AFRICA ASSOCIATION OF QUANTITY SURVEYORS

PROFESSIONAL SKILLS STUDY GUIDE 1

PROFESSIONAL ETHICS

1st EDITION – November 2020

 DEMONSTRATE AN UNDERSTANDING OF PROFESSIONAL ETHICS

MODULE CONTENT

SECTION

ORGANISATIONAL CONTENT

STUDY COMPONENT

PROFESSIONAL ETHICS AND PRINCIPLES

CODES OF CONDUCT IN THE BUILT ENVIRONMENT PROFESSIONS

ETHICAL STANDARDS AND PROFESSIONAL PRACTICE

ORGANISATIONAL COMPONENT

GENERAL PREMISE AND EDUCATIONAL APPROACH

The general objective with this module is to emphasise understanding rather than memorising and
to develop the learner’s skill to apply the principles in a practical way. A problem-driven approach to
learning is followed. Learner-centred and co-operative learning is encouraged in order to optimally
develop the skills outlined in the study component.

The module comprises four parts, each one contributing to an understanding of the aspects of the
construction sector that are impacted by ethical standards, the legislative environment within which
codes of conduct and ethics are practised, and characteristics of ethical behaviour which should be
aspired to. The breakdown of the module is as follows:

Part 1 – Describe professional ethics and principles.

Part 2 – Identify the importance of taking professional responsibility for own actions.
Part 3 – Recognise professional codes of conduct related to Built Environment practices.
Part 4 – Explain the application of ethical standards in Built Environment professional practice.

Each of these sections has specific learning outcomes which are identified in the module outline.

LEARNING ACTIVITIES

The delivery of this module is by an alternative approach to learning and teaching. Theoretical content
within the primary reader is limited, rather you will be asked to work through a series of linked learning
sources, predominantly extending your theoretical knowledge base through focussed readings, as
well as undertaking a variety of specified activities. Once you have undertaken the required readings
indicated, the module proposes that you complete a short ‘self-test’ (Addendum A). Should you wish
to engage with this subject for gaining CPD ‘credits’ only, you are required to undertake the readings
and the short test at the end of the module. In this event, the study material is considered to be
equivalent to approximately 30 hours of study time.

This study guide was originally compiled for use in the South African construction sector, and
neighbouring territories using the same documentation and protocols. Accordingly, references within
the main body of this document may refer to that region’s structures and learners in other countries
may have to establish their own local equivalents for comparison. In certain cases, the main document
may be complimented by use / reference to alternative documents / examples which apply to other
regions.

LEARNING ASSUMED TO BE IN PLACE

NQF level 6 (360 credits) qualification or equivalent.

Although 360 credits is the minimum level for learning assumed to be in place, it is recommended that
learners develop actual project experience and discuss issues with appropriately qualified
professionals at every available opportunity.

CREDITS
The credit weighting of this module is 5. This translates roughly into 50 ‘notional hours’ of study time,
inclusive of tests, assignments and examinations.

STUDY COMPONENT

The competencies, skills and range statement stated in this section are those as contained in the
South African Qualifications Authority Unit Standard no 31: Demonstrate an understanding of
professional ethics.

CANDIDATES WHO SUCCESSFULLY COMPLETE THIS MODULE WILL GAIN THE FOLLOWING
COMPETENCIES:

The ability to
• describe professional ethics and principles
• identify the importance of taking professional responsibility for their own actions
• recognise professional codes of conduct related to built environment practices
• explain the application of ethical standards in built environment professional practice

TO DEMONSTRATE TO ACCREDITED ASSESSORS THE SCOPE OF PROFESSIONAL

COMPETENCE GAINED BY STUDYING THIS MODULE, THE CANDIDATE WILL BE REQUIRED
TO :

Illustrate that he/she is capable of

 • identifying built environment professional legislation

• describing acceptance of responsibility for one’s own actions

• explaining built environment professional legislation and codes of practice

• describing codes of professional ethics

• identifying unprofessional conduct

• appraising codes of ethical practice adopted by employer groups

• explaining differences between ‘professions’ and ‘professional practice’

• identifying ethical attributes within professions

• describing ethics relative to the rendering of professional services

• demonstrating professional integrity related to self-evaluation

RANGE STATEMENT

Learners are expected to demonstrate their acquired skills through their ability to perform the following
in their place of employment :
a) develop an awareness of legislation and professional conduct codes within the built
environment professions
b) apply an ethical approach to workplace issues
c) combine facts, ideas and proposals into a complex whole

Successful completion of this module will contribute towards the full development of a professional
community of Quantity Surveyors. The skills, knowledge and understanding to be demonstrated by
qualifying learners are essential for economic transformation and social upliftment within
environments related to construction and property development

THE SKILLS GAINED BY SUCCESSFUL COMPLETION OF THIS MODULE WILL EMPOWER

A LEARNER TO ACCESS A VARIETY OF EMPLOYMENT OPPORTUNITIES, FOR EXAMPLE
IN

4.1 banking

4.2 construction economics

4.3 construction management

4.4 education and training

4.5 equipping / refurbishment / management e g commercial / retail enterprises and

hospitality / tourism industry

4.6 housing

4.7 project management

 4.8 property development

4.9 property economics

4.10 property valuation

4.11 quantity surveying

4.12 real estate management

It is considered essential that the highest degree of ethical standards is applied in all of these
vocations, no matter whether or not they are considered as ‘professions’

AIMS AND OBJECTIVES

The primary objective of this module is to provide learners with an understanding of the
theoretical concepts underpinning ethical behaviour, and to contextualize this within the
framework of professional activities within the built environment. Whilst the focus of the
applied material is largely on the quantity surveying profession, much of the content is also
valid for other professional disciplines.
The complexity of ethical challenges encountered in practice often requires one to have
developed a ‘mature’ understanding of both the environment within which the issues are to
be considered, as well as being equipped to understand and resolve matters which reflect
the many different individual approaches to moral and ethical behavior. Whilst it is not
possible within this module to deal with the experiential aspect referred to, It is intended
that it will provide learners with sufficient knowledge to manager ethical issues in a
confident manner.

RECOMMENDED READING
The reference sources listed below are intended to provide with details of texts which can
contribute to an extension of the basic knowledge base provided by the study material
provided. Some of these may be cited in the paper below. Whilst you will not be examined
directly on the content of these sources, it is suggested that a study of their contents will
enhance your ability undertake their professional activities in an effective manner.

Abbott, A. (1988) The System of Professions. An essay on the division of expert labor; The
University of Chicago Press., Chicago and London.

Bennion, F.A.R. (1969) Professional Ethics; Charles Knight & Co. Ltd., London.

Brincat, C. (2000) Morality and the professional life: values at work; Prentice-Hall Inc.

Greenhalgh B (1997) Practice Management for Land, Construction and Property

Professionals; E & FN Spon, London

Larson, M.S. (1977) The rise of professionalism – a sociological analysis; University of

California Press, Berkeley.

MacDonald, K.M. (1995) The sociology of the professions; Sage Publications.

Martin, M. W. and Schinzinger, R. (1989).Ethics in engineering; McGraw-Hill Inc, New
York.

Moore, W.E. (1976) The professions: roles and rules; Russell Sage Foundation, New York

Oldenquist, A.G., and Slowter, E.E. (1979) Proposed: A single code of ethics for all
engineers, in Professional Engineer, Vol. 49, May, pp. 8 - 11.

___________________________
 PROFESSIONAL ETHICS AND PRINCIPLES

On completion of this section you should be able to :

• identify built environment professional legislation

• describe acceptance of responsibility for one’s own actions

• explain built environment professional legislation and codes of practice

• demonstrate professional integrity related to self-evaluation

INTRODUCTION

This module is intended to provide you with a comprehensive guide to the subject of ethics
within the construction industry. You should use this reader as a reference source to topical
literature in this field, primarily drawn from text books, academic journal articles, and peer-
reviewed conference proceedings. Wherever possible, the material attempts to reflect global
views, although much of the published material is locally sourced.

BUILT ENVIRONMENT LEGISLATION

Six years after the ‘democratic revolution’ in South Africa, a broad suite of statutory
legislation was promulgated which now prescribes the manner in which built environment
development is conducted. Perhaps two of these documents have the greatest impact,
namely the Construction Industry Development Board Act (2000), and the Council for the
Built Environment Act (2000)

The function of the Council for the Built Environment (CBE), which was established in
2000 with the creation of this new statute, is to promote, protect and monitor the activities
of professional councils working within this domain, and further to promote and protect the
interests of the public in terms of a sustainable and natural environment. As a result, a
number of professional councils, some established, and some new, represent different
vocational groupings, under the ‘umbrella’ of the CBE. The statutes involved are:

(i) Architectural Profession Act, 2000 (Act 44 of 2000);

(ii) Landscape Architectural Profession Act, 2000 (Act 45 of 2000);
(iii) Engineering Profession Act, 2000 (Act 46 of 2000);
(iv) Property Valuers Profession Act, 2000 (Act 47 of 2000);
(v) Project and Construction Management Professions Act, 2000 (Act 48 of 2000); and
(vi) Quantity Surveying Profession Act, 2000 (Act 49 of 2000).

