental structural flaw that causes crashes. • Manufacture of food products that have become tainted, resulting in illness or hazards and lead to illness or death. 9/30/2020 43

Joint and Several Liability • When two or more parties are jointly responsible for an event or act that result in damage to another party. • Each individual is found to be just as responsible as the other and they are held accountable for their actions both together and individually. Example: • Married couple that defaults on a mutual debt. • Doctors who practice in the same group. 9/30/2020 44

Liability in the partner in tort • All the forms of partner are liable for a tort committed by the partner who committed tort. • In the ordinary course of the firm’s business or with the expressed or implied authority of his copartners such liability arises on the basis of vicarious because each partner is the agent of his copartners. • Hence lawyers sue everybody they can find. If one of the parties is unable to pay the share the other parties will be expressed to cover the shortfall. 9/30/2020 45

Duty • “Due”= that which is owing. • Duty conveys a sense of moral commitment or obligation to someone or something. 9/30/2020 46

Types of Liabilities • Liability under contract: e. g. Works not meeting specification. • Liability in tort: For causing injury to others through negligence and reckless action. • Liability under statue: In accordance with the laws and statue. 9/30/2020 47

THANK YOU ! 9/30/2020 48