The University of Zambia

in association with

The Zambia Centre for Accountancy Studies

BACHELOR OF COMMERCIAL LAW

INTRODUTION TO PROFESSIONAL
ETHICS
MODULE
LLB
2
1ST SEMESTER

Author: Chaponga Nguluwe

 Copyright

ALL RIGHTS RESERVED

No part of this publication may be reproduced, stored in a retrieval
system, or transmitted in any form or by any means, electronic or mechanical,
including photocopying, recording or otherwise without the permission of the
Zambia Centre for Accountancy Studies.

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TABLE OF CONTENTS

ALL RIGHTS RESERVED ............................................................................................................................. i

1.0 INTRODUCTION .......................................................................................................................... 1
1.1 MODULE AIM.............................................................................................................................. 1
1.2 OBJECTIVES ................................................................................................................................. 1
1.3 ASSESSMENT DETAILS ................................................................................................................ 2
1.4 READINGS ................................................................................................................................... 2
Prescribed Reading ............................................................................................................................. 2
Recommended Reading ..................................................................................................................... 3
1.5 TIME FRAME ..................................................................................................................................... 3
1.6 STUDY SKILLS .................................................................................................................................... 3
1.7 NEED HELP? ...................................................................................................................................... 4
2.0 UNIT ONE: Introduction to Ethics ............................................................................................... 5
2.1 INTRODUCTION ............................................................................................................................ 5
2.2 AIM ............................................................................................................................................... 5
2.3 OBJECTIVES ................................................................................................................................... 5
2.4 TIME REQUIRED ............................................................................................................................ 6
2.5 REFLECTION .................................................................................................................................. 6
2.6 ...................................................................................................................................................... 7
2.10 ACTIVITIES................................................................................................................................. 30
2.11 SUMMARY ................................................................................................................................ 30
3.0 UNIT TWO: Ethical Priciples……………………………………………………………………………………………………30

4.0 UNIT THREE: Approches toethics……………………………………………………………………………………………….60

5.0 UNIT FOUR: EthicalDilemmas…………………………………………………………………………………………………….68

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1.0 INTRODUCTION

Welcome to Professional Ethics. Professionalism is the conduct, aims or qualities

that characterize or mark a profession or professional person; it implies quality of

workmanship or service. ―Every organization knows that a professional reputation is the

difference between success and failure and they seek to keep their most professional staff.

Professionalism is all about success and influence; having a reputation for excellence and

being thought of as someone who exhibits professionalism under any circumstances can open

doors for you either in the workplace or in your personal ambition‖1. Ethics forms a major

part this too. This means that we get to examine a number of scenarios to gauge how ethics

works2.

1.1 MODULE AIM

The course aims at introducing students to basics in professional ethics and law.

1.2 OBJECTIVES

By the end of the course, students should be able to:

a) Demonstrate knowledge of key concepts in professional ethics

b) Analyse the relationship between ethics and law

1
Valente, L. (2014). 10 Golden Rules to Professional Ethics In The Workplace. [online] Linkedin. Available at:
https://www.linkedin.com/pulse/20140831053426-77080879-10-golden-rules-to-professional-ethics-in-the-
workplace/

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 c) Discuss various ethical values

d) Explain the universal ethical principles

1.3 ASSESSMENT DETAILS

Continuous assessment 30%

Test 20%

Assignment 10%

Final examinations 70%

Total 100%

1.4 READINGS

Prescribed Reading

 Nicholson, D., (2005), “Making Lawyers Moral: Ethical Codes

and Moral Character,” in Legal Studies, Vol. 25 Issue 4 PP 601 – 626

 Parker, G., (2011), Legal Ethics, Melbourne: University of

Melbourne

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Recommended Reading

Paterson, A.A and Ritchie, B., (2006), Law, Practice & Conduct for Solicitors, Edinburgh:

W. Green

Blackburn, S., (2009), Ethics: A Very Short Introduction, New York: Oxford University

Press

1.5 TIME FRAME

 You will need to spend at least 70 hours in total on this module.

 Each unit will require at least 10 hours plus

1.6 STUDY SKILLS

For you to successfully complete this module, you need do the following things:

 Make sure you do all the work that is required of you for each unit that you have been

tasked with to ensure you are progressing

 Think critically and be open minded when accessing the scenarios that will be

presented to you

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  Be impartial in all the scenarios and always think what is the right thing to do not

because it what is right but because it is what is expected of you as a professional

1.7 NEED HELP?

If you need help on the module, please use the following contacts:

Course Tutor

Email: [email protected]

Zambia Centre for Accountancy Studies (ZCAS)

Dedan Kimathi Road, P O Box 35243, Lusaka, Zambia

Tel: +260 1 232093/5, Fax: +260 1 222542

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2.0 UNIT ONE: Introduction to Ethics

2.1 INTRODUCTION

Welcome to professional ethics. Professionalism is the conduct, aims or

qualities that characterize or mark a profession or professional person; it implies

quality of workmanship or service. Every organization knows that a professional reputation

is the difference between success and failure and they seek to keep their most professional

staff.

Professionalism is all about success and influence; having a reputation for excellence and

being thought of as someone who exhibits professionalism under any circumstances can open

doors for you either in the workplace or in your persona life goals. Ethics forms a major part

this too.

2.2 AIM

 to introduce you to the basic concepts of ethics

 Determine the importance of Ethics and the role it plays

 Analyze the various scenarios one can find themselves in when dealing with these

kinds of issues

2.3 OBJECTIVES

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 At the end of this unit you should be able to do the following

 Be able to explain the basic concepts of ethics

 Know the difference between personal development and lifelong learning

 Know the different types of ways in which one can approach an ethical situation

2.4 TIME REQUIRED

You will need 20 hours to get through this unit. Broken down as 16 hours of

study, 2 hours tutorial and 2 hours Consolidation work

2.5 REFLECTION

 You will have tutorials and other tasks uploaded on the portal each

week that you will have to complete.

 You will also be required to complete the consolidation question

uploaded at the end of each topic.

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2.6 What is ethics?

By now you would have probably come across the term ethics and you might even have a

slight idea of what it is. This is what we are here to examine what is it exactly is a question

we shall ask over and over again.

There are plenty of ways to define ethics, and as you can see from the picture above it

encompasses a whole load of concepts. The meaning of ethics is hard to pin down and the

way people look at them of approach ethical dilemmas will vary from place to place and even

cause some controversy. Here are a few definitions to consider;

Images Courtesy of Google images

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Images Courtesy of Google images

 Ethics - the discipline dealing with what is good and bad and with moral duty and

obligation

 The branch of philosophy dealing with values relating to human conduct, with respect

to the rightness and wrongness of certain actions and to the goodness and badness of

the motives and ends of such actions.

 At its simplest, ethics is a system of moral principles. They affect how people make

decisions and lead their lives. Ethics is concerned with what is good for individuals

and society and is also described as moral philosophy. The term is derived from the

Greek word ethos which can mean custom, habit, character or disposition.

As you can see the definitions vary depending on your source but they all come back to the

same thing simply put it‘s about right and wrong.

What, then, is ethics? Ethics is two things. Firstly, ethics refers to well-founded standards of

right and wrong that prescribe what humans ought to do, usually in terms of rights,

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obligations, benefits to society, fairness, or specific virtues. Ethics, for example, refers to

those standards that impose the reasonable obligations to refrain from rape, stealing, murder,

assault, slander, and fraud. Ethical standards also include those that enjoin virtues of honesty,

compassion, and loyalty. And, ethical standards include standards relating to rights, such as

the right to life, the right to freedom from injury, and the right to privacy. Such standards are

adequate standards of ethics because they are supported by consistent and well-founded

reasons.

Secondly, ethics refers to the study and development of one's ethical standards. As mentioned

above, feelings, laws, and social norms can deviate from what is ethical. So it is necessary to

constantly examine one's standards to ensure that they are reasonable and well-founded.

Ethics could also mean,, the continuous effort of studying our own moral beliefs and our

moral conduct, and striving to ensure that we, and the institutions we help to shape, live up to

standards that are reasonable and solidly-based.

Sociologist Raymond Baumhart once asked business people, "What do ethics mean to them.

Among their replies were the following:

 Ethics has to do with what my feelings tell me is right or wrong.

 Ethics has to do with my religious beliefs.

 Being ethical is doing what the law requires.

This then leads to the question what does it mean to be ethical then?

Being ethical is clearly not a matter of following one's feelings. A person following his or her

feelings may recoil from doing what is right. In fact, feelings frequently deviate from what is

ethical. Nor should one identify ethics with religion. Most religions, of course, advocate high

ethical standards. Yet if ethics were confined to religion, then ethics would apply only to

religious people.
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Ethics apply as much to the behavior of the atheist as to that of the devout religious person.

Religion can set high ethical standards and can provide intense motivations for ethical

behavior. Ethics, however, cannot be confined to religion nor is it the same as religion.

Being ethical is also not the same as following the law. The law often incorporates ethical

standards to which most citizens subscribe. But laws, like feelings, can deviate from what is

ethical.

So as you can see it‘s not easy to clearly define ethics nor what being ethical is however there

have been various attempts and all these effort point to it being about right and wrong. So

even when you are assessing a situation remember that it might not be as straight forward as

it looks.

Think Point!!! Pause for a minute and think what does ethics mean to you and make
a list of the standards you have then compare them to the definition above. Are they

enshrined in right and wrong?

2.6.1 The importance of ethics

Though ethics is something that is clearly important in the standards that are expected of

people the question needs to be asked, are they really important to us, do they actually have a

purpose?

Ethics is a requirement for human life. It is our means of deciding a course of action.

Without it, our actions would be random and aimless. There would be no way to work

towards a goal because there would be no way to pick between a limitless number of goals.

Even with an ethical standard, we may be unable to pursue our goals with the possibility of

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success. To the degree which a rational ethical standard is taken, we are able to correctly

organize our goals and actions to accomplish our most important values. Any flaw in our

ethics will reduce our ability to be successful in our endeavors.

Ethics are important because they are an integral part of the professional world and it‘s in this

context that will be looking at ethics. These are some of the qualities and attributes to

consider

 Values

 Morals

 Integrity

 Character

 Laws

These attributes will be considered as you go along at different point in each unit. We

instinctively know that it is good to be moral and act with integrity. Among the reasons to be

moral and integral, regardless of occupation are to:

 Make society better. When we help make society better, we are rewarded with also

making better own lives and the lives of our families and friends. Without moral

conduct, society would be a miserable place.

 Treat everyone equally. Equality is a cornerstone of most Western democracies,

where all individuals are afforded the same rights. This is not possible without the

majority of citizens behaving in a moral manner.

 Secure meaningful employment. Often employers will look at a person‘ past

behaviour as a predictor of future behaviour. Someone who has a history of immoral

behaviour will have difficulty securing employment in a meaningful job, as that

person may not be trusted.

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All this point or gives us an idea of why it is important to value ethics and take it seriously.

Ultimately, ethics is important not so that ―we can understand‖ philosophically, but rather so

we can ―improve how we live‖ according to author Lafollette. By being moral, we enrich our

lives and the lives of those around us. It‘s especially important to live a moral life when we

are young, as it is helpful to exercise and practice these concepts before being confronted

with more complex issues. Lafollette argues that ethics is like most everything else that we

strive to be good requires practice and effort. Practicing and making an effort to make moral

decisions throughout life will pay dividends when we are faced with serious moral dilemmas.

Ethics is also important for those citizens who do not aspire to work in law enforcement.

Successful business leaders often say that treating people morally is a very important aspect

in obtaining success. A person‘s reputation is of key importance for a business leader, and if

a person‘s reputation is damaged by poor ethical conduct, the business will also suffer. The

same is true in all walks of life. Where ethics are taken seriously, and people strive to make

ethical decisions and actions, personal and professional success follows.

It important to be impartial always however some critics and individuals argue that this

attitude is self-serving and that some individuals act ethically only for their own self-interest

to be successful or happy. Critics would add that this is not the right reason to be ethical, and

therefore is not being truly ethical. A counter argument may be that the action itself can be

regarded as ethical, regardless of the reason for taking the action. This perspective focuses

more on the end result rather than the means to the end.

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Think Point!!!! So which do you think then is the reason we act or try to act

ethically?

How do you know as an individual if you pass the ethics test?

As an individual, you can ask yourself what society would be like if everyone conducted

their moral selves like you do. Would society be better or worse? By asking yourself this

question, you are really testing the universality of your behaviour. Immanuel Kant, a famous

scholar of ethics, suggests we should only act in ways that we would want everyone else in

the same situation to act. We should also consider any way that we can improve our moral

life to make society better.

2.6.2 Professionalism and Ethics

Whilst we already know what ethics is, the other issue we have to look at in conjunction with

it is that element of professionalism. This is something you will be faced with constantly

when dealing with ethics in your profession. You will always have to ask yourself what is

required me ethically as a professional?

What is professionalism then? It‘s not the easiest thing to define again but something one

tends to exhibit. It could be described as the conduct, aims, or qualities that characterize or

mark a profession or a professional person.

Think Point!!!! Find four examples of PROFESSIONALISM

Here are two scenarios where professionalism comes into play.

 A high level of professionalism is expected when working with clients in law.

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  She is highly respected for her professionalism because she does her job correctly and

efficiently.

According to Bruce Nussbaum in an article in Business Week Magazine he claimed it was

difficult not to contrast the professionalism of modestly paid firefighters and police doing

their duty on September 11 (New York attacks) with the secretive behavior of six- and seven-

figure accountants, lawyers, CEOs, bankers, and financial analysts who failed at their duty

with Enron. You know that it's essential to be professional if you want to be a success. But

what does "being professional" actually mean?

For some, being professional might mean dressing smartly at work, or doing a good job. For

others, being professional means having advanced degrees or other certifications, framed and

hung on the office wall. Professionalism encompasses all of these definitions. But, it also

covers much more. So, what is professionalism, and why does it matter? And how can you be

completely professional in your day-to-day role?

Professionalism is the conduct, aims or qualities that characterize or mark a profession or

professional person; it implies quality of workmanship or service. Every organization knows

that a professional reputation is the difference between success and failure and they seek to

keep their most professional staff.

Professionalism is all about success and influence; having a reputation for excellence and

being thought of as someone who exhibits professionalism under any circumstances can open

doors for you either in the workplace or in your personal ambition.

The Merriam-Webster dictionary defines professionalism as "the conduct, aims, or qualities

that characterize or mark a profession or a professional person"; and it defines a profession

as "a calling requiring specialized knowledge and often long and intensive academic

preparation." As you can see these definitions imply that professionalism encompasses a
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number of different attributes, and, together, these attributes identify and define a

professional. This attributes are the attributes you will need to show as a lawyer. Some of the

attributes that you need to show are listed below as part of the 10 golden rules of

professionalism. These may be expressed differently by many writers but the general concept

remains the same.

 Always strive for excellence; this is the first rule to achieving greatness in

whatever endeavor you undertake this is the quality that makes you and your

work stand-out. Excellence is a quality of service which is unusually good and so

surpasses ordinary standards, it should be made a habit for it to make a good

impression on your bosses and colleagues.

 Be trustworthy; in today‘s society trust is an issue and any employee who

exhibits trustworthiness is on a fast track to professionalism. Trustworthiness is

about fulfilling an assigned task and as an extension- not letting down

expectations, it is been dependable, and reliable when called upon to deliver a

service. In order to earn the trust of your bosses and colleagues, worth and

integrity must be proven over time.

 be accountable; to be accountable is to stand tall and be counted for what actions

you have undertaken, this is the blameworthiness and responsibility for your

actions and its consequences- good or bad.

 Be courteous and respectful; courteousness is being friendly, polite and well-

mannered with a gracious consideration towards others. It makes social

interactions in the workplace run smoothly, avoid conflicts and earn respect.

Respect is a positive feeling of esteem or deference for a person or organization; it

is built over time and can be lost with one stupid or inconsiderate action.

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 Continued courteous interactions are required to maintain or increase the original

respect gained.

 be honest, open and transparent; honesty is a facet of moral character that

connotes positive and virtuous attributes such as truthfulness, straightforwardness

of conduct, loyalty, fairness, sincerity, openness in communication and generally

operating in a way for others to see what actions are being performed. This is a

virtue highly prized by employers and colleagues, for it builds trust and increases

your personal value to all.

 Be competent and improve continually; competence is the ability of an

individual to do a job properly, it is a combination of knowledge, skills and

behavior used to improve performance. Competency grows through experience

and to the extent one is willing to learn and adapt. Continuous self-development is

a pre-requisite in offering professional service at all times.

If you can exhibit these traits as an individual then you should have very little problems at

work when it comes to being a professional and ethically sound as most of the time the more

professional an individual is the more likely they are to be ethically sound as this will

promote the integrity of the individual.

The relationship between professionalism and ethics goes back a long way. Most if not all

business now have professional codes of conduct that will give guidance on how an

individual is expected to act in their capacity as a representative of the organization. It all

comes down to making the right decision in the right way and the right manner not because

you have to but because it‘s the right thing to do not only ethically but professionally.

You will come across many obstacles where you will be challenged not only professionally

but ethically as well. Codes of conduct and ethical decision making frame works are now

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available in many organizations to assist you the individual. In law we have the legal

practitioner guide as well as individual firm‘s codes of conduct.

Think Point!!!! Does one have to professional in all that they do if they are dealing

with individuals outside business hours?

2.7 A framework of rules

The UN has always emphasized on the idea that strong rule of law is essential as a

foundation for economic and social development. Therefore the framework of rules that we

shall come across seeks to advance the rule of law by engaging responsible business to

support the building and strengthening of legal frameworks and encourage accountability.

Each organization has its own frame work of rules but don‘t forget that each profession also

has a professional body that will oversee the operation of those involved in the particular

sector be it doctors, lawyers or accountants. The framework is simply a set of rule that have

been put together to make sure that all are adhering to what is required. It‘s a set of ideas,

rules, or beliefs from which something is developed, or on which decisions are based. This

will in turn allow great transparency and foster a system where accountability in paramount.

In the legal sector the aim of the legislation or rules is to provide a framework for employers

and law firms to operate in.

The Frameworks for these organizations establishes all the procedures that should be

followed at all stages. It‘s also important that dialogue should be open and continue between

all those concerned.

A different number of frameworks will be looked at later on in the module.

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2.8 Ethical guidelines and ethical code of practice

A code of ethics is a guide of principles designed to help professionals conduct business

honestly and with integrity. A code of ethics document may outline the mission and values of

the business or organization, how professionals are supposed to approach problems, the

ethical principles based on the organization's core values and the standards to which the

professional is held. The ethical guidelines and the ethical code of practice are the different

codes that the organization will have that will guide their employees, students or personnel.

The code of ethics and standards of professional conduct are the ethical benchmark for

professionals around the globe, regardless of job title, cultural differences, or local laws.

What do the guidelines and codes of practice cover?

The code of ethics maintains that you must:

 Place the integrity of the profession and the interests of clients above your own

interests

 Act with integrity, competence, and respect

 Maintain and develop your professional competence

The standards of professional practice cover:

 Professionalism and integrity of the capital markets

 Duties to clients and employers

 Investment analysis and recommendations

 Conflicts of interest and your responsibilities

Law firms, businesses and trade organizations typically have some sort of code of ethics that

its employees or members are supposed to follow. Breaking the code of ethics can result in

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termination or dismissal from the organization. A code of ethics is important because it

clearly lays out the rules for behavior and provides a preemptive warning.

Regardless of size, businesses count on their management staff to set a standard of ethical

conduct for other employees to follow. The tone at top in terms of behavior is highly

valuable. If administrators adhere to the code of ethics, it sends a message that universal

compliance is expected of every employee. This will be same for lecturers and students.

In the process of making decisions regarding their professional behavior lawyers must

consider their ethics code in addition to applicable laws and board regulations (i.e. LAZ). In

applying the ethics code to their professional work they may consider other materials and

guidelines that have been adopted or endorsed by other professionals and organizations as

well as consult with others within the field. If this ethics code establishes a higher standard of

conduct than is required by law, the one must meet the higher ethical standard. If the ethical

responsibilities conflict with law, regulations, or other governing legal authority, one must

make known their commitment to this ethics code and take steps to resolve the conflict in a

responsible manner in keeping with basic principles of human rights.

As you can see from the paragraphs above there is a lot of emphasis placed on the ethical

guidelines and code of conduct and the professional practice standards to be expected. There

are different versions of the codes that exist from value based approaches to compliance

based approaches. As you can tell from the meaning of the wording value based approach

will be; a value-based code of ethics deals with a company's/firms core value system. It may

discuss standards of responsible conduct as they relate to the larger public good. Value-based

ethical codes may require a greater degree of self-regulation than compliance-based codes

which are a type of code of ethics is based on clear-cut rules and well-defined consequences

rather than individual monitoring of personal behavior.

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Think point!!! Do you know what your code of conduct is as a student of the

institution?

2.9 PERSONAL DEVELOPMENT AND LIFE LONG LEARNING

These are two concepts that are very popular in in professional ethics as they aid you the

individual to be better qualified and develop the requisite skills. Though the two are similar

they are distinct concepts and can be looked at individually. In the next few paragraphs will

examine the two concepts separately and how they operate. However when looking at both

keep in mind when do they start and when do they end?

2.9.1 Lifelong Learning

Lifelong learning may be broadly defined as learning that is pursued throughout life: learning

that is flexible, diverse and available at different times and in different places. Lifelong

learning crosses sectors, promoting learning beyond traditional schooling and throughout

adult life (i.e. post-compulsory education). This definition is based on Delors‘ (1996) four

‗pillars‘ of education for the future.

o Learning to know - mastering learning tools rather than acquisition of

structured knowledge.

o Learning to do – equipping people for the types of work needed now and in

the future including innovation and adaptation of learning to future work

environments.

o Learning to live together, and with others – peacefully resolving conflict,

discovering other people and their cultures, fostering community capability,

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 individual competence and capacity, economic resilience, and social

inclusion.

o Learning to be – education contributing to a person‘s complete development:

mind and body, intelligence, sensitivity, aesthetic appreciation and spirituality.

This is underpinned by "Learning to Learn". Lifelong learning can instill creativity, initiative

and responsiveness in people thereby enabling them to show adaptability in post-industrial

society through enhancing skills to:

 Manage uncertainty,

 Communicate across and within cultures, sub-cultures, families and communities,

 Negotiate conflicts.

The emphasis is on learning to learn and the ability to keep learning for a lifetime. The

European Commission in a 2000 report found that lifelong learning has ―Four broad and

mutually supporting objectives: personal fulfillment, active citizenship, social inclusion and

employability/adaptability‖. In this regard, lifelong learning has life wide dimensions that

transcend narrow economic and vocational aspects. This means that it goes beyond just

picking up skills but so much more.

The European Lifelong Learning Initiative defines lifelong learning as ―…a continuously

supportive process which stimulates and empowers individuals to acquire all the knowledge,

values, skills and understanding they will require throughout their lifetimes and to apply

them with confidence, creativity and enjoyment, in all roles circumstances, and

environments.‖

Does it really go on for an entire life time? And when does it actually start? It could be

argued that it probably starts from the minute one is able to recognize something i.e. from the

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time a fetus is able to recognize sound it has been argued that learning would have begun by

then.

The Belém Framework for Action refers to lifelong learning as ―an organizing principle of all

forms of education‖.

―The entire education system is designed to facilitate lifelong and ‗life wide‘ learning and the

creation of formal, non-formal and informal learning opportunities for people of all ages…

The concept of lifelong learning requires a paradigm shift away from the ideas of teaching

and training towards those of learning, from knowledge-conveying instruction to learning for

personal development and from the acquisition of special skills to broader discovery and the

releasing and harnessing of creative potential. This shift is needed at all levels of education

and types of provision, whether formal, non-formal or informal. (UNESCO Education

Strategy 2014-2021)

Consider the two illustrations below just to see how this concept works from UNESCO AND

THE SWEDISH NATIONAL AGENCY OF EDUCATION

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In Sweden, the National Agency for Education has put forward a conceptual framework for

both lifelong learning and life-wide learning (see Skolverket 2000). Lifelong learning is seen

as a holistic view of education and recognizes learning from different environments. As

shown in the figure above, it consists of two dimensions

1. Lifelong learning recognizing that individuals learn throughout a lifetime, and

2. Life-wide learning recognizing the formal, non-formal and informal settings.

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24 | P a g e
The lifelong dimension is relatively non-problematic, as it simply comprises what an

individual learns throughout life. It is widely accepted that as knowledge and skills become

obsolete, individuals continuously update their competencies in a process of continuous

learning.

The life-wide dimension is more complex, as it embraces an extensive range of learning

settings and contexts, such as set out in table below.

Formal Non-formal Informal

ACE institutions Labour market programs Clubs

Universities Professional associations Libraries

VET providers On-the-job training Museums

High schools Work experience programs Art galleries

Primary schools Volunteer organizations Playgrounds

Pre-schools Childcare centers Families

---------------------------------------------------------------------------------------------

The distinction between formal and non-formal learning environments is about where

learning takes place. Formal learning occurs within institutions established primarily to

deliver education and training, often leading to recognized outcomes and qualifications. Non-

formal learning has intended education and training outcomes; however, the setting is outside

dedicated learning institutions, most often in places where learning is not the primary

business.

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Informal learning is distinguishable by intent. It can occur almost anywhere, but as a by-

product of other activities. It is often unplanned and without explicit emphasis on learning,

yet may still lead to the acquisition of valuable skills, knowledge and attitudes.

A skilled population is the key to a country‘s sustainable development and stability. As a

consequence, policy attention to Technical and Vocational Education and Training (TVET) is

increasing worldwide. Lifelong learning is about meeting the diverse and context-specific

learning needs of all age groups, including the acquisition of basic literacy technical skills

through both formal education and effective alternative pathways to learning. Adult learning

and education, TVET and literacy, all represent significant components of the lifelong

learning process.

Two ground-breaking reports on lifelong learning by UNESCO (Learning to Be, Faure

Report, 1972; Learning: The Treasure Within, Delors Report, 1996) articulated

fundamental principles of lifelong learning. The Belém Framework for Action now also

affirms the role of lifelong learning in addressing global educational issues and development

challenges.

Make sure that you familiarize yourself with these reports as they are a great source of

knowledge. It is essential that you are able to explain the concept of lifelong learning which

can simply be summarized as the learning that continually takes place throughout one‘s life.

Think Point!!!! Which of these learning experiences have you gone through? Are
they some that a new to you. Take a few minutes to reflect before moving on.

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2.9.2 Personal Development

This is the other concept that we have to examine. Personal development is a lifelong

process. It is a way for people to assess their skills and qualities, consider their aims in life

and set goals in order to realize and maximize their potential. Although early life

development and early formative experiences within the family, at school, etc. can help to

shape us as adults, personal development should not stop later in life.

As you can already see it‘s a bit confusing and very similar to lifelong learning and even the

term shows up in the definition of personal development. This begs the questions are they

two very different concepts or are they intertwined? From the outset what you should know

is that though the two are separately looked at they are actually intertwined and that personal

development is actually a subset of lifelong learning meaning they cannot be separated

completely.

There are many ideas surrounding personal development, one of which is Abraham Maslow's

process of self-actualisation.

Self-Actualisation

Maslow suggests that all individuals have an in-built need for personal development which

occurs through a process called self-actualisation. The extent to which people are able to

develop depends on certain needs being met and these needs form a hierarchy. Only when

one level of need is satisfied can a higher one be developed. As change occurs throughout

life, however, the level of need motivating someone‘s behaviour at any one time will also

change. Consider the figure below regarding those needs

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  At the bottom of the hierarchy are the basic physiological needs for food, drink, sex

and sleep, i.e., the basics for survival.

 Secondly are the needs for safety and security in both the physical and economic

sense.

 Thirdly, progression can be made to satisfying the need for love and belonging.

 The fourth level refers to meeting the need for self-esteem and self-worth. This is the

level most closely related to ‗self-empowerment‘.

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  The fifthly level relates to the need to understand. This level includes more abstract

ideas such as curiosity and the search for meaning or purpose and a deeper

understanding.

 The sixthly relates to aesthetic needs of beauty, symmetry and order.

 Finally, at the top of Maslow‘s hierarchy is the need for self-actualisation.

Maslow argues that all individuals have the need to see themselves as competent and

autonomous, also that every person has limitless room for growth. Self-actualisation refers to

the desire that everybody has ‗to become everything that they are capable of becoming‘. In

other words, it refers to self-fulfilment and the need to reach full potential as a unique human

being. For Maslow, the path to self-actualisation involves being in touch with your feelings,

experiencing life fully and with total concentration.

Personal development according to Jim Rohn

Personal development is a push. It‘s a struggle. It‘s a challenge. There would not be any

winning without a challenge. That‘s what life is all about. It‘s the struggle and the challenge

to develop ourselves and our skills to see what we can create in the way of value in the

marketplace. Life is all about creating skills and value and taking those skills and value to the

marketplace and what it will return for you. Now it also has a social part, a spiritual part as

well as a physical part.

As you can see both he and Maslow are thinking on the same lines and as the same needs that

Maslow highlights can fall into the categories Rohn notes.

Think Point!!! What are some of the goals you have in order personally develop?

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2.10 ACTIVITIES

Tutorials will be uploaded unto the portal every single week make sure you do all the work

that is put up on the student portal.

2.11 SUMMARY

Ethics and professionalism are part of the work sector no matter where you

go. They provide you with guidance on what is to be expected of you as an

individual in the work place. The way you respond will be aided by the

lifelong learning process that you go through as well as how you develop as an individual.

In the next unit we shall be looking and the various ethical principles.

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3.0 UNIT TWO: ETHICAL PRINCIPLES

3.1 INTRODUCTION

As we have already established what ethics is the next thing we shall be moving

onto is the various ethical principles in the different context that they apply in. we

know that ethics is about doing the right things all along so we shall compare it to morality,

business principles as well as religious principles and law.

3.2 AIM

 to compare ethics and morals

 To compare ethics and business

 To compare ethics and law

 To compare ethics and religion

3.3 OBJECTIVES

At the end of this unit you should be able to do the following

 Clearly differentiate with ethics with morals

 Clearly differentiate with ethics with morals

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  Clearly differentiate with ethics with morals

 Clearly differentiate with ethics with morals

3.4 TIME REQUIRED

You will need 10 hours to get through this unit. Broken down as 8 hours of

study, 1 hour tutorial and 1 hour Consolidation work

3.5 REFLECTION

 You will have tutorials and other tasks uploaded on the portal

each week that you will have to complete.

• You will also be required to complete the consolidation question

uploaded at the end of each topic.

3.6 Ethics and Morals

Ethics - the discipline dealing with what is good and bad and with moral duty and obligation.

It‘s the branch of philosophy dealing with values relating to human conduct, with respect to

the rightness and wrongness of certain actions and to the goodness and badness of the

motives and ends of such actions. At its simplest, ethics is a system of moral principles. They

affect how people make decisions and lead their lives. Ethics is concerned with what is good
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for individuals and society and is also described as moral philosophy as alluded to in the

previous unit.

Morals on the other hand can be defined as follows; Morality speaks of a system of behavior

in regards to standards of right or wrong behavior. The word carries the concepts of: (1)

moral standards, with regard to behavior; (2) moral responsibility, referring to our

conscience; and (3) a moral identity, or one who is capable of right or wrong action.

Common synonyms include ethics, principles, virtue, and goodness. Morality has become a

complicated issue in the multi-cultural world we live in today.

Morality is very subjective in its nature because it‘s all down to the individual. Morals differ

from person to person and for a topic as subjective as morality, people sure have strong

beliefs about what's right and wrong. Yet even though morals can vary from person to person

and culture to culture, many are universal, as they result from basic human emotions. We

may think of moralizing as an intellectual exercise, but more frequently it's an attempt to

make sense of our gut instincts.

Morals can also be defined as the social, cultural and religious beliefs or values of an

individual or group which tells us what is right or wrong. They are the rules and standards

made by the society or culture which is to be followed by us while deciding what is right.

Some moral principles are:

 Do not cheat

 Be loyal

 Be patient

 Always tell the truth

 Be generous

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Morals refer to the beliefs what is not objectively right, but what is considered right for any

situation, so it can be said that what is morally correct may not be objectively correct.

 Morality and Our Behavior

Morality describes the principles that govern our behavior. Without these principles in place,

societies cannot survive for long. In today's world, morality is frequently thought of as

belonging to a particular religious point of view, but by definition, we see that this is not the

case. Everyone adheres to a moral doctrine of some kind.

Morality as it relates to our behavior is important on three levels. Renowned thinker, scholar

and author C.S. Lewis defines them as: (1) to ensure fair play and harmony between

individuals; (2) to help make us good people in order to have a good society; and (3) to keep

us in a good relationship with the power that created us. Based on this definition, it's clear

that our beliefs are critical to our moral behavior.

On Point 1, Professor Lewis says most reasonable people agree. By Point 2, however, we

begin to see problems occurring. Consider the popular philosophy "I'm not hurting anyone

but myself," frequently used to excuse bad personal choices. How can we be the good people

we need to be if we persist in making these choices, and how will that result not affect the

rest of our society? Bad personal choices do hurt others. Point 3 is where most disagreement

surfaces. While the majority of the world's population believes in God, or at least in a god,

the question of Creation, as a theory of origins, is definitely hotly debated in today's society.

A recent report in Psychology Today concluded: "The most significant predictor of a person's

moral behavior may be religious commitment. People who consider themselves very

religious were least likely to report deceiving their friends, having extramarital affairs,

cheating on their expenses accounts, or even parking illegally." Based on this finding, what

we believe about Creation has a decided effect on our moral thinking and our behavior.

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Without belief in a Creator, the only option that seems to be left is to adhere to moral

standards we make up for ourselves. Unless we live in a dictatorial society, we are free to

choose our own personal moral code. But where does that freedom come from? The view of

many who do not adhere to Creation is that morality is a creation of humanity, designed to

meet the need of stable societies. All kinds of life are in a process of deciding between life

and death, choosing what to do with power and/or authority. This ultimately leads to a

system of virtues and values. The question is: what happens when our choices conflict with

each other? What if something I believe I need in order for my life to continue results in

death for you? If we do not have an absolute standard of truth, chaos and conflict will result

as we are all left to our own devices and desires.

 Morality and Our Conscience

Morality impacts our everyday decisions, and those choices are directed by our conscience.

Again, we must decide for ourselves where the conscience originates. Many people hold to

the idea that the conscience is a matter of our hearts, that concepts of right, wrong, and

fairness are "programmed" in each of us. This is in keeping with the writings of Paul the

Apostle, who points out that even those who do not believe in God frequently obey God's

laws as given in the Ten Commandments: "for when Gentiles, who do not have the law, by

nature do the things in the law, these, although not having the law, are a law to themselves,

who show the work of the law written in their hearts, their conscience also bearing witness,

and between themselves their thoughts accusing or else excusing them" (Romans 2:14-15,

NKJV). Again, those who do not believe in God are left with the only possible conclusion

they can come to - that our decisions are based solely on our need to survive. What we call

our conscience, then, would be based on learned behavior, rather than part of a Divine

design.

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3.6.1 Morals vs. ethics

The word Morals is derived from a Greek word “Mos” which means custom. On the other

hand, if we talk about Ethics, it is also derived from a Greek word “Ethikos” which means

character. Put simply, morals are the customs established by group of individuals whereas

ethics defines the character of an individual.

While morals are concerned with principles of right and wrong, ethics are related to right and

wrong conduct of an individual in a particular situation. Many use the two terms as

synonyms, but there are slight and subtle differences between morals and ethics. Ethics and

morals relate to right and wrong conduct. While they are sometimes used interchangeably,

they are different: ethics refer to rules provided by an external source, e.g., codes of conduct

in workplaces or principles in religions. Morals refer to an individual‘s own principles

regarding right and wrong. Consider the comparison chart below highlighting the general

differences in moral and ethics courtesy of the Engineering the Ethic Man website which

narrows down plenty of ideas as raised already.

Ethics Morals

What are they? The rules of conduct Principles or habits with

recognized in respect to a respect to right or wrong

particular class of human conduct. While morals also

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 actions or a particular group prescribe dos and don'ts,

or culture. morality is ultimately a

personal compass of right

and wrong.

Where do they come from? Social system - External Individual - Internal

Why we do it? Because society says it is the Because we believe in

right thing to do. something being right or

wrong.

The "Gray" A person strictly following A Moral Person although

Ethical Principles may not perhaps bound by a higher

have any Morals at all. covenant, may choose to

Likewise, one could violate follow a code of ethics as it

Ethical Principles within a would apply to a system.

given system of rules in "Make it fit"

order to maintain Moral

integrity.

Acceptability Ethics are governed by Morality transcends

professional and legal cultural norms

guidelines within a particular

time and place

Applicability in Business Yes No

Expression Ethics are abstract. Morals are expressed in the

form of general rules and

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 statements.

As you can see there is a difference between the two even though they are similar and they

are used interchangeably generally speaking. Ethics are more professional in general whereas

morals are subjective in nature. Consider the scenarios below do you agree with them?

 If the son of a big politician has committed a crime and he uses his powers to free his

son from legal consequences. Then this act is immoral because the politician is trying

to save a culprit.

 A very close friend or relative of an interviewer comes for an interview and without

asking a single question, he selects him. This act is unethical because the selection

process must be transparent and unbiased.

 A grocer sells adulterated products to his customers to earn more profit. This act is

neither moral nor ethical because he is cheating his customers and profession at the

same time.

3.6.2 Consistency and Flexibility

Ethics are very consistent within a certain context, but can vary greatly between contexts. For

example, the ethics of the medical profession in the 21st century are generally consistent and

do not change from hospital to hospital, but they are different from the ethics of the 21st

century legal profession.

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An individual‘s moral code is usually unchanging and consistent across all contexts, but it is

also possible for certain events to radically change an individual's personal beliefs and

values.

3.6.3 Conflicts between Ethics and Morals

One professional example of ethics conflicting with morals is the work of a defense attorney.

A lawyer‘s morals may tell her that murder is reprehensible and that murderers should be

punished, but her ethics as a professional lawyer, require her to defend her client to the best

of her abilities, even if she knows that the client is guilty.

Another example can be found in the medical field. In most parts of the world, a doctor may

not euthanize a patient, even at the patient's request, as per ethical standards for health

professionals. However, the same doctor may personally believe in a patient's right to die, as

per the doctor's own morality.

Every single individual has some principles which help throughout his/her life to cope up

with any adverse situation; they are known as ethics. On the other hand, Morals are not the

hard and fast rules or very rigid, but they are the rules which a majority of people consider as

right. That is why the people widely accept them. This is all for differentiating Morals from

Ethics that you should be aware off.

Think point!!!! Consider this, is there is really difference between the two when we
really come down to the crux issues covered by the two? Read the following after

https://plato.stanford.edu/entries/morality-definition/

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3.7 Ethics and business

The next segment that we move onto is business ethics. We already know what the definition

of ethics is so now we look at ethics in the business place. In the business place it‘s usually

referred to as business ethics. Ethics has its place in nearly all professional disciplines. The

medical profession, legal profession, accounting profession and countless others maintain

individual codes of conduct that guide the manner in which those professionals should

behave. It addresses concepts of morality such as good and evil, right and wrong, virtue and

vice, justice and crime. In some respects, it relates to the poem by Robert Fulghum ―All I

ever really needed to know, I learned in Kindergarten‖. Wouldn‘t the business world be an

easier place if we all lived by those simple rules?

“These are the things I learned: Share everything. Play fair. Don’t hit people. Put things

back where you found them. Clean up your own mess. Don’t take things that aren’t yours.

Say you’re sorry when you hurt somebody. Wash your hands before you eat. Flush. Warm

cookies and cold milk are good for you. Live a balanced life. Learn some and think some and

draw and paint and sing and dance and play and work some every day.”

These concepts will be touched on a little later in the segment.

The business world is much more complicated than sandbox days. The concept of business

ethics, although not all that different from kindergarten rules, can be difficult to instill in

business practices. The concept in a vacuum may seem obvious, but in application, the

concept can become blurred.

The development of voluntary, written codes of conduct has been a practice for many years.

For example, the American Medical Association established its first code of conduct in 1847.
40 | P a g e
The concept of ―business ethics‖ didn‘t become common in the U.S. until the early 1970s.

The idea of a socially-responsible company or one that is motivated to behave morally or

ethically arose following public outrage over various business scandals. Scandals led to

increased regulatory scrutiny which led to companies developing their own business ethics

policies. Outsiders have questioned the motivation of the trend for businesses to put in

writing a ―Business Ethics Policy.‖ In spite of increased regulatory attention and companies‘

self-promotion of ethical conduct, 10 years after the Enron scandal incidents of questionable

business conduct continue. The action of the financial industry that came to light in the fall of

2008 and nearly brought down the national economy is a case in point. What went wrong? Or

what isn‘t clear?

The term ―ETHICS‖ can be dissected into components in order to evaluate which aspects are

working in your organization and where there is room for improvement.

 EVERYONE IS RESPONSIBLE

 TONE AT THE TOP IS ESSENTIAL

 HONESTY IS STILL THE BEST POLICY

 INTEGRITY CAN BE A MEASURE OF ETHICS

 CORPORATE RESPONSIBILITY & COMMUNICATION MUST BE

PREVALENT

 SILENCE IS NOT ACCEPTABLE

We can examine some of these principles and expand on them and how they correlate to

some of the things that one should have learnt at kindergarten.

Everyone is responsible: Kindergarten correlation: Put things back where you found

them, Clean up your own mess.

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All too often, when the word ethics is brought into a conversation, individuals tend to

promulgate that its primary responsibility lies with the leaders of the organization. Although

it is true that ethical behavior must be demonstrated at the top, it is an imperative for

everyone in the organization to display similar behavior. Just as we each learned in

Kindergarten to be personally responsible (put things back where you found them; clean up

your own mess), each employee from top to bottom must be committed to ethical behavior

for a company to be successfully moral. The codes and rules in place must be more than a

written document; it must be practiced and evident in the behavior of the organization.

Corporate responsibility and communication must be prevalent. Kindergarten

translation: Warm cookies and milk are good for you.

Since the early 1960‘s when business ethics came in vogue, the topic of corporate

responsibility, ethical behavior and compliance have been on the radar on many regulatory

agencies. Yet corporate responsibility goes far beyond environmental initiatives, community

support and being a good neighbor. It extends past ―warm cookies and milk‖ for co-workers

birthdays. Corporate responsibility is owned by each and every employee. Whether it is a

dedication to recycling efforts, contributing to community causes, or providing appropriate

feedback to your staff and supervisors on how to make the business better, this is the true

intent of corporate responsibility. Organizations must learn to embrace the concept that

individuals who work in the organization have day to day observations that can improve

operations and business processes. The inability to encourage that feedback from employees

and to find an outlet to use these creative ideas, itself is a failure of corporate responsibility.

Integrity can be a measure of ethics; Kindergarten translation: Live a balanced life

If someone had you name the top 3 people in history that you felt displayed unquestionable

integrity, would those same individuals measure high on the ethics scale? Most likely they

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would. Integrity is adherence to a moral code, reflected in honesty and harmony in what one

thinks, says and does. As such, those who we regard with high integrity normally possess a

strong set of morale ethics. From a corporate viewpoint, are the members of your leadership

team individuals whom the employee population will view as having strong integrity and

morale ethics? These are the people employees will look to emulate. This is the mirror into

your future organization.

These concepts go some way in expanding the business ethics knowledge an individual will

have but it also make its paramount that one understands why business ethics are looked at

this way. But we need to expand even further of the ethics involved in business.

Unethical Behavior

Unethical behavior in business is not just a recent phenomenon. In the sixth century, B.C.,

the philosopher Anacrusis once said, ―The market is a place set apart where men may deceive

one another.‖ And Two centuries later, Diogenes was spotted carrying around a lighted lamp,

up and down the city streets, in the middle of the day. When asked what he was doing, he

replied, that he was looking for an honest man.

As you can from both quotes there is this element of the business world being a deceiving

minefield. Think about it, how many businesses are truly honest in their dealings. There is a

lot of unethical behavior that goes on in business and one does not even have to go far to see

it. We can further expand on what business ethics is about, its encompasses,

 Decision-Making

 By People in Business

 According to Moral Principles or Standards

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Decision making - Ethical decision-making involves the ability to discern right from wrong

along with the commitment to do what is right. Some factors affecting decision-making

include

 Issue Intensity (i.e. how important does the decision-maker perceive the issue to be?

Can be influenced by company/management emphasis)

 Decision-Maker‘s Personal Moral Philosophy

 Decision-Maker‘s Stage of Moral Development

 Organizational Culture

This is where that individual‘s development in lifelong learning and personal development

comes back into play. There are some guidelines as to what steps one can take to make

ethical decisions in business.

8 Steps to Sound, Ethical Decision-Making

 Gather as many relevant & material facts as circumstances permit.

 Identify the relevant ethical issues (consider alternative viewpoints)

 Identify, weigh & prioritize all the affected parties (i.e. stakeholders)

 Identify your existing commitments/obligations.

 Identify various courses of action (dare to think creatively)

 Identify the possible/probable consequences of same (both short & long-term)

 Consider the practicality of same.

 Consider the dictates and impacts upon your character & integrity.

If you can follow these then most likely you will make the right decision. But you will come

across some issues that you will need to deal with such as the Disclosure Test which is:

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How comfortable would I feel if others, whose opinion of me I value, knew I was making

this decision?

This will may affect you decision making process however you should remain on the right

path irrespective of the challenge raised by disclosure tests. Remember the higher the level of

a decision-maker the greater the impact of the decision and the wider the range of

constituencies that will be affected by the decision. Hence making sure that nothing

personally affects the way you make that decision.

By People in Business

The moral foundation of the decision-maker matters. Remember how morality works from

you notes earlier. ―He doesn‘t have a moral compass.‖ Whistleblower Sherron Watkins

describing Andrew Fastow, former CFO of Enron. Look up Enron and see how that

company collapsed. Ultimately, one's own motivation for ethical behavior must be internal to

be effective. External motivation has a limited value -- punishment and fear is only effective

in the short-run. If people believe that they are above the law, they will continue to act

unethically. Organizations that have a clear vision, and support individual integrity are

attractive places of employment.

According to Moral Principles or Standards

Values are guiding constructs or ideas, representing deeply held generalized behaviors,

which are considered by the holder, to be of great significance and morals are a system or

set of beliefs or principles, based on values, which constitute an individual or group‘s

perception of human duty, and therefore which act as an influence or control over their

behavior. Morals are typically concerned with behaviors that have potentially serious

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consequences or profound impacts. Therefore these will play a major part on how the

individual makes a decision.

The historian Arnold Toynbee observed: "Out of 21 notable civilizations, 19 perished not by

conquest from without but by moral decay from within." This highlights the major weight

that morals carry. .Albert Einstein once said that ―The most important human endeavor is the

striving for morality in our actions. Our inner balance and even our very existence depend on

it. Only morality in our actions can give beauty and dignity to life‖.

Think Point!!!! is enough being done by business regulators in Zambia to ensure that
people trade honestly?

3.8 Ethics and Religion

Just as we have looked at the relationship between ethics and factors then next one to

consider is the relationship ethics will have with religion. This tends to be one of the more

controversial comparisons that we come across due to the nature of religion. Religious ethics

is what we shall now focus on from this point off. Questions such as, what is religious

ethics? Why care about religious ethics? Isn’t religion a thing of the past? Aren’t the

more educated persons secular? Become popular in this part of the module.

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Religious ethics are the moral principles that guide religions and that set the standard for

what is and isn't acceptable behavior. Surprisingly similar from one religion to the next, these

fundamental principles flow from the core beliefs and ancient wisdom of religion, as well as

its teachers and traditions.

Religious ethics concerns teachings and practices of what is right or wrong, good or bad,

virtuous or vicious, from a religious point of view. The definition of ―religion‖ is

controversial. A definition favored by the Supreme Court is that religions are traditions that

are anything like Judaism, Christianity, Islam, Hinduism, or Buddhism. But does that really

cover everything?

Maybe a more detailed definition to consider is: A religion is a tradition and practice based

on a conception of what is real and significant (God, Allah, the Tao, Brahma, etc.), and the

belief that sin, vice, disillusionment, and illusion may be overcome by grace, meditation,

practices, and living in harmony, unity, or wise concord with what is real and significant. A

Christian ethic, for example, may be informed by Jesus‘ radical teaching about loving one‘s

neighbor, being a good Samaritan, loving one‘s enemies, and the like.

Religion brings with it virtues and virtues are standards for ethical, moral conduct — they

enable you to look at yourself in the mirror every morning without cringing. Personal virtues,

such as humility, gratitude, and hope honor God or, in Eastern religions, reflect a higher state

of being. These tend to be universal in all religions.

The golden rule: A universal principle - This rule commands people to get beyond their

own selfishness and self-absorbed isolation. The golden rule serves as a reminder that what

hurts us hurts others, and that what heals us, heals others.

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In nearly all the world's religions, personal morality begins with this simple concept: Treat

others as you would like to be treated. As such, the golden rule is perhaps the most basic of

the personal virtues.

The different faiths all have their own version of this universal message: consider the extracts

below

 Having made oneself the example, one should neither slay nor cause to slay. . . . As I

am, so are other beings; thus let one not strike another, nor get another struck. That is

the meaning" (Dhammapada, Buddhism).

 "One should not behave towards others in a way which is disagreeable to oneself.

This is the essence of morality. All other activities are due to selfish desire"

(Anusansana Parva 113.8, Hinduism).

 "Thou shalt love thy neighbor as thyself" (Leviticus 19:18, Judaism).

 "Therefore, all things whatsoever ye would that men should do to you, do ye even so

to them." (Matthew 7:12, Christianity).

Compassion

The word compassion means, "to suffer with." Having compassion means that you can feel

others' pain. In Christianity, Judaism, and Islam, showing compassion to others is how

believers imitate the infinite kindness and mercy that God showers upon them. Although

humans' capacity for compassion and kindness isn't limitless, as God's is, believers strive to

nurture it, even when doing so is hard, because it brings them closer to God.

One of the central virtues of Buddhism is karuna, understanding and identifying with the

suffering of all living beings. Karuna is the reason that some people who achieve

enlightenment return to this world as Bodhisattvas to teach others. Their compassion is so

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great, they return to a world that needs them. In Hinduism, compassion is called daya, and,

along with charity and self-control, it is one of the three central virtues in Hinduism.

Humility

In the monotheistic religions, humility is a sign of respect for God and awareness that all

blessings flow from God to whom all thanks are due. In Judaism, for example, Moses is

considered virtuous primarily because of his humility.

Christianity provides the classic religious statement of humility in the Sermon on the Mount,

"Blessed be the meek for they shall inherit the earth" (Matthew 5:5). Jesus' point here, which

other religious traditions echo, is that the secular world recognizes and rewards power and

wealth, but the religious world lifts up the ones whom the world has passed over and crushed.

Humility, therefore, is not just a virtue, but also an opposite virtue from the ones that the

nonreligious world prizes.

In Islam (which itself means surrender), humility is a primary virtue. Muslims demonstrate

their awareness of the greatness of God and humankind's place in the world by observing the

Five Pillars of their faith. Each pillar reinforces the proper order of the universe.

Hope

Many of the sacred Jewish, Christian, and Islamic texts and rituals include the idea of hope.

In Christianity, it's one of the three cardinal virtues (the other two being faith and love). In

Islam, it's the understanding that Allah knows all; what happens, happens for a reason, and

the faithful will be rewarded in paradise and the irreligious punished in hell.

In the world's religions, hope is made possible by human limitations. Most people don't know

the future and, because they don't know it, they fear it. Hope reduces this fear. In religion,

hope is closely linked with what comes after death.

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For Christians, the hope that sustains them is the hope for the speedy second coming of Jesus

as the Christ and eternal life in Heaven. This hope sustains Christians through what they

often perceive to be the immorality of the earthly kingdom.

As you can see there are a lot of similarities amongst the religions which means that the

belief in the higher power and the doing the right thing is paramount in all of them.

Think Point!!!!! Which do you think came first religion or ethics?

http://www.jstor.org/stable/2375957 See this article to expand your knowledge base.

Do you need religion to be ethical?

Do we need religion to be ethical or to be good? Most people (including moral philosophers)

would say no...yet it can be helpful. Obviously, people can certainly maintain ethical

perspectives and subscribe to ethical principles and behavior without engagement in religious

or spiritual beliefs, institutions, or practices. However, there are very few secular forums that

can offer the guidance, fellowship, support, models, organizational structure, and

engagement that the religious institutions can offer. So it‘s difficult to access and may

depend on the individual.

Ethics is in a professional manner and standard of practice expected require one to be

impartial therefore it might cause more problems if someone is too religious and they have an

ethical dilemma to deal with. Ideally one should not bring their religious views to the work

place in terms of professionalism as that might prevent them from adhering to the code of

conduct in place at work.

Whilst we can appreciate that religious organizations have a wide variety of comprehensive

services, programming, groups, lectures, readings, models, and so forth that can regularly

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impart, support, and provide corrective feedback about ethical principles and guidelines to

their members. The secular community just doesn't seem to have the organizational structure

to do so. There are some exceptions of course. For example, the Boy Scouts are technically a

secular organization not affiliated with one particular religious tradition. They offer a clear

set of ethical principles that tend to use a virtue approach to ethics (e.g., Scouts are loyal,

courteous, kind, thrifty, reverent,). Perhaps self-help groups based on the Alcoholic

Anonymous (AA) model does the same. While not affiliated with any particular religious

tradition, the 12 steps of AA are spiritually focused with numerous references to God and His

will. AA offers ethical principles that highlight virtues such as honesty, integrity, and

responsibility.

So, it appears that one doesn't have to be religious or spiritual to be ethical but it might help

having the organizational structure that religion offers to encourage and reinforce ethical

principles and behavior.

Religion remains subjective which means that it will be more in line with morals than ethics

as ethics remains objective. The standard that is required in ethics is so high that it potentially

goes beyond what is needed in religion. However that does not mean that the two never

intertwine. It‘s impossible to separate as to some extent no matter what one may say they

may be more similar than we might like to admit and even influence each other more often

than not.

Think point!!!! Ask yourself how much does religion affect my decision making and
as a future lawyer how will it impact me?

3.9 Ethics and Law

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Lastly we have to consider ethics and the law. When it comes to ethics and the law we tend

to focus on issues such as confidentiality and privilege as those are the most important and

cardinal issues in law and ethics. A lawyer‘s commitment to behaving ethically is at the

heart of what it means to be a lawyer. The Law Association of Zambia supports lawyers in

recognizing and handling difficult professional situations and making choices which can be

substantiated by reference to the various Legal Practitioners Guides. Even their motto of

―Justice, Honour and Integrity highlight this.

 Ethics involves making a commitment to acting with integrity and honesty in

accordance with widely recognized moral principles.

 Ethics will guide a professional towards an appropriate way to behave in relation to

moral dilemmas that arise in practice.

 Ethics is based on the principles of serving the interests of consumers of legal

services and of acting in the interests of the administration of justice, in which, in the

event of a conflict, acting in the interests of the administration of justice prevails.

The same can be seen in the UK with the SRA Code of Conduct (Solicitors Regulation

Authority) which oversees solicitors. It emphasizes that making a commitment to acting

ethically is intrinsically linked with meeting the standards and requirements set out in the

SRA Code of Conduct. These standards stem from the 10 mandatory principles. The

principles apply to all solicitors and underpin all aspects of practice. The same can be said of

the guide that is provided in Zambia by LAZ.

These are some of the scenarios that we find under ethics and law.

 Conflicts of interest

A lawyer finds herself in a position of potential conflict. Can she represent two clients in the

same matter? There are lessons to be learned about identifying conflicts at an early stage,

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ensuring good communications with clients and taking steps to alleviate problems further

down the line.

 Confidentiality

A lawyer must consider his duties of confidentiality and disclosure in a complicated set of

circumstances.

 Speaking up as a junior lawyer

A junior lawyer finds herself in a difficult situation when she discovers potential misconduct

by her training principal and supervisor. What exactly should she do next, bearing in mind

that he is responsible for signing off her training dairy?

 Client pressure

A lawyer is put under pressure by a large commercial client to change the firm‘s usual terms

of engagement. The situation becomes more complicated when the lawyer represents the

client in a Competition and Markets Authority investigation for price fixing.

 Change of plea in a criminal trial

In a criminal trial a lawyer is representing a client on two burglary charges, both of which

involve preying on elderly people. The scenario explores the ethical dilemma caused by the

client wishing to change his guilty plea. As with all of the scenarios, a range of factors causes

the situation to become increasingly complicated.

As you can see it becomes very difficult and complicated for you the lawyer and the question

becomes what I do when faced with such an issue. In ethics I know I should do the right

thing and in law I know I should also do the right thing, but what if things aren‘t straight

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forward. This is where the codes of conduct come into to play and they will guide you the

individual how to deal with the scenario in the most appropriate manner.

Pause: In the scenarios above what would you do?

Law vs. ethics

Many times the term law is juxtaposed with the term ethics, but there is a difference, as

ethics are the principles that guide a person or society, created to decide what is good or bad,

right or wrong, in a given situation. It regulates a person‘s behavior or conduct and helps an

individual in living a good life, by applying the moral rules and guidelines.

Images courtesy of Google

Basis of comparison Law Ethics

Meaning The law refers to a Ethics is a branch of

systematic body of rules moral philosophy

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 that governs the whole that guides people

society and the actions about the basic

of its individual human conduct.

members.

What is it? Set of rules and Set of guidelines

regulations

Governed By Government Individual, Legal and

Professional norms

Expression Expressed and They are abstract.

published in writing.

Binding Law has a legal binding. Ethics do not have a

binding nature.

Images courtesy of Bing Search

As you can see the table above clearly separates the two and highlights the differences that

exist. Make sure you familiarize yourself with these as they are essential. Having noted these

as mentioned earlier we stated that the most important issue under this segment will be

noting the issues of privileged information and confidentiality. Whilst everything else is

straight forward in that the rules are in place already these two concepts are the most

complex.

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Confidentiality and privilege

The concepts of lawyer confidentiality and attorney-client privilege both concern information

that the lawyer must keep private and are protective of the client‘s ability to confide freely in

his or her lawyer, but the concepts are not synonymous. Terminology from both, such as

―privileged information‖ or ―waiver‖ are sometimes used interchangeably, further causing

the differences between them to become somewhat blurred. However there are several

critical differences between the two in their applicability and exceptions and the extent of

information covered.

Privilege and Confidentiality are so fundamentally different it is interesting that even the

lawmakers get confused. The cleanest definition of these concepts is probably found in

Keith-Spiegel and Koocher‘s Ethics in Psychology text:

 ―Confidentiality refers to a general standard of professional conduct that obliges a

professional not to discuss information about a client with anyone. Confidentiality

may also be based in statutes (i.e. laws enacted by legislatures) or case law (i.e.

interpretations of laws by courts). But when cited as an ethical principle,

confidentiality implies an explicit contract or promise not to reveal anything about a

client except under certain circumstances agreed to by both parties.‖ A fundamental

principle in the client-lawyer relationship is that, in the absence of the client's

informed consent, the lawyer must not reveal information relating to the

representation. This contributes to the trust that is the hallmark of the client-lawyer

relationship.‖ A violation of the ethics rule may lead to disciplinary sanctions.

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  ―Privilege (or privileged communication) is a legal term describing certain specific

types of relationships that enjoy protection from disclosure in legal proceedings.

Privilege is granted by law and belongs to the client in the relationship....A client is

usually not permitted to waive a privilege selectively.‖, The attorney-client privilege,

sometimes referred to as the testimonial privilege, is a concept from the law of

evidence and is present in the common law or statutes of the state. The client, acting

through the lawyer, may claim the privilege. ―The attorney-client privilege and work-

product doctrine apply in judicial and other proceedings in which a lawyer may be

called as a witness or otherwise required to produce evidence concerning a client

Therefore the lawyer really can divulge any information unless otherwise allowed to. Both

are so important in maintaining that relationship of trust that exists and you are duty bound to

ensure that you represent your client to the best of your ability.

The attorney-client privilege only protects the essence of the communications actually had by

the client and lawyer and only extends to information given for the purpose of obtaining legal

representation. The underlying information is not protected if it is available from another

source. Therefore, information cannot be placed under an evidentiary ―cloak‖ of protection

simply because it has been told to the lawyer. It has to be information pertaining to legal

advice that is granted or being sought to qualify as privilege.

By contrast, the ethical duty of client-lawyer confidentiality is quite extensive in terms of

what information is protected. It applies not only to matters communicated in confidence by

the client but also to all information relating to the representation regardless of whether it

came from the client herself, or from another source. It applies in all situations, though a

lawyer may be required to testify regarding client communications under compulsion of law.

So, if a court determines that particular information is not covered by the attorney-client
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privilege, it still may be covered by the lawyer‘s ethical duty of confidentiality. However,

under the exception to confidentiality related to compliance with a court order, the lawyer

may be compelled to reveal the information nonetheless. Material not shielded by the lawyer

work-product doctrine may likewise still be encompassed under the ethical duty of

confidentiality.

Confidential information is to remain confidential throughout the representation, and

thereafter, even after the death of the client. Along with the basic principle of maintaining the

privacy of client information, a key precept of ethically maintaining confidentiality is that the

information not be used to the detriment of the client, but rather only to advance the client‘s

interests. Even information gained about the client after the representation has concluded is

to be kept confidential. However, once information has become generally known, not just

known by some few others, it loses the protection of lawyer confidentiality.

See the following cases

 Hilton v Barker Booth and Eastwood [2005] UKHL 8 per Lord Walker para 34

 James McIntyre DTD 496/81

 R v Manchester Crown Court ex parte Rogers [1999] WLR 832

 Liverpool Victoria Friendly Society v Houston (1900) 3F 42

 Minter v Priest [1930] A.C 558

All these cases cover issues relating to confidentiality and privileged information and the

stance which the courts take. You further reading will provide you with additional cases to

look at.

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Think Point!!!! In your spare time find scenarios where issues of confidentiality or

privilege have arisen and ask yourself the question which one was actually violated. This will

be useful in the tutorial to come.

3.10 ACTIVITIES

There will be tutorials uploaded for each segment covered on the student portal.

Make sure that you do each of the tutorial for each part.

3.11 SUMMARY

We have looked at ethics and how it relates to other aspects of behaviour and

conduct such as morals business and religion. The next topic we shall look at

is the different approaches to ethics that exist.

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4.0 UNIT THREE: APPROACHES TO ETHICS

4.1 INTRODUCTION

We have looked at ethics and how it relates to other aspects of behaviour and

conduct such as morals business and religion. The next topic we shall look at is the

different approaches to ethics that exist

4.2 AIMs

 to observe and familiarize yourself with the different approached that exit

 To make sure that we understand what the approach is

4.3 OBJECTIVES

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 At the end of this unit you should be able to do the following

 Able to identify the different approaches that exist

 Be able to actually use some of these approaches

 Be able to distinguish when they actually apply

4.4 TIME REQUIRED

You will need 10 hours to get through this unit. Broken down as 8 hours of

study, 1 hour tutorial and 1 hour Consolidation work

4.5 REFLECTION

Please make sure you do the tutorials at the end of each unit and make

sure you also do all the think points that are raised.

4.6 Approached to ethics

There are different ways in which we approached ethics or think ethically we already know

that ethics is about doing what is right and making the right calls but what are the way the

exist that can help us do this. The next segment is going to concentrate on those different

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approaches that are available. We shall also address the fundamental principles of ethical

behavior once more even though this will have already been covered vastly by now.

Dealing with these moral issues is often perplexing. How, exactly, should we think through

an ethical issue? What questions should we ask? What factors should we consider?

The first step in analyzing moral issues is obvious but not always easy: Get the facts. Some

moral issues create controversies simply because we do not bother to check the facts. This

first step, although obvious, is also among the most important and the most frequently

overlooked.

But having the facts is not enough. Facts by themselves only tell us what is; they do not tell

us what ought to be. In addition to getting the facts, resolving an ethical issue also requires an

appeal to values. Philosophers have developed five different approaches to values to deal

with moral issues. We shall look at three of them.

The Utilitarian Approach

Utilitarianism was conceived in the 19th century by Jeremy Bentham and John Stuart Mill to

help legislators determine which laws were morally best. Both Bentham and Mill suggested

that ethical actions are those that provide the greatest balance of good over evil.

To analyze an issue using the utilitarian approach, we first identify the various courses of

action available to us. Second, we ask who will be affected by each action and what benefits

or harms will be derived from each. And third, we choose the action that will produce the

greatest benefits and the least harm. The ethical action is the one that provides the greatest

good for the greatest number.

 Focuses on the consequences that actions or policies have on the well-being

("utility") of all persons reasonably foreseen to be directly or indirectly (but rather

immediately) affected by the action or policy.

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  Keep in mind, that different people often identify benefits and harms differently.

 The principle states: "Of any two actions, the most ethical one will produce the

greatest balance of benefits over harms.

The Virtue Approach

The virtue approach to ethics assumes that there are certain ideals toward which we should

strive. These ideals provide for the full development of our humanity, and are discovered

through thoughtful reflection on what kind of people we have the potential to become.

Virtues are attitudes or character traits that enable us to be and to act in ways that develop our

highest potential. They enable us to pursue the ideals we have adopted. Honesty, courage,

compassion, generosity, fidelity, integrity, fairness, self-control, and prudence are examples

of virtues frequently cited throughout the world. Virtues are like a habit; that is, once

acquired, they become characteristic of a person. Moreover, a person who has developed

virtues will be naturally disposed to act in ways consistent with moral principles. The

virtuous person is the ethical person. In dealing with an ethical problem using the virtue

approach, we might ask, what kind of person should I be? What will promote the

development of character within me? Within my community?

 Focuses on attitudes, dispositions, or character traits that enable us to be and to act in

ways that develop our human potential.

 Examples might be: honesty, courage, faithfulness, trustworthiness, integrity, etc.

 Keep in mind, different communities may identify differing virtues.

 The principle states: "What is ethical is what develops moral virtues in ourselves and

our communities

The Common-Good Approach

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This approach to ethics assumes a society comprising individuals whose own good is

inextricably linked to the good of the community. Community members are bound by the

pursuit of common values and goals.

The common good is a notion that originated more than 2,000 years ago in the writings of

Plato, Aristotle, and Cicero. More recently, contemporary ethicist John Rawls defined the

common good as "certain general conditions that are...equally to everyone's advantage”.

In this approach, we focus on ensuring that the social policies, social systems, institutions,

and environments on which we depend are beneficial to all. Examples of goods common to

all include affordable health care, effective public safety, peace among nations, a just legal

system, and an unpolluted environment.

Appeals to the common good urge us to view ourselves as members of the same community,

reflecting on broad questions concerning the kind of society we want to become and how we

are to achieve that society. While respecting and valuing the freedom of individuals to pursue

their own goals, the common-good approach challenges us also to recognize and further

those goals we share in common;

 Presents a vision of society as a community whose members are joined in a shared

pursuit of values and goals they hold in common.

 The community is comprised of individuals whose own good is inextricably bound to

the good of the whole.

 The principle states: "What is ethical is what advances the common good.

Ethical Problem Solving

These five approaches though we only expand on three suggest that once we have ascertained

the facts, we should ask ourselves five questions when trying to resolve a moral issue:

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 a) What benefits and what harms will each course of action produce, and which

alternative will lead to the best overall consequences?

b) What moral rights do the affected parties have, and which course of action best

respects those rights?

c) Which course of action treats everyone the same, except where there is a morally

justifiable reason not to, and does not show favoritism or discrimination?

d) Which course of action advances the common good?

e) Which course of action develops moral virtues?

This method, of course, does not provide an automatic solution to moral problems. It is not

meant to. The method is merely meant to help identify most of the important ethical

considerations. In the end, we must deliberate on moral issues for ourselves, keeping a

careful eye on both the facts and on the ethical considerations involved.

You can also take those 8 steps to ethical thinking that we looked at earlier on in unit three.

Rules based approach will be about following

 Compliance approach which explicitly sets out what individuals can and

cannot do however it instills sense of fear

 Disadvantages: Rules cannot cover every situation

 Rules characterized by 3 things: earlier insight into a rule or have broken

it; argument over precise meaning of rules; requires enforcement by

objective party

 Expensive, source of contention and inflexible

 More difficult to monitor compliance in rule-based approach

Framework approach will be about following

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  Set of principles to help individuals arrive at decisions

 Advantage: applied more easily

 Disadvantage: left to member to decide how best to deal

An example of the rule based approach will be the different codes of conducts that you have

at work or at school and the way in which they state one should deal with an issue. An

example of a framework approach is the IDEA: Clinical and Organizational Ethical Decision

Making Framework developed by Daniel and Sabin with the four IDEA letters forming an

acronym of what need to be considered, or the three that have been mentioned above they

usually come in the form of a framework.

4.7 Fundamental principles of ethical behavior

Fundamental principles of ethical behavior can be found in all professions when it comes to

the expected standard of behavior. An example we can use in that of Chartered Accountants

and students under the professional regulatory body ICAS in the United Kingdom. The

current five fundamental ethics principles in the ICAS Code of Ethics are

Integrity; to be straightforward and honest in all professional and business relationships.

Objectivity; not to allow bias, conflict of interest or undue influence of others to override

professional or business judgments.

Professional Competence and Due Care

To maintain professional knowledge and skill at the level required to ensure that a client or

employer receives competent professional services based on current developments in

practice, legislation and techniques and act diligently and in accordance with applicable

technical and professional standards.

Confidentiality

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To respect the confidentiality of information acquired as a result of professional and business

relationships and, therefore, not disclose any such information to third parties without proper

and specific authority, unless there is a legal or professional right or duty to disclose, nor use

the information for the personal advantage of the professional accountant or third parties.

Professional Behavior

To comply with relevant laws and regulations and avoid any action that discredits the

profession.

These principles need to be upheld at all cost and whatever else these various frameworks

and approaches are seeking to do. Failure to do so may lead to complications.

These principles will vary from profession to profession but they are the core ones that you

shall always find wherever you will go in one form or another.

Think Point!!!!! Do we really need all these different approaches and

frameworks or should the decision simply be based on what is right and wrong

irrespective of consequences?

4.8 ACTIVITIES

See uploaded tutorials on the portal and make sure you do them without fail.

4.9 SUMMARY

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 In summary make sure you can tell which approach is being used and how to

differentiate between the framework and the rule based approaches. The next

unit we shall now look at is ethical dilemmas

5.0 UNIT FOUR: ETHICAL DILEMMAS

5.1 INTRODUCTION

Ethical dilemmas, also known as a moral dilemmas, are situations in which there

is a choice to be made between two options, neither of which resolves the situation

in an ethically acceptable fashion. In such cases, societal and personal ethical guidelines can

provide no satisfactory outcome for the chooser.

Ethical dilemmas assume that the chooser will abide by societal norms, such as codes of law

or religious teachings, in order to make the choice ethically impossible.

5.2 AIM

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  define what an ethical dilemma is

 Look at resolution of ethical dilemmas

 Consequences of unethical behavior

5.3 OBJECTIVES

At the end of this unit you should be able to do the following

 Able to identify scenarios where an ethical dilemma will arise

 Resolve ethical dilemmas

 Know what the consequences of unethical behavior will be

5.4 TIME REQUIRED

You will need 10 hours to get through this unit. Broken down as 8 hours of

study, 1 hour tutorial and 1 hour Consolidation work

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5.5 REFLECTION

Please make sure you do the tutorials to be uploaded as well as the

think points raised.

5.6 Ethical dilemmas

Ethical dilemmas, also known as a moral dilemmas, are situations in which there is a choice

to be made between two options, neither of which resolves the situation in an ethically

acceptable fashion. In such cases, societal and personal ethical guidelines can provide no

satisfactory outcome for the chooser. An ethical dilemma or ethical paradox is a decision

making problem between two possible moral imperatives, neither of which is unambiguously

acceptable or preferable. The complexity arises out of the situational conflict in which

obeying one would result in transgressing another. Sometimes called ethical paradoxes in

moral philosophy, ethical dilemmas may be invoked to refute an ethical system or moral

code, or to improve it so as to resolve the paradox. As you can see it‘s not really easy to even

define it let alone deal with one.

There are three conditions that must be present for a situation to be considered an ethical

dilemma. The first condition occurs in situations when an individual, called the ―agent,‖ must

make a decision about which course of action is best. Situations that are uncomfortable but

that don‘t require a choice, are not ethical dilemmas. For example, students in their

internships are required to be under the supervision of an appropriately credentialed social

work field instructor. Therefore, because there is no choice in the matter, there is no ethical

violation or breach of confidentiality when a student discusses a case with the supervisor.
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The second condition for ethical dilemma is that there must be different courses of action to

choose from. Third, in an ethical dilemma, no matter what course of action is taken, some

ethical principle is compromised. In other words, there is no perfect solution

Arguably some of the topics that lead to ethical dilemmas are religion, sexuality and strong

personal beliefs.

Let‘s look at some examples;

 Bank Teller:

You have worked as a bank teller for several months when one of the other tellers who has

become a good friend tells you that her daughter is extremely ill and that she must have an

operation to survive. She also tells you that she has no insurance and the operation will cost

$10,000. Sometime later you ask her about her daughter and she tells you she is just fine

now. She then confides in you that she took $10,000.00 from a dormant account at the bank

to pay for the operation. She assures you that she has already started paying it back and will

continue to do so until it is all returned.

What do you do?

 Teacher

You have a student who is from a single parent family. The student must work to attend

college. However, the job is interfering with the student‘s performance and several

assignments have not been turned in. You have determined that a ―D‖ is all the student can

make when a counselor informs you that the student needs a ―C‖ to qualify for an academic

scholarship.‘

What do you do?

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  Computers:

In your spare time at work, you have developed a new spreadsheet program on the personal

computer in your office. It is even more powerful, yet easier to use than anything on the

market. You share your new program with a friend who encourages you to market it on your

own because you could probably make an incredible profit in a very short time. This is a very

attractive option, yet you developed it using company equipment and during time that you

were at work.

What do you do?

All three scenarios don‘t make it easy for you to know what to do but the debate is that once

one is conversant will all that is ethics and professionalism then they should be able to make

decision. However in reality this might not be as easy as it sounds.

Knowing the consequent and how to resolve ethical dilemmas will greatly benefit you as an

individual when considering the examples above.

5.7 Consequences of unethical behavior

The consequences of unethical behavior will be determined by two parties either the

governing body in the particular sector of the firm/organization you are working for or

employed by.

In law in will be the law association of Zambia and the firm that you work for. For lawyers

the consequences range from fines to disbarment from the professional body. This means that

you could be stripped of your professional status and practicing certificates.

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Look at the Legal Practitioners Act Cap 30 what are the consequences for failure to adhere to

professional conduct. Also check the code of conduct for ZCAS what are the consequences

of cheating.

For doctors the consequences are similar to those of lawyers should the doctor be found to be

unethical he or she can be fired from their job and struck of the register depending on the

seriousness of the consequences.

Same can be said of accounts and others in the professional sector.

One point to note is that the consequences will depend on the seriousness of the breach the

more serious the breach the greater the response from the governing body.

5.8 Resolution of ethical conflicts

So you have got an ethical dilemma on your hands. How do you figure out what to do?

Generally speaking, there are two major approaches that philosophers use in handling ethical

dilemmas. One approach focuses on the practical consequences of what we do; the other

concentrates on the actions themselves. The first school of thought basically argues "no

harm, no foul"; the second claims that some actions are simply wrong. Thinkers have debated

the relative merits of these approaches for centuries, but for the purpose of getting help with

handling ethical dilemmas, think of them as complementary strategies for analyzing and

resolving problems. Here‘s a brief, three-step strategy that shows you how to combine them.

(By the way, we are going to assume that if there are any laws involved, you plan to obey

them. This isn‘t to say that it‘s always morally wrong to break laws. But in ethical dilemmas

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that arise in business, the laws generally establish at least a bare minimum for how you

should act. Besides, if a business regularly breaks laws, it becomes an anti-social force in

society. And no matter how much money‘s involved, at that point, there‘s not a huge

difference between a business and organized crime.)

Step 1: Analyze the Consequences

O.k., so you are going to stay on this side of the law. What next? It‘s probably easier to start

by looking at the consequences of the actions you‘re considering. Assume you have a variety

of options. Consider the range of both positive and negative consequences connected with

each one:

 Who will be helped by what you do?

 ·Who will be hurt?

 What kind of benefits and harms are we talking about? After all, some "goods" in life

(like health) are more valuable than others (like a new DVD player). A small amount

of "high quality" good can outweigh a larger amount of "lower quality" good. By the

same token, a small amount of "high quality" harm (the pain you produce if you

betray someone‘s trust on a very important matter) can outweigh a larger amount of

"lower quality" pain (the disappointment connected with waiting another few months

for a promotion).

 How does all of this look over the long run as well as the short run? And if you are

tempted to give short shrift to the long run, just remember that you‘re living with a lot

of long-term negative consequences?

Step 2: Analyze the Actions

Now consider all of your options from a completely different perspective. Do not think about

the consequences. Concentrate instead strictly on the actions. How do they measure up

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against moral principles like honesty, fairness, equality, respecting the dignity of others,

respecting people‘s rights, and recognizing the vulnerability of individuals weaker or less

fortunate than others? Do any of the actions that you are considering "cross the line," in terms

of anything from simple decency to an important ethical principle? If there‘s a conflict

between principles or between the rights of different people involved, is there a way to see

one principle as more important than the others? What you're looking for is the option whose

actions are least problematic.

Step 3: Make A Decision

And now, take both parts of your analysis into account and make a decision. This strategy

should give you at least some basic steps you can follow.

There are plenty of frames in place that will allow you resolve an ethical conflict all those

that were established in the previous units can be applied. They all involve you asking the

right questions. You could also try the following approach;

1. Consult your company's code of ethics for formal guidance. This simple act may be

able to resolve your dilemma immediately, depending on how comprehensive and specific

your company's ethics statement is. Your code of ethics can provide a backdrop on which to

weigh the pros and cons of business decisions, giving you a clearer picture of which decision

is more in line with the company's ethical commitments.

2. Share your dilemma with your supervisor to take advantage of her experience. Front-

line employees can face a number of ethical dilemmas in their jobs, such as deciding whether

to give out a refund that does not specifically adhere to company policies or whether to report

suspicions of internal theft which cannot be proven. Taking ethical questions to supervisors

can keep employees out of trouble in addition to resolving conflicts.

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3. Discuss your dilemma with other executives if you are at the top of your organization.

Executives and company owners make some of the farthest-reaching decisions in any

organization, adding weight and additional challenges to ethical dilemmas. As an executive,

it is important to show your competence at solving problems on your own, but there is

nothing wrong with asking for help from time to time. Other executive team members should

appreciate your commitment to making the right decision and should be able to provide

unique insights into your problem.

At the end of the day each one of these will allow you to find a solution and resolve the issue

at hand.

Task!!! Now that you know some steps go back to the examples raised and determine
what you would do.

5.9 ACTIVITIES

Please see your relevant tutorial for the corresponding week on the portal.

5.10 SUMMARY

Failure to adhere to the code of conduct and ethics will lead to serious

consequences for the individual involved but even then there are ways in

which we deal with ethical dilemmas by asking the right questions and suing

the right frame works.

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This is the last unit you look at the next issues will be communicated via the student portal in

revision week.

COMMENTS FROM THE REVIEWER

The document has been reviewed and the issues tabulated in the bubbles along the right -

hand margin of the work as a summary. In general, the structure seems fine and the work

interesting, however a few points to note to make the document professional and clear:

1. Author should remove all would‘ve, couldn‘t you‘ve weren‘t etc. and write the out in

full as per standard.

2. The document needs to be formatted in terms of spacing and headings before final

print.

3. There should be standardisation across the document.

4. Most of the diagrams need to be acknowledged.

5. Typos and missing words, and chunky sentences need to be amended

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 6. All Latinisms, Geekism‘s and other non-English words must be italicized.

7. Quotations by authors must follow the standard formatting i.e. Have inverted commas

and be in italics.

8. A few more references could be included in the work

9. A list of sources at the end of the work should be included.

10. It would help if definitions stood out as well.

11. Headings: main and sub should be standardized as well across the work.

12. All acronyms should be written out in full so that the student knows what they mean

Douglas Rolls

Reviewer

20 July 2017

FURTHER COMMENTS:

I am happy with the standard of the work and the corrections made. As such it can proceed to

the final level

Douglas Rolls

Monday, November 20, 2017

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