You should download each of these statutes and compare their contents before
continuing with this module. An alternative route to this documentation is to download
them from the South African government website (http://www.gov.za). You will note that
these documents are similar to one another in structure, primarily governing aspects
relating to educational standards for practitioners, and also professional registration
conditions. You will be required to undertake certain exercises based on the contents of
these documents in Part 4 of this module.

Through the CBE, the construction sector has therefore largely been ‘professionalised’. In
a later module, concepts related to professional practice are debated. However, a
common theme in these debates is that any association with the terms ‘profession’,
‘professional’, or professionalism’ is linked to the concept of ‘ethics’, and more specifically
‘professional ethics’.

ETHICS – A CONCEPTUAL INTRODUCTION

Ethics is a developing aspect of business behaviour attracting increasing attention

globally. Ethics is about making decisions on what are good and bad acts, about right and
wrong in practical situations. It is concerned with judging what people do and the
consequences of what they do. Tenets of right and wrong arise from the values, beliefs,
and attitudes on behaviour of a person’s community encompassing their social, religious,
educational, business and other environments.

There is a vast set of literature describing different ethical viewpoints and theories. The
brief notes below summarise some of the published views. You are encouraged to read
as widely as possible in this subject as new material is being compiled all the time. In fact,
African scholars are amongst the most widely published authors internationally,
representing circumstances in many countries of the continent.

ETHICAL THEORIES

It is clear that not all standards are moral standards as moral standards are the basis for
moral behaviour and differ significantly from non-moral standards. For example, the
decision as to the colour of a new motor car would be a decision based on a non-moral
standard, such as fashion or taste. What then, is the origin of moral standards ?

Ethical theories are about justifying our moral actions (Rossouw, 1994). They propose the
appropriate reasons on which our moral decisions should be based and attempt to justify
moral standards. It has been suggested that the wide range of ethical theories could be
divided into four basic categories, namely:
• Consequence based theories
• Principle based theories
• Virtue based theories
• Narrative based theories

A short overview of these four categories of moral theories is presented below.

Consequence based theories
Consequence based theories emphasis that we should look at the possible consequence
or practical implications of our intended actions in order to determine whether an action is
right or wrong. If the bad consequences outweigh the good ones, the proposed action
should be abandoned and it should be regarded as morally wrong.

The best-known consequence based theory is utilitarianism developed by Jeremy

Bentham (1748-1831) and John Stuart Mill (1806-1873). Utilitarianism is the moral
doctrine that we should always act so as to produce the greatest possible balance of good
over bad for everyone affected by our action. Bentham argued that when evaluating an
action or making a choice one ought to take into account not only the consequences of
that action itself, but its consequences to all those affected by the act as well. He believed
that people ought to act so as to promote the greatest good for the greatest number.

Bentham believed that the interests of the community were simply the sum of the interests
of its members and advanced the notion that an action promoted the interests of an
individual when it added to the sum total of the individual’s pleasure or diminished the
sum total of the person’s pain. For Bentham, pleasure and pain were merely types of
sensations, which differed only in number, intensity and duration.

John Mill thought Bentham’s concept of pleasure was too simple. He viewed human
beings as having elevated faculties that allow them to pursue various kinds of pleasure,
including pleasures of the intellect and imagination. Thus, for Mills the utility principle
allowed consideration of the relative quality of pleasure and pain. This basic form of
utilitarianism is referred to as act utilitarianism.

Professor Richard Brandt of the University of Michigan proposed a different form of

utilitarianism known as rule utilitarianism. The theory maintains that the utilitarian standard
should be applied not to individual actions, but to moral codes as a whole. As Brandt
(1983) explains

“A rule-utilitarianist thinks that right actions are the kind permitted by the moral code
optimal for the society of which the agent is a member. An optimal code is one designed
to maximise welfare or what is good (thus, utility). This leaves open the possibility that a
particular right action may not maximise benefit… On the rule-utilitarianism view then, to
find what is morally right or wrong we would need to find which actions would be permitted
by a moral system that is optimal for the agent’s society”.

Thus, according to rule utilitarianism, we ought always to act on those rules which if
generally followed would produce the most good for the most people and individual
actions are right when they conform to those rules (Martin and Schinzinger, 1989).

Egoism contends that an act is moral when it promotes an individual’s long term interests.
It should be noted that that the term individual, used in this context, refers to a single
person, a group, organisation, society or nation. From an egoistic perspective, an act
contrary to one’s self interest is an immoral act.
Distinction is drawn between two kinds of egoism, namely personal and impersonal.
Personal egoists claim that they should pursue their own best long-term interests, but do
not prescribe what others should do. Impersonal egoists claim that everyone should follow
his or her best long-term interests.

A closely related doctrine, called psychological egoism, is founded on the notion that
human beings are, as a matter of fact, so constructed that they must behave selfishly.
While ethical egoism is a normative theory stating how people ought to behave,
psychological egoism is a descriptive theory that states that people do, in fact, act solely
to promote their own interests.

Principle based theories

Principle based theories emphasis that our moral actions should be in accordance with a
pre-established rule, or set of rules (Rossouw, 1994). They are also referred to as
deontological theories. These theories contend that there is more to the determination of
right and wrong than the likely consequences of an action. In other words, what matters is
the nature of the act in question, not merely its results.

Kant’s Duty Ethics. German philosopher Immanuel Kant (1724-1804) believed that moral
rules can, in principle, be known as a result of reason alone and not based on
observation. In contrast to consequence based theories, he believed that we do not have
to know anu likely results in order to know that an action is immoral. In Kant’s words, “The
basis of obligation must not be sought in human nature, nor in the circumstances of the
world”. In essence, he regarded duties, rather than good consequences, as fundamental
to moral decision making.

Kant believed that the origin of moral duty lay in moral commands, which he referred to as
categorical imperatives. These categorical imperatives, which are absolute, unconditional,
logically consistent and free from internal contradiction, must conform to three principles

Universalisation. Categorical imperatives are binding on us only if they are also applicable
to everyone. That is, moral reasons and principles are those that we are willing to have
everyone act upon and which we can conceive of all people heeding. For Kant, the notion
of a universal moral principle, or set of principles, is at the heart of morality.

The Principle of Humanity. Kant valued goodwill, the intention to do one’s duty and
believed that people have an inherent worth as rational beings insofar as they have the
capacity for good will. This capacity makes people worthy of respect (Martin and
Schinzinger, 1989). Rational creatures should always treat other rational creatures as
ends in themselves, and never as only means to ends.

The Principle of Universal Acceptability. Kant believed that moral law must be universally
acceptable because each person, through his or her act of will, legislates the moral law.
The principle of acceptability is a function of the fact that each moral being gives himself
or herself the moral law. The test of the morality of a rule is not whether people in fact
accept it, but whether all rational beings thinking rationally would accept it regardless of
whether they are the doers or the receivers of the actions.
In making ethical decisions about actions, Kant held that we should ask ourselves
whether we would be willing to have everyone take that action. In other words, one should
not only ask “What shall I do ?” but also “What should I do ?”.

Rawls’s Duty Ethics. John Rawls developed the theory advanced by Kant by suggesting
that valid principles of duty are those which would be voluntarily agreed upon by all
rational persons in a hypothetical contracting situation which he refers to as the “original
position”.

Locke’s Rights Ethics. John Locke (1632-1704) argued that to be a person entailed
having human rights, to life, liberty and the property generated by one’s labour
(sometimes referred to as Lockean rights). He viewed rights primarily as entitlements that
prevent other people from meddling in one’s life. These are referred to as negative or
liberty rights that place duties on other people not to interfere with one’s life (Martin and
Schinzinger, 1989).

Melden’s Welfare Rights Ethics. Melden argued that having moral rights presupposes the
capacity to show concern for others and to be accountable within a moral community. He
further proposed the notion of positive welfare rights, which he defined as rights to
community benefits needed for living a minimally human life. Not all moral rights are
human rights, some arise from special relationships and roles which people may have.
For example, a promise gives rise to the special right to have the promise kept. However,
for Melden, promises create special rights because people have human rights to liberty
and because breaking a promise is a way of interfering with the liberty of the person to
whom one has committed one’s help by making a promise.

Virtue based theories

Virtue based theories emphasize that moral behaviour presupposes a well-formed moral
character. It is only when the character of the individual has been properly formed that
one might expect prolonged moral behaviour from any person. Proponents of virtue based
theories thus shift the emphasis from our moral actions to our moral character (Rossouw,
1994). These theories have the advantage of striking a balance between external and
internal control, without sole reliance on external measures such as laws and rules to
ensure moral behaviour. Examples of one classical and one contemporary virtue ethicist
are as follows:

Aristotle (384-322 BC). Aristotle defined virtues as acquired habits that enable us to
engage effectively in rational activities. He defined virtues such as foresight, efficiency,
perseverance and creativity as intellectual virtues necessary for rational activity to
distinguish them from moral virtues. He used the term, ‘The Golden Mean’, to describe
moral virtues that are tendencies, acquired through habit formation, to reach a proper
balance between extremes in conduct (Martin and Schinzinger, 1989). For example,
courage is the approximate middle ground between foolhardiness and cowardice.

MacIntyre. Alasdair MacIntyre advanced the notion of practices as being cooperative

activities towards achieving social goods that could not otherwise be achieved. These
goods (or outcomes) are internal to the practices in that they provide definition in the
practice. They differ from external goods (or outcomes) such as fame and prestige, which
can be achieved through many kinds of activities and do not define any specific practice
((Martin and Schinzinger, 1989).

Narrative based theories

Narrative moral theories do not take their starting point in either the moral action or the
character of the moral agent, but in a certain understanding of morality (Rossouw, 1994).
Religious ethics (sometimes referred to as divine command ethics) are best described as
narrative based ethics. Actions are considered as being moral if they can be harmonised
with the comprehensive narrative and are rejected if they cannot be accommodated
therein.

Although religion is the most obvious example of this type of ethical theory, many
businesses base their moral culture on a narrative approach.

Ethical relativism, although not strictly a moral theory, is best grouped under narrative
based theories. This is a view that there is no one universal standard or set of standards
by which to judge an action’s morality. It is a theory that states that what is right is
determined by what a culture or society says is right. If this view is held, the same act may
be morally right for one society and morally wrong for another.

MORALITY AND VALUES

Values can be distinguished from morality and ethics in that not all values can be
considered moral values. Only those values that seek the well being of other people can
be considered as moral values. Ernest Hemingway supported this distinction between
values and morals in his book Death in the Afternoon, when he wrote “What is moral is
what you feel good after and what is immoral is what you feel bad after”. Thus the notion
of morality incorporates the notion of considering and protecting the interests of others as
opposed to a simple application of personal interests. Velasquez (1982) describes this
view of morality as “The moral point of view, that is, is a point of view that does not
evaluate standards according to whether or not they advance the interests of a particular
individual or group, but that goes beyond personal interest to a universal standpoint in
which everyone’s interests are impartiality, counted as equal”. We will see later that this is
an extremely important consideration when assessing professional behaviour and
associated codes of ethics.

What is the difference between morality and ethics ? The word ethics arising from the
Greek word ethos meaning character or custom, is defined as the science of morals,
moral principles or code. Some philosophers distinguish ethics from morality in that
‘morality’ refers to human conduct and values, whereas ‘ethics’ refers to the study of
those areas. This implies that ‘morals’ refers to the conduct itself and ‘ethics’ refers to the
study of moral conduct. In everyday parlance, the terms ‘ethical’ amd ‘moral’ are
interchanged to describe people and actions, resulting in a dominant trend in recent
publications where the two concepts are treated as synonymous (Rossouw, 1994).
A question arises from the comparison of morality and law inasmuch as whether the law is
a reliable standard for determining moral conduct. For this to be true, what is legal must
always be moral and what is not prohibited by law must always be moral. In considering
the first condition, there are many examples in the South African context where actions
were taken in terms of apartheid laws, such as forced removals and detention without
trial, which were clearly legal but immoral. The numerous international examples of
business profiteering at the cost of human misery (e.g. manufacturing at slave labour
rates in certain countries with the support of the local government) serve as examples of
cases where what is not prohibited by law is not necessarily moral. Thus, although useful
in alerting us to moral issues and informing us of our rights and responsibilities, the law
cannot be taken as an adequate standard of our moral conduct.

ETHICS AND BUSINESS

It has often been said that business and ethics don’t mix, with many believing that the
term business ethics is a contradiction in terms. Milton Friedman (1970) an economist and
Nobel Laureate, saw little scope for business ethics and the resultant social responsibility,
in stating “There is one and only one social responsibility of business – to use its
resources and engage in activities designed to increase its profits as long as it stays
within the rules of the game, which is to say, engages in open and free competition,
without deception or fraud”.

Not everyone agrees with this sentiment. De George (1993) refers to Friedman’s
statement as ‘The Myth of Amoral Business’, arguing that “business, like most other social
activities, presupposes a background of morality and would be impossible without it”. In
recent years there has been an emerging consensus among business leaders – in small
and large organisations alike – that the role and responsibility of business extends well
beyond the critical importance of wealth creation. Many feel that the application of ethics
and an adoption of social responsibility form an appropriate long-term strategy.

While socially responsible companies might lose ground in the short term to those
organisations that indulge in sharp practices, they may well reap long term benefits, the
ethical approach ensuring future profits. It is argued that business ethics are a critical
element between a business and its customers. Fundamental to all customer relationships
is a foundation of integrity, ethics and trust.

It has been suggested that there is a distinction of three levels of moral responsibility for
business, namely:

• The Macro-economic level. This deals with the moral legitimacy of the various
economic systems incorporating issues such as distributive justice, etc.
• The Meso-economic level. The roles, responsibilities and proper relationships
between business, the state and society form the basis of this level. The social
responsibility of business being the key focus area.
• The Micro-economic level. This deals with the moral problems and choices of
business people.
Whilst there are other opinions on categorisation, what s important is an understanding
that moral pressure and the associated need for ethical practice arises at a number of
levels, resulting in complex and expansive ethical issues and problems.

No discussion of business ethics related to issues in South Africa is complete without

consideration of the application of business ethics in developing countries. Businesses
dealing in the international arena are often confronted with two different sets of moral
standards, one for developing countries such as South Africa and one for the developed
countries.

Rossouw (1994) suggests that this difference in moral standards stems from the following
issues,

1. Most businesses, in developing countries, are involved in a struggle for survival

and therefore cannot afford morality.
2. Businesses simply persist with a style of doing business, which stems from an
earlier phase. For example, much of the style of doing business in South Africa
today stems from practices in the apartheid era.
3. Certain structural deficiencies in developing societies which restrain business from
developing a moral code.

Morality and ethical codes

Somewhere between etiquette and law, lie professional codes of ethics. Various
definitions of ethical codes have been proposed, but no commonly accepted definition has
yet been reached. Nevertheless, in recent publications three common themes emerge:
• An ethical code is a formal and written document
• The content of such document consists of morally oriented policies
• These policies are formalised in order to guide the behaviour of users

For the purpose of this study, the definition of Schwartz (2001) is therefore used because
it encompasses all these themes. An ethical code is defined as ‘a written, distinct and
formal document which consists of moral standards used to guide employee or corporate
behaviour’. A variety of factors has pressured organisations to develop ethical codes.
External to the organisation, governments, public opinion and consumers increasingly call
for responsible behaviour or organisations. They may respond to these pressures by
formulating ethical codes and showing a concern for ethics. In fact, several authors
propose that limiting legal responsibility and promoting the public image are important
motives in this process. However, one may question the morality of developing ethical
codes if they are mainly used as a tool to silence and pacify society. Also, internally,
employees increasingly ask for clarity on ethical issues and request a codification of the
organisation’s ethical values. Several studies indicate that ethical codes are used to solve
ethical contradictions and inconsistencies in organisations and to transmit the
organisation’s moral principles to the employees. Despite the wide range of potential
marketing purposes, perhaps the overriding objective of personal codes is to influence the
behaviour of employees by serving as guidelines in moral issues.
 CODES OF CONDUCT IN THE BUILT ENVIRONMENT PROFESSIONS

On completion of this section you should be able to :

• describe codes of professional ethics

• appraise codes of ethical practice adopted by employer groups

PROFESSIONAL CODES
Whereas ethical codes are developed within an organisation, many professional
associations also develop codes or rules in order to guide the behaviour of their members.
Generally, members of a professional body are considered to have agreed to abide by the
rules of the particular profession, as a condition of their engaging in that profession.
Violation of these rules could result in the individual losing their right to practice the
particular profession. In many cases, parts of the code of ethics are unwritten and are part
of a common understanding of what constitutes professional conduct.

Martin and Schinzinger (1989) advance four views of how members of professions acquire
ethical obligations.
• Via the law. This issue has been discussed above, concluding that the law is not
an adequate standard for our moral conduct
• By joining a professional society and thereby agreeing to live in that society’s code
of ethics. This view places the emphasis on the voluntary act of the individual
agreeing to abide by a code rather than being enforced to via laws. Since many
professional codes of ethics are no more than a set of basic guidelines, this cannot
be the sole origin of ethical obligation
• Via contractual agreements forming the basis of their appointment. This may
introduce specific responsibilities, but most clients or employers would expect
professional ethics to be an unwritten part of an appointment of contract
• By entering the profession, individuals have made a broad tacit promise to the
public and society as a whole to act ethically in considering the interests of the
public as well as their own interests. It can be argued that it is for this reason that
society affords many professions (engineers, architects, quantity surveyors, etc) a
‘privileged’ status reserving specific types of work, etc.

Thus it can be seen that the nature and origin of professional codes of ethics is broad and
as a result, what constitutes acceptable professional conduct cannot easily be defined.
Given their nature, professional codes of ethics are often considered to be neither a
complete, nor a completely reliable guide to one’s moral obligations.
THE NEED FOR PROFESSIONAL CODES OF ETHICS
It has been shown above that codes of professional practice are an extension of rules of
conduct used in business generally. In this section, a closer look at various codes used is
undertaken, seeing how they address the moral dilemmas that professionals may
encounter.

It should be clear that the need for a particular form of codification is driven by the nature
of professional activity. We will take a detailed look at these underlying factors in the third
part of this module. However, a fundamental aspect within the concepts discussed is that
a person entering a professional discipline is understood to be technically competent,
committed, learned, and a person of integrity.

Increasingly, the law regulates all aspects of business life. Whereas unwritten moral
codes used to guide the actions of managers and professional men and women, today
ethical codes, guidelines and the rule of law seem to be taking over. The danger of this,
however, is that what is moral becomes confused with what is legal. It was illustrated in an
earlier part of this module that these concepts are fundamentally different.

The professional person needs to have their status substantiated by credentials, in order
to reassure the public of their trustworthiness. All professional credentials have one
reference point, and that is exclusivity, resulting from some sort of selection procedure.
For registration, or membership of a professional body to be meaningful, registration or
membership must be restricted. These restrictions need to relate to public perceptions of
standards and also to professional aspirations, and take the form of codes.

Greenhalgh (1997: 227) appropriately states that “The codes have three main functions.
One is to provide present and future credibility for the organisation. They afford values to
the organisation which otherwise would be lacking. This cannot be understated but it is
intangible, and is a product of the other two functions. These other functions are to
produce a yardstick standard for the organisation – a level above which many, it is hoped,
will attain but below which none will be included, and also to provide a mechanism and
structure within the organisation for preserving these standards and for removing or
censuring those members who fail to comply”.

The public often knows that certain organisations are professional and august bodies,
whose members have attained a high standard and have been admitted to membership
on a selective qualitative basis. It further knows that the members of these institutions are
subject to codes of practice which are intended to protect the interests of their clients and
the public, and that if they fail to comply with these codes then they will be subject to
sanction of some form.

Internationally, membership of these organisations is discretionary, and codes are

enforced more as a preventive measure than as a retrospective judgement. This is based
on the philosophy that it is little comfort to a client to learn that their errant surveyor has
been ‘struck-off’ after the client has suffered the damage. The prestige of membership
and consequential commercial advantages, acts as a positive incentive for the surveyor to
maintain eligibility for membership of the organisation.
The previously mentioned yardstick standards take various forms, but generally include
the provision of some method of qualitative assessment such as examination and
assessment of professional competence. This is linked to a framework of structured
learning, usually through higher education or Continuing Professional Development
(CPD). The public is aware of these yardsticks even if it is ignorant of the precise
mechanisms. In South Africa, two different scenarios are in place for quantity surveyors.
Membership of the Association of South African Quantity Surveyors (ASAQS) is voluntary
(and therefore can be compared with the majority of overseas professional organisations),
whilst all quantity surveyors wishing to practice as such, ‘quantity surveying’ being
‘protected’ in terms of an Act of Parliament, must be registered with The South African
Council for the Quantity Surveying Profession (SACQSP). The implications of sanctioning
authority wielded by the SACQSP are therefore more severe than that of the ASAQS
which operates in the interests of its members. A similar situation pertains to many other
African countries.

THE NATURE OF CODES

Professional codes enable ethical reflection and development, and are a means of
developing the integrity of the professional body. The public declaration of the principles
and views on responsibility and practice of a professional organisation provide a
benchmark against which the practice of the profession can be evaluated.

Ethical behaviour is an essential component in effective human societies. The aim is to

enable collaboration between individual members, thereby improving the overall quality of
life and fulfilment in the society, by creating an atmosphere of trust. The increasing
awareness of social, international and global issues has expanded our awareness and is
moving towards a sense of responsibility which extends far more widely than was the
case when professional standards were first formulated.

The changing context in which professionals practice requires a review of traditional

ethical practices and requirements. There is a need in many areas to enhance
professional standards and to increase awareness of the changing perceptions of the
community at large as to the nature of professional integrity and practices. Environmental
and human issues, the interests of minority groups, international competition, and the
growth in information technology, all affect our activities.

That which distinguishes the ethical person from the well-behaved is a belief in values.
The development of a personal value system results in ‘moral maturity’ – a state in which
the individual has developed the capacity to take responsibility for ethical decision
making. The importance of the virtues in ethical practice is clear. It is said that there are
four fundamental virtues (Plato’s ‘Divine Virtues’). They are:
• Wisdom
• Temperance
• Fortitude
• Justice
In the nature of things, hierarchies arise in societies, reflecting, in healthy communities,
the different levels of understanding of the members of those societies, and their
consequent different responsibilities. It has been said that the levels of responsibilities of
society can be formalised as ranging across a wide spectrum. These can be summarised
as what is good for:
• the environment
• mankind
• my associates (other professionals, citizens, countrymen)
• my family
• me

Many apparent conflicts of interest can be resolved by reference to the next level ‘up’ in
this hierarchy of values. On the assumption that members are individually responsible for
their own and their families’ welfare, the rules (codes) of practice are concerned primarily
with the upper three categories.

Armstrong et al (1999) include an interesting comparison of ethical codes used within the
engineering sector in Europe. The reader is encouraged to undertake a similar study of
international professional bodies, both within and outside of the built environment. Details
of these organisations are generally freely available through the World Wide Web.
Sometimes the terminology used to identify the codes is not that clear. In addition, codes
can vary from very short (for example that of the International Cost Engineering Council
[ICEC]), to more complex, such as that of the Engineering Council of South Africa
(ECSA).

One of the more important considerations when drafting or evaluating a code of conduct
relates to that of the public interest. In recent times, much has been said in particular
about the responsibilities of professionals with respect to the environment, much of it
slanted towards the ecological and topographical impact of projects. There are two views
on the issues, one maintaining that retention of current environmental circumstances must
prevail at all costs, whilst others believe that it is important to maintain a balanced view of
the overall needs of societies, to consider economic, social and political interests as well
as those of the physical environment. It is clear therefore, that great challenges face the
authors of professional codes of ethics when accommodating such different viewpoints.

The key qualities of the professional in these general areas are concern for the public
interest and evident integrity. Public confidence in the integrity of the professions is
essential to the provision of a responsible service. To this end professional practitioners
must not only be competent and trustworthy, but must be seen to be so.

Armstrong et al (1999: 44) state that the key factors concerning integrity and the public
interest, from the point of view of drafting codes of conduct are:
• “The adoption of a balanced, disciplined and comprehensive approach to problem
solving. It should be clear to all that professional judgement and skill are being
 used to enhance human welfare and diminish negative effects of developments.
Working practices should be efficient and economical.
• The discharge of public functions reasonably and lawfully. Conflicts of interest
must be avoided, advice must be independent and impartial, free from any
personal interests of the professional.
• As far as possible all information should be freely available. It should not be
misused to mislead or deceive, nor should confidential material be disclosed.
Public statements must be made only in an objective and truthful manner.
• Procedures should be established and followed for reporting irregularities and
conflicts of interest. Requirements by clients for the professional to accept
instructions which are perceived to be against the public interests must not be
accepted.”

An approach adopted by some is to apply the so-called Seven Principles of Public Life.
These are:

Selflessness. Such persons should take decisions solely in terms of the public interest.
They should not do so in order to gain financial or other material benefits for themselves,
their family or their friends.

Integrity. Holders of public office should not place themselves under any financial or other
obligation to outside individuals or organisations that might influence them in the
performance of their official duties.

Objectivity. In carrying out business, including making public appointments, awarding

contracts or recommending individuals for rewards and benefits, holders of public office
should make choices on merit.

Accountability. Holders of public office are accountable for their decisions and actions to
the public and must submit themselves to whatever scrutiny is appropriate to their
position.

Openness. Holders of public office should be open as far as possible about all the
decisions and actions they take. They should give reasons for their decisions and restrict
information only when the wider public interest clearly demands.

Honesty. Such persons have a duty to declare any private interests relating to their public
duties and to take steps to resolve any conflicts arising in a way that prospects the public
interest.

Leadership. Holders of these positions should promote and support these principles by
leadership and example.

CREATION AND APPLICATION OF CODES

As mentioned previously, the South African quantity surveying fraternity is generally
subject to the rules of both the ASAQS and the SACQSP. Until June 2007, these
organisations were strongly linked, sharing a common secretariat. Interestingly however,
the two organisations had separate codes of conduct which are found on the website of
the ASAQS (http//www.asaqs.co.za), and through links on this site to the SACQSP portal.
Candidates are urged to access and download the individual codes for professional
reference purposes.

It has been suggested that certain aspects should be taken into consideration when
writing a code of ethics. Candidates should critically study both the ASAQS and the
SACQSP codes to see how they shape up in terms of the issues listed.

1. What will be the purpose of any new code? Is it to regulate behaviour? To inspire?
2. Different kinds of documents serve different purposes. Is the new document
intended to guide people or to set out requirements? Is it really a Code of Ethics
that you need? One might consider creating a Statement of Values, a Policy, a
Mission Statement, a Code of Conduct. How do these differ from one another?
3. A code of ethics should be tailored to the needs and values of one’s organisation.
4. Many ethics codes have two components. First an aspirational section, often in the
preamble, that outlines what the organisation aspires to, or the ideals it hopes to
live up to. Second, an ethics code will typically list some rules or principles, which
members of the organisation will be expected to adhere to.
5. Will a new ethics document include some sort of enforcement? If so, what kind ?
6. Often the principles or values listed in an ethics document will be listed in rough
order of importance to the organisation. The ordering need not be strict, but
generally the value or principle listed first will have a natural prominence.
7. Think carefully about the process by which a new code is created. Who will be
involved? A small working group? Or all the people affected by the code? How will
one distil the needs of the organisation and the beliefs of the members into a
document? The process may matter as much as the final product.
8. How will the new code be implemented? How will it be publicized, both inside and
outside of the organisation? What steps, if any, will be taken to ensure that the
values embodied in the code get implemented in organisational policies and
practices?
9. How / when will the code be reviewed / revised?

Both the ASAQS and the SACQSP codes were compiled at about the same time (2000).
How do they compare with one another? It is suggested that candidates compare both
codes in terms of the criteria indicated in the literature as being of prime importance.

A further consideration in appraising codes relates to their relevancy. In some instances,

the codes were formulated many years ago, or otherwise the original ‘old fashioned’ code
has merely been modified in more recent times. Several of the professional codes of
South African built environment professions have developed in this fashion. Some
academic papers have been written on issues which typically may be deficient in such
cases. For instance, does the code of ethics reinforce old ‘colonial’ approaches or does it
adopt a more modern, ‘inclusive’ approach? Does it reflect the broader views of the
politically democratised society, or does it still reflect outdated discriminatory practices ?
Pearl et al (2004) critically comment on many of these issues. The important issues of
health and safety and environmental awareness are also dealt with in some detail by
Pearl (2005).

How then does an individual decide whether or not an action is ethical? Codes of Ethics
are not always able to assist is this process. It has been suggested that the following ‘8
steps to sound ethical decision making in business’ can provide guidance in this regard.
The steps (in order) that are suggested are:

1. Gather the facts

2. Define the ethical issues
3. Identify the affected parties
4. Identify the consequences
5. Identify the obligations
6. Consider your character and integrity
7. Think creatively about potential actions
8. Check your ‘gut feel’

Perhaps the best common-sense approach described is that if a person would be

embarrassed by someone close to one (parent, spouse, child etc) becoming aware of the
dubious action through public disclosure (e.g. a newspaper expose’), one’s conscience
should be followed and the action should not be implemented.
 ETHICAL STANDARDS AND PROFESSIONAL PRACTICE

On completion of this section you should be able to :

• Explain differences between ‘professions’ and ‘professional practice’

• Identify ethical attributes within professions

• Identify unprofessional conduct

• Describe ethics relative to the rendering of professional services

IDENTIFYING A PROFESSION
This module describes the essential features of a profession, what it means to engage in
a profession, and what it means to be a professional or exhibit professionalism. There is a
significant body of literature, most particularly in the field of sociology that deals with these
issues.

Many of these sources contradict one another, and are often the product of abstract
academic arguments, rarely considering empirical evidence. The study of professions is
particularly relevant at this time. Perlstadt (1998) takes a fairly ‘middle ground’ approach
in describing a profession as referring “to the umbrella covering both discipline and
practise that fosters status and respect by establishing entrance examinations, practice
standards, and codes of ethics to assure quality and protect the public”. An important
component here is the “discipline and practise”, described by Khurana et al (2004) as
including “a common body of knowledge resting on a well-developed, widely accepted
theoretical base”. The nature of this component is however, not universally accepted.
Perlstadt (1998) takes a fairly isolated view in stating that ‘discipline’ refers to “the
development of abstract knowledge and instruction within and across academic
institutions”, whilst ‘practise’ is described as referring to “the application of the knowledge
system to diagnose, advise, counsel, intervene, and/or treat within an independent or
entrepreneurial setting”.

In contrast, Abbott (1988: 112) found, “in terms of the public’s [and clients] perception
1. that the essence of a profession is its work, not its organisation,
2. that many variables affect the content and control of the work, and
3. that professions exist in an interrelated system”

In essence however, the key concepts identified by most authors are that the occupational
value of practitioners is based on trust, competence, a strong occupational identity and
co-operation. In confronting these concepts, you are directed to read the paper by Knight
and Morledge (2005) which admirably describes the various abstract considerations.
Khurana et al (2004) use a fairly mundane approach to the definition of a profession in
stating that the criteria they use in its identification are as follows:

1. a common body of knowledge resting on a well-developed, widely accepted

theoretical base
2. a system for certifying that individuals possess such knowledge before being
licensed or otherwise allowed to practice
3. a commitment to use specialised knowledge for the public good, and a
renunciation of the goal of profit maximisation, in return for professional autonomy
and monopoly power
4. a code of ethics, with provisions for monitoring individual compliance with the code
and a system of sanctions for enforcing it

The primary focus of their approach rests on the so-called ‘body of knowledge’. A
profession’s body of knowledge is sometimes referred to as the abstract knowledge used
by practitioners to perform the profession’s work. Using this approach, abstract knowledge
in our context is what a quantity surveying practitioner knows and applies to a
construction project. This is not to be confused with the skills QS’s need to practice or
tasks that are required to be performed. It is the currency of a profession; it is what makes
a profession legitimate and valued by the public (Abbott, 1988). Once the profession’s
abstract knowledge is identified, one can communicate with and beyond the profession
about such work. One can also determine if the knowledge areas identified represent
quantity surveying practice today. By knowing where the profession is today, based on the
body of knowledge, one can determine where the profession wants to be in the future and
the path to get there.

A profession’s claims to validity in the use of this term involves three parts – claims to
classify a problem, to reason about it, and to take action on it. Theoretically, these are the
three acts of professional practice, and such practice is tied directly to a system of
knowledge that formalizes the skills on which the work proceeds. The expert knowledge
amounts to an internally consistent system of abstract propositions that describes the
classes of phenomena comprising the profession’s focus of interest. Theory serves as a
base in terms of which the professional rationalizes his or her operations in actual
situations. It is the linking of professional skill with the prior or coincidental mastery of the
underlying theory that is the true distinction of a professional.

Professional expertise is a mixture of several kinds of practical and theoretical knowledge,

both the standardised variety (that which can be taught, often referred to as the ‘science’),
and the cognitively indeterminate (the so-called ‘art). This raises the issue of the nature of
the ‘expert knowledge’. In post-industrial societies the concept of ‘knowledge’ has gained
an increasingly complex meaning, referring both a stable domain of expertise and a
rapidly changing texture of concepts and skilled performance. This complexity is
illustrated in an ever-broadening view of knowledge and skills requirement ranging from
relational skills and an increased demand for authenticity of feeling on the one hand, to
hard skills and images of professionals as entrepreneurs and creators of knowledge on
 the other. Abbott (1988) clearly demonstrates that the definition of professional jurisdiction
(the tasks) must be linked to a formal system of knowledge that legitimizes and
‘expertizes’ the profession’s jurisdiction, delineating the foundation of their expertise in the
figure below.

Figure 1: The nature of professional knowledge (Abbott, 1988)

Is it therefore necessary that the ‘expert knowledge’ be the unique preserve of that
specific profession? This surely cannot be. Professions exist in a system in which one
jurisdictional boundary bumps into the adjacent one; an increase in the boundary of one
automatically produces the loss of jurisdiction in another, or as commonly occurs, creates
an overlap of expertise and knowledge.

A more compelling argument rests on the principle that the work is of special value to the
client. Education, training and experience are fundamental requirements but once
achieved (and sometimes licensed) then the exercise of discretion based on
competencies is central and deserving of special status. The practitioners have special
knowledge and skill and (especially if its practice is protected by licensing) there is a need
to trust professional’s intentions. As a consequence externally imposed rules governing
work are minimized and the exercise of discretion and good judgement, often in highly
complex situations and circumstances, and based on recognised competencies are
maximised.

An alternative important consideration is the opinion of some authors that a profession’s

ability to adapt to changing conditions and survive is dependent upon continued
enhancement of its body of knowledge. This view is based upon the contention that
professionalism is aimed at maintaining ‘market closure’, ‘monopoly control of work’
(Larson, 1977), and occupational dominance. These ‘jurisdictional boundaries’ (Martin
and Guerin, 2006), are often blurred in the modern business world as a result of rapid
technological growth and availability, creating an overlap of expertise and knowledge.
Knight and Morledge (2005) comment that the quantity surveying profession is currently in
a satisfactory state, but note that future status and growth is dependent upon continued
development of abstract knowledge.

Professional authority, while conceptually distinct from knowledge, is intimately linked to

the profession’s body of theory. Most clients find a sense of security in the professional’s
assumption of authority. In a classical sense, authority signifies a power that is in some
sense legitimate and justified, and therefore compels trust and confidence. Historically,
professionals drew authority from their ‘high’ social position. Although status still retains a
diminished place in determining authority, the principal basis for confidence these days
depends upon assumed scientific expertise.

In the modern-day professional-client relationship, it is the professional who possesses

authority, through his implied expertise, with the client being in a subordinate position.
Thus, professional authority is actually an expression of social control. This type of
authority depends upon two sources for validity – legitimacy and dependence. As for
legitimacy, academic knowledge legitimizes professional work by clarifying its foundations
and tracing them to major cultural values, typically those of rationality, logic, and science.
With regards to dependence, the kind of authority claimed by professions here involves
not only skill in performing services, but also the capacity to judge the experience and
needs of clients. Professional authority calls for voluntary obedience; it is usually enough
that clients recognise they ought to follow their professional’s advice in awareness of the
adverse consequences that may befall them if they do not.

Professional authority suggests a relatively wide knowledge gap between the client and
the professional. In the past, this gap has constituted the historical and logical basis for
two well-known professional taboos – advertising and fee-bidding for professional
services. In both of these instances, professional ideology holds that clients lack the
ability-the discriminating capacity-to capably select from among competing practitioners or
forms of service. In recent times this has proven to be an area of significant change for
many professions.

In the latter part of the nineteenth, and the first decades of the twentieth centuries,
quantity surveying, like other ‘non classical’ professions such as engineering, experienced
a gradual shift from “rule of thumb” to “rule of science”. During this period, education
became the institutional locus for the cultural ideal of science, but professionals only
reluctantly embraced it-ostensibly because of the value they placed on “practical know-
how” as opposed to ‘theory”. Nevertheless, by the mid-twentieth century, higher education
and professionalism for various construction-centred disciplines were firmly emplaced.

The primary purpose of positioning learning in universities is to transmit formally a body of

expert knowledge that will enable the professional to practice his or her skills as at
acceptable level of competence. A secondary purpose of higher education-not always
acknowledged because it is achieved not through formal instruction, but through contact
with learned academics and peers-is the transmission of values, attitudes, and
commitments that serve to assimilate the novice to a set of professional attitudes and
controls, professional conscience, and solidarity. In addition to transmitting professional
knowledge and values to students, an equally important responsibility of the university is
to develop new and better knowledge and theory on which professional practice is based.

Professional occupations have their own unique forms of organisation and control, with
the professional association, or society, being one obvious example. The professional
associations constitute an expression of group consciousness and unity born of members’
common vocational experiences, interests and aims. Their broader purpose is to
strengthen and elevate the profession’s status, which they do through defining
professional issues and priorities, maintaining standards of performance, and controlling
access to the group.

The professional associations seek strong-ideally, full membership from the practitioners
such that, externally, the associations may profess to speak for the collective interests of
the group. Because the professional person is strongly oriented toward his or her peers,
even when he or she competes with them for clients and for public and professional
prestige, there exists a high potential for networking and establishing professional
relationships. Younger members have the opportunity to see the acknowledged leaders in
their chosen field, and perhaps meet them informally. Rank and file members, elite
practitioners, and the isolated professional who has no colleagues in his or her firm-all
may participate in the business of their society through presenting, listening to, or
discussing technical papers, sitting on committees and the like, and as such they may
affirm their identity as representatives of their chosen professions.

If professional associations are the obvious case of professional organisation and control,
only slightly less obvious are the monopolization aspects of professional work.
Professions seek the formal sanction of society-a de facto monopoly over their particular
area of jurisdiction. The profession’s official monopoly exists through their control over
training centers, use of the professional title, the professional licence, and other privileges
and powers.

Professional autonomy corresponds to the degree to which trust actually occurs in the
professional-client relationship. In other words, autonomy indicates how much the client
(or society) actually believes the profession’s authoritative claims. For example, the client
might completely trust the professional’s skill and competence (at the individual level) as
well as the larger professional structure, including its development of theory, educational
and training centres, licensing process, professional ideals, and the like (the occupational
level). Such complete trust will translate into full autonomy for both the individual
practitioner and the profession; they are free to act, with the only proviso being the
expectation that they do what they think is best. However, for a number of reasons, the
client might not fully trust in the ability of the profession or a particular practitioner to
capably handle his or her affairs. In this case the client will grant only limited autonomy
and will require other reassurances besides the word and acts of the professional.

From a professional consultant’s perspective, the ideal situation is one where full
autonomy is granted, granting the freedom to act as they judge best. Such freedom is not
without obligation. The professions exercise great care to explain why professional
autonomy is not a matter of self-interest, but is a requirement for offering the best possible
service to the public. These explanations reside in the professions’ ethical codes.

The ability of professionals to operate effectively within the environment described has
guaranteed significant privileges (monopolies, restrictive arrangements, self regulation)
and rewards (high income, status, discretion) which have often been criticised and
resisted in other areas of the economy, but which, in this context, are justified and
accepted through rhetorics of quality and public interest.

This explains the material and symbolical appeal of professional careers and has
transformed professionalisation (the process through which occupations accomplish or at
least claim professional status) into a reliable strategy for upward mobility and social
advancement; thus fuelling over the years the steady expansion of the system of the
professions (Larson, 1977). The common approach adopted is illustrated in figure 2.

Figure 2 – Professionalisation process model (Silvers, 2003)

Throughout most of the twentieth century, the professionalisation of everyone was thought
to be a credible prognosis for the future of work, being the standard organisational
solution for the production and delivery of expertise in knowledge-based occupational
groups. Yet a series of broader developments ultimately connected with the radical
reworking of the relationship between markets and state, has vigorously shaken its
institutional and ideological scaffolding whilst advancing the competing logics of
entrepreneurship, managerialism and consumerism. In particular, professions have been
the targets internationally of sustained deregulatory efforts on behalf of many
administrations; professionals have been exposed in the workplace to the increasing
routinisation, rationalisation and commoditisation of their work and of their expertise;
finally, and perhaps most importantly, professionalism, as a distinct occupational ideology
and work organisation method, has been increasingly demystified and discredited in the
wider political economy (Lawson, 2004).

In this context, there is a strong indication that the trajectory of change for the professions
is, inevitably, one of long-term decline. Indeed, professionalism has lost its historical
stronghold on expert services, as new forms of knowledge-based occupations are
shunning traditional recipes, centred on occupational closure, and developing more
entrepreneurial and managerial modes of organisation and operation. There is no doubt
that the professions are confronted by considerable challenges but it is also true that they
are well placed to manage such challenges and that they have, historically, proven to be
particularly flexible and resilient (Evetts, 2005). In particular, they have succeeded to
develop new patterns of organisation and new modes of operation which are considered
more appropriate for the new ideological and institutional climate.

PROFESSIONALISM
In recent times the focus has moved away from whether or not a discipline ‘qualifies’ to be
termed a profession (as a distinct and generic category of occupational work), and
professionalisation (the process to pursue, develop and maintain the closure of the
occupational group), to the analysis of the concept of professionalism and how it is being
used (Khurana et al, 2004).

Professionalism “consists of a skill or quality component and a relational component. The

skill component requires that a professional be competent in performing the tasks of his or
her work, while the relational component requires that the work the professional does will
not be harmful to persons or society. Each of these, when actualized. Allows an individual
to exhibit professionalism” (Brincat, 2000: 21).

It is evident from the material above that being a professional, and exhibiting
professionalism, are good things. Although work in and of itself has no moral status, the
execution of work or how it is done has moral status. This moral status comes into effect
as we appreciate the way an occupation is executed relative to our criteria for judging
action in general. Our work often puts us into situations where we must bracket our
personal commitments in order to uphold the commitments we have made to our work or
our profession, but we still find the same things worth prizing; it is just that the criteria by
which they are judged valuable is often more complicated in an occupational situation.

Evetts (2005) pertinently points out that there are two different forms of professionalism in
modern-day knowledge-based private sector work. She describes these as organisational
and occupational professionalism. Organisational professionalism is “a discourse of
control used increasingly by managers in work organisations. It incorporates rational-legal
forms of authority and hierarchical structures of responsibility and decision-making. It
involves the increased standardisation of work procedures and practices and
managerialist controls. It relies on externalised forms of regulation and accountability
measures such as target-setting and performance review. In contrast, and again as an
ideal-type, occupational professionalism is a discourse constructed within professional
occupational groups and incorporates collegial authority. It involves relations of
practitioner trust from both employers and clients. It is based on autonomy and
discretionary judgement and assessment by practitioners in complex cases. It depends on
common and lengthy systems of education and vocational training and the development
of strong occupational identities and work cultures. Controls are operationalised by
practitioners themselves who are guided by codes of professional ethics which are
monitored by professional institutes and associations”. (Evetts, 2005: 4)

The notions of trust, competence and professionalism have been inextricably linked and
interconnected throughout the ages, when doctors, lawyers and clergymen were expected
to provide altruistic advice within a community of mutually dependent middle, and upper
class clients. Friedson (2001) has drawn attention to this class-based nature of
professional relationships. Interesting academic studies relating to the concept of trust
have been conducted by Wong et al (2000), and Smyth (2006)

It is noted that the conditions of trust, discretion and competence have in the past 50
years been continually challenged and / or changed. An increasingly litigious culture,
fuelled by knowledge of large financial gains from negligence cases (Particularly in the
USA), is further undermining trust and professionalism. Does the increased use of the
discourse of professionalism as a managerial instrument of occupational control mean the
further decline of trust? Does the expansion of target-setting and accountability mean
competences can no longer be relied upon? As service and knowledge-based work
expand, are professional occupational groups becoming less distinct and more like other
organisational employees?

Perhaps Lawson (2004: 34) best describes this situation. “Understanding professionalism
today by reading the literature is like a genealogical search for family likeness through
examining reproductions of old and faded photographs, some of which may never have
had high image quality in the first place. Part of the meaning of professionalism is now
obscure or lost; descriptions of the traits are reduced to simple lists, professional roles are
confused, and implications of the traits for professional practice lie buried and
unrecognisable. And this is all inexorably complicated by the fact that professionalism has
not remained constant, but is changing, even as society has changed. The result is that
the contemporary meaning of professionalism is now out of focus”.

BUILT ENVIRONMENT PROFESSIONS

As noted in the second part of this module, the structure of the built environment
development structures in South African have been significantly amended through
national legislation which has been promulgated since 2000. In some instances, changes
of this kind were long overdue, as described in Pearl (2004). From a view of
‘professionalisation’ perhaps the most significant event to date has been the recognition of
construction managers (representing the broad spectrum of the formal construction
sector) and project managers as ‘professional bodies’ and consequently, their members
as ‘professionals’. The relevancy of this action can be established by consideration of the
review of international corruption within the construction sector as described in
Transparency International’s 2003 report, and the Chartered Institute of Building (CIOB)
(2006) report on corruption in the UK construction industry.

This has had the effect of theoretically changing the relationship between consulting
professionals acting on behalf of clients, and the constructors. The paper by Jefferies and
Kirk (2004) describes efforts within the Australian construction industry to encourage
different participants in the construction sector to adhere to industry-wide codes of
practice. Further studies have also been published by Rogers (1980) as well as Jackson
(2000) dealing with the United States, and Zarkada-Fraser and Skitmore (2000) in another
Australian report. It seems as if the Far East is currently the prime area in the world where
ethics amongst built environment professionals (particularly quantity surveyors) is a topic
of interest amongst the academic fraternity. There have been many significant papers
written by academics resident in that area such as Dabson et al (2007), Fan et al (2001a)
and Fan et al (2001b), as well as Ho and Ng (2003). Of particular interest are studies of
student perceptions regarding ethics, as described by Axford (2005) and Jackson and
Murphy (1998). No research has been conducted to date on the results of these efforts or
the local changes, so the research papers referred to in this part of the module refer to
circumstances prevailing within the traditionally adversarial relationship between
constructors (not subject to adhering to professional norms), and consultant practitioners.
A considerable amount of research has been conducted into the field of ethical behaviour
in the construction industry, much of it being based in South Africa. Readers are required
to access the papers by Shakantu (2003), as well as Bowen et al (2007) which describe
the situation from a broad construction industry basis.

A slightly different viewpoint is adopted by looking specifically at professional ethics. This

was initiated by a paper by Vee and Skitmore (2003), looking at the situation within the
Australian construction industry. In time, comparative South African studies were
undertaken by Pearl et al (2005), and Bowen et al (2006). This field of study remains one
where there is vast scope for further research, both within South Africa, and across
international boundaries. The published ‘’body of knowledge’ in this field has been
enhanced in recent years by studies on both built environment disciplines, as well as
other occupations. In this regard, published work by Khurana et al (2004) and Martin and
Guerin (2006) provide useful insights into views on ethics as practised in other fields.

Whilst there is a large body of literature on corruption in the construction industry world-
wide, it is encouraging that several papers and reports deal with ways to prevent or
minimise such practices. Papers which fall into this category include Transparency
International (2005), Knight and Morledge (2005), Poon (2003), Poon (2004a), Poon
(2004b), and Ray et al (1999).
A further specific area of research which is an offshoot of broad studies in ethics relates to
matters of trust and culture. Prominent amongst these studies are the works of Liu et al
(2004), as well as Swan et al (2002).

REFERENCES

The reference sources indicated below are a list of published material cited in the paper
above with electronic links. You are expected to read / review as many of these sources
as possible prior to undertaking tutorials and the final module examination. Electronic
versions of all these sources (other than for books) are lodged in an archive which may be
accessed via the AAQS website (Closed User Group) in the Education section.
Alternatively, most of these sources are freely available via the internet.

Abbott, A. (1988) The system of professions : an essay for the division of expert labour.
University of Chicago Press.

Architectural Profession Act, 2000 (Act 44 of 2000: Government Gazette)

Armstrong, J., Dixon, R., and Robinson, S (1999) The decision makers : ethics for
engineers. Thomas Telford Publishing, London.

Axford, B. (2005) Entering professional practice in the new work order: a study of
undergraduate students and their induction into professional work. The Australian
Educational Researcher, Vol. 32, No. 2. August. pp. 97-104

Bowen, P.A., Pearl, R.G., and Akintoye, A.(2006) Professional ethics in the South African
construction industry. Building Research & Information. (0), pp. 1-18

Bowen, P.A., Akintoye, A., Pearl, R.G., and Edwards, P.J.(2007) Ethical behaviour in the
South African construction industry. Construction Management and Economics (June) 25,
pp. 631-648.

Brandt, R.B.(1983) Facts, Values and Morality. University Press, Cambridge, United
Kingdom.

C.I.O.B. (2006) Corruption in the UK construction industry. 2006 survey and report. The
Chartered Institute of Building.

Construction Industry Development Board Act, 2000 (Act 38 of 2000 : Government

Gazette)
Council for the Built Environment Act, 2000 (Act 43 of 2000 : Government Gazette)

Dabson, J., Plimmer, F., Kenney, S., and Waters M. (2007) Ethics for surveyors: what are
the problems ? Strategic Integration of Surveying Services, FIG Working Week, Hong
Kong, SAR China, 13-17 May.

De George, R. T. (1993) Business Ethics. McMillian Publishing Co. Inc.

Engineering Profession Act, 2000 (Act 46 of 2000 : Government Gazette)

Evetts, J. (2005) The management of professionalism : a contemporary paradox. Seminar

paper, Kings College, London. 19th October.

Fan, C.N.L., Ho, M.H.C., and Ng, V. (2001a) Effect of professional socialisation on
quantity surveyors’ ethical perceptions in Hong Kong; Engineering, Construction and
Architectural Management, Vol. 8, No. 4, pp. 304-312

Fan, C.N.L., Ho, M.H.C., and Ng, V. (2001b) A study of quantity surveyors’ ethical
behaviour; Construction Management and economics, 19, pp. 19-36

Friedson, E. (2001) Professionalism : the third logic. Cambridge:Polity

Ho, M.C., and Ng, C.V. (2003) Quantity surveyors’ background and training, and their
ethical concepts, conceptions and interests considerations; Construction Management
and Economics, 21, pp. 43-67

Jackson, B. (2000) The perceptions of experienced construction practitioners regarding

ethical transgressions in the construction industry. Report of survey conducted at
California Polytechnic State University, San Luis Obispo, California.

Jackson, B.J., and Murphy, J.D. (1998) The perceptions of construction students
regarding the ethics of the construction industry; Journal of Construction Education, Vol.
3, No. 3, pp. 199-212

Jefferies, M., and Kirk, A. (2004) Ethical behaviour in the construction procurement
process. Proceedings, CIB W107 & TG23 Groups, Globalisation and Construction
Conference, Bangkok, Thailand, 17-19 Nov. pp. 941-950

Khurana, R., Nohria, N., and Penrice, D (2004) Management as a profession.

Unpublished report – Division of Research and Faculty Development, Harvard Business
School,
Knight, A., and Morledge, R. (2005) Professionalism and ethical decision making.
International RICS Foundation Cobra Conference, Brisbane

Landscape Architectural Professional Act, 2000 (Act 45 of 2000 : Government Gazette)

Lawson, W.D. (2004) Professionalism : the golden years. Journal of Professional Issues
in Engineering Education and Practice. ASCE. January. Pp. 26-36

Liu, A.M.M., Fellows, R., and Ng, J. (2004) Surveyors perspectives on ethics in
organisational culture. Engineering Construction and Architectural Management, 11, 6,
pp. 438-449

Martin, C.S., and Guerin, D.A. (2006) The interior design profession’s body of knowledge.
University of Minnesota.

Pearl, R.G. (2004) The architectural and quantity surveying professions in South Africa -
are they suffering from a terminal illness ? 4th World Congress, International Cost
Engineering Council, Cape Town, April (Proceedings issued on CD)

Pearl, R G. (2005) Instilling a culture of caring within professional legislation. Proceedings

of 4th Triennial CIB W55 Conference on Health and Safety; Port Elizabeth. 17 to 20 May

Pearl, R.G., Crompton, D.W., Gungapersad, N., and Bowen, P.A. (2004) A critical review
and evaluation of the ethical standards existing in the built environment professions. 4th
World Congress, International Cost Engineering Council, Cape Town, April (Proceedings
issued on CD)

Pearl, R.G., Bowen, P.A., Majanjee, N., and Evans, K.(2005) Professional ethics in the
South African construction industry – a pilot study. International RICS Foundation Cobra
Conference, Brisbane

Perlstadt, H (1998) Bringing sociological theory and practice together : a pragmatic

solution, Sociological perspectives, 41, 2, pp. 268-271

Poon, J. (2003) Professional ethics for surveyors and construction project performance:
what we need to know; Proceedings of the RICS Foundation Construction and Building
Research Conference (COBRA 2003), September, Wolverhampton

Poon, J. (2004a) The study of ethical behaviours of surveyors. Proceedings of the RICS
Foundation Construction and Building Research Conference (COBRA 2004), September,
Leeds Metropolitan University.
Poon, J. (2004b) Factors influencing ethical decision making for surveyors. Proceedings
of the RICS Foundation Construction and Building Research Conference (COBRA 2004),
September, Leeds Metropolitan University.

Project and Construction Management Professions Act, 2000 (Act 48 of 2000 :

Government Gazette)

Property Valuers Profession Act, 2000 (Act 47 of 2000 : Government Gazette)

Quantity Surveying Profession Act, 2000 (Act 49 of 2000 : Government Gazette)

Ray, R.S., Hornibrook, J., Skitmore, M., and Zarkada-Fraser, A. (1999) Ethics in
tendering: a survey of Australian opinion and practice, Construction Management and
Economics, 17, pp. 139-153

Rogers, C.T. (1980 The end-use problem in engineering ethics. Proceedings of the
biennial meeting of the philosophy of science association. Vol 2, pp. 464-480

Rossouw, D. (1994) Business Ethics in Africa. Oxford University Press

Schwartz, M. S. (2001) The nature of the relationship between corporate codes of ethics
and behaviour; Journal of Business Ethics, 32, pp. 247-262

Shakantu, W. (2003) Corruption in the construction industry: forms, susceptibility and

possible solutions. Proceedings of the 1st CIDB sponsored postgraduate student seminar,
Port Elizabeth.

Silvers, J.R. (2003) Event management : profession or occupation ? Retrieved February

2008 from : http://www.juliasilvers.com.embok/profession_occupation.htm

Smyth, H. (2006) The moral economy and operationalising trust. Proceedings of the RICS
Foundation Construction and Building Research Conference (COBRA 2006), September,
University College, London.

Swan, W., McDermott, P., Wood, G., Thomas, A., and Abott, C. (2002) Trust in
construction – achieving cultural change. Report for the Centre for Construction
Innovation in the North West, United Kingdom.

Transparency International (2005) Preventing corruption on construction projects – risk

assessment and proposed actions for project owners. March. Internet version available on
http://www.transparency.org.uk.
Transparency International (2003) Anti-corruption initiative in the construction and
engineering industry. Introductory Report. Internet version available on
http://www.transparency.org.uk.

Vee, C. and Skitmore, M. (2003) Professional ethics in the construction industry; Journal
of Engineering, Construction and Architectural Management, 10 (2), pp. 117-127

Velasquez, M.G. (1982) Business ethics, concept and cases. Prentice-Hall, New Jersey,
USA.

Wong, E.S., Then, D., and Skitmore, M. (2000) Antecedents of trust in intra-organizational
relationships within three Singapore public sector.construction project management
agencies. Construction Management and Economics, 18, pp. 797-806

Zarkada-Fraser, A. (2000) A classification of factors influencing participating in collusive

tendering agreements; Journal of Business Ethics, 23, pp. 269-282

Zarkada-Fraser, A., and Skitmore, M. (2000) Decisions with moral content: collusion;
Construction Management and Economics, 18, pp. 101-111
SELF-ASSESSMENT QUESTIONS
EXERCISE 1
It is usual to distinguish between professional and general ethics because of differences in
audience, content and method. Give an example of a way in which the following concerns are
relevant to us generally and to the specific profession of quantity surveying. That is, give an
example of a way in which justice is a concern to everyone (general ethics) and then how justice is
a concern in the quantity surveying profession by means of discussing justice relative to audience,
content and methodology (professional ethics).

OR

EXERCISE 2
Determine if you are a holist or a separatist for the following commonly understood moral goods.
First, answer if you are a holist or a separatist. Next, give an example of how the value would be
held to or violated in both your professional and personal life (holist), or give an example of how
the value would not be held or violated in both your professional and personal life (separatist).

OR

EXERCISE 3
(a) Ethical behaviour in the general business arena has been described as “behaviour that is
consistent with the principles, norms and standards of business practice that have been
agreed upon by society”. What happens if a society hasn’t agreed? And what happens if
you’re doing business in a society different from your own? How would you define
ethical behaviour then?
(b) Is diversity management an ethical issue? Discuss and substantiate your answer.
(c) Is sexual harassment as important an issue for men as it is for women? Discuss and
substantiate your opinion.
(d) What conditions would make accepting a gift from a business associate acceptable?
(e) Why do certain professions – bankers, accountants, lawyers, quantity surveyors,
physicians, clergy have fiduciary responsibilities? (agents legally responsible for
managing property, finances etc for the benefit of another individual or a group)
(f) What conditions would have to be present for you to ‘blow a whistle’ about unethical
conduct you observed at work? How would you go about it?

EXERCISE 4
You work for Red Co. You and a colleague, Pat Brown, are asked by your manager to attend a week-
long conference in Cape Town. At least 25 other employees from Red Co. are attending, as well as
many customers and competitors from other institutions. At the conference, you attend every session
and see many of the Red Co. people, but you never run into Pat. Although you left several phone
messages for her, her schedule doesn’t appear to allow room for a meeting. However, when you get
back to the office, the department secretary, who’s coordinating expense reports, mentions to you that
your dinner in Cape Town must have been quite an affair. When you ask, “What dinner?”, she
describes a dinner with 20 customers and Red Co. employees that Pat paid for at a posh Cape Town
restaurant. When you explain that you didn’t attend, she shows you the expense report with your
name prominently listed as one of the attendees. Describe at least two ways in which you could
handle this situation.

OR
EXERCISE 5
A definition from Molander (1987: 619), is that a code of ethics is a written expression of “the
principles of right and wrong conduct which guide the members of a group, profession, or
society”. Codes of conduct generally require that members maintain a higher standard of conduct
than that called for by law (Greenhalgh, 1997).
One of the functions of codes is to influence the decisions which individuals make so that the
resulting behaviour is considered acceptable (Ferrel and Fraedrich, 1991). Further, the use of a
code of conduct assists the profession in its ongoing relationship with society and its desire for
self-regulation (Cohen and Dent, 1991). The code is therefore a vehicle which assures the public,
clients and colleagues that members are competent, have integrity, and that the profession intends
to maintain and enforce high standards (Ward, