Introduction: Ethical theories are based on the ethical principles. They each emphasize different aspects of an ethical dilemma and leads to the most ethically correct solution according to the guidelines within the ethical theory itself. These ethical theories include:
1- Deontological Ethical Theory: The deontological ethical theory states that people should adhere to their obligations and duties when analyzing an ethical dilemma. A person who follows this theory will produce very consistent decisions since they will be based on the individual’s set duties. E.g. a deontologist will always keep his promise to a friend and will follow the law.
Cont … Deontology provides a basis for special duties and obligations to specific people, such as those within one’s family. E.g. An older brother may have an obligation to protect his younger sister when they cross a busy road together.
Cont … This theory also praises those deontologists who exceed their duties and obligations, which is called “supererogation”. E.g. volunteering to die in the place of someone condemned as was done by Fr. Macmillan Kolbe in the Nazi concentration camp.
Its weaknesses: 1- One weakness of this theory is that there is no rationale or logical basis for deciding an individual’s duties. One my claim duties that look admirable when in fact there are hidden motives e.g. A person who opens an orphanage with a hidden intention of making money from donors.
Cont … 2- Sometimes a person’s duty conflicts but deontology is quiet and not concerned with the welfare of others. E.g. The duty to keep time may lead to reckless driving which could put other people’s lives at risk, but deontology does not explain an ethical resolution to this conflict.
2- Utilitarian Ethical Theory: The utilitarian ethical theory is founded on the ability to predict the consequences of an action. To the utilitarian the choice that yields the greatest benefit to most people is the choice that is ethically correct. There are two types of utilitarianism: Act utilitarianism and Rule utilitarianism.
Cont … Act utilitarianism adheres exactly to the definition above, that is, a person performs the acts that benefit the most people, regardless of personal feelings or the societal constraints such as laws. Rule Utilitarianism, however, takes into account the law and is concerned with fairness.
Cont … A rule utilitarian seeks to benefit the most people but through the fairest and the most just means available. Therefore the added benefit of rule utilitarianism is that it values justice and includes beneficence at the same time.
Weaknesses: 1- Inherent in both act and rule utilitarianism are the flaws associated with predicting the future. Although people can use their life experiences to attempt to predict outcomes, no human being can be certain that this predictions will be true. E.g. If a utilitarian lights a fire in the hope of warming people in the house, but accidentally the fire instead burns the house, the act of the utilitarian ends up looking unethical due to the result.
Cont … 2- Another assumption that a utilitarian must make is that he has the ability to compare the various types of consequences against each other on a similar scale. However, comparing material gains such as money against intangible gains such as happiness is impossible since their qualities differ to such a large extent.
Cont … 3- A third failing found in utilitarianism is that it does not allow for the existence of supererogation or heroes. 4- Since act utilitarianism is solely concerned with achieving the maximum good, it means an individual’s rights may be infringed upon in order to benefit a greater population.
Cont … 5- Another source of instability within act utilitarianism is apparent when a utilitarian faces one set of variable conditions and then suddenly experience a change that causes her to change her original decisions. That means that an act utilitarian could be nice to you one moment and then dislike you the next moment, because the variables have changed and you are no longer beneficial to most people.
Cont … 6- Rule utilitarianism also contains a source of instability that inhibits its usefulness. In rule utilitarianism, there is the possibility of conflicting rules e.g. Keep time but don’t speed.
3- Rights Ethical Theory: In the Rights ethical theory, the rights set forth by a society are protected and given the highest priority. Rights are considered to be ethically correct and valid since a large or ruling population endorses them. Individuals may also bestow rights upon others if they have the ability and resources to do so. E.g. if you say to your friend that he can borrow your car for this afternoon, you have given him the right over the car for this afternoon.
Cont … A major complication of this theory on a large scale, however, is that one must decipher what the characteristics of a right are in a society. The society has to determine what rights it wants to uphold and give to its citizens. In order for a society to determine what rights it wants to enact, it must decide what the society’s goals and ethical priorities are.
Cont … Therefore, in order for the Rights theory to be useful, it must be used in conjunction with another ethical theory that will consistently explain the goals of the society.
4- Casuist Ethical Theory: The Casuist ethical theory is one that compares a current ethical dilemma with examples of similar ethical dilemmas and their outcomes. This allows one to determine the severity of the situation and to create the best possible solution according to others’ experiences.
Cont … Usually one will find paradigms that represent the extremes of the situation so that a compromise can be reached that will hopefully include the wisdom gained from the previous examples. One drawback of the Casuist ethical theory is that there may not be a set of similar examples for a given ethical dilemma.
Cont … Perhaps that which is controversial and ethically questionable is new and unexpected. Along the same line of thinking, a Casuistical theory also assumes that the results of t he current ethical dilemma will be similar to the results in the examples. This may not be necessarily true and would greatly hinder the effectiveness of applying this ethical theory.
5- Virtue Ethical Theory: The Virtue ethical theory judges a person by his character rather than by an action that may deviate from his normal behavior. It takes the person’s morals, reputation and motivation into account when rating an unusual and irregular behavior that is considered unethical. E.g. If a man known for kindness, on a certain occasion beats a certain young man, they could say the young man must have been on the wrong.
Cont … One weakness of the Virtue ethical theory is that it does not take into consideration a person’s change in moral character.
In conclusion: Although all of the ethical theories attempt to follow the ethical principles in order to be applicable and valid by themselves, each theory falls short with complex flaws and failings. However these ethical theories can be used in combination in order to obtain the most ethically correct answer possible for each scenario.
ETHICAL ISSUES IN HIGHER EDUCATION
THE ETHICS OF RECRUITING: Recruiting has a fairly bad reputation because of what candidates go through during the process. We need to know what the proper ethics for recruiting are, how an organization or an individual establishes value around recruiting, and how to determine what ethical recruiting might look like.
Cont … There are specific areas in recruiting where most ethical issues arise. These include how a position is represented to candidates, how candidates are located, and how interviews are conducted. In all aspects of our lives, the ground floor is the legal one. First of all, we must follow the law.
Cont … By that measure we need to recruit fairly and make sure that no one is adversely impacted by the practices we follow. We cannot discriminate, ask candidates personal information that has no bearing on the job, and so on. But following these laws is not enough. We need to make ethical decisions.
Cont … Should you tell a candidate that the organization is doing poorly financially? Should you disclose that the hiring manager has a very high turnover rate, and that you have helped her fill this position several times over the past few years? Should you call the company and misrepresent yourself to get the name or position of a key potential recruit?
Cont … Should you use the proprietary email list you are offered by a candidate? Should you misrepresent the position in the discussion with a candidate by stretching the scope or authority that the position will have? The list of these situations or ethical dilemmas could go on and on, but the real issue is how you go about deciding what to do.
Cont … Tom Shanks has developed the following processes to help in guiding your own ethical decision-making: 1- Start by following the law: At the base of any action there has to be a legal foundation. However many recruiting issues are far removed from the law.
Cont … Some issues are in the gray area of the law or actions that, while not absolutely illegal, are ambiguous. In those cases, the remaining steps in these guidelines can help you.
Cont … 2- Learn all you can about the situation and put yourself in the shoes of all the stakeholders: What will your action do to each of them? Ask yourself what each person has at stake in the process.
Cont … 3- List and then evaluate your most likely course of action: There will most likely be two or more possible ways you could act, and choosing the right one is often easy. The following questions can help guide your decision making: - What action will cause more good than harm to all the stakeholders?
Cont … -Which action treats everyone with dignity and respect and upholds the candidate’s rights? -Which is fair and satisfies your duties? -Which is best for the organization as a whole? -Which decision will best advance the values of your organization?
Cont … 4- Decide and test: Whose interest are you satisfying and why? Always talk over an ethical decision with someone you trust and can confide in. Ask yourself what would happen if the decision became the universal one and everyone else were doing it. Would someone be hurt by the decision?
Cont … Would someone who was hurt by the decision at least understand your reasoning? You could even think through how you would explain and justify your decisions to someone close to you. Would they agree with your decision?
Cont … 5- Finally make you decision, act and then follow up on your decision: Ask yourself after the decision is made whether or not the result was what you expected. Ask yourself how others reacted to the decision and whether all the stakeholders felt the decision was good.
Cont … In the end, all of us in recruiting have to ask ourselves whether we are being true to our own values and beliefs; Whether we do more good to ourselves, our candidates, and our clients than harm; Whether we are acting fairly and treating others with respect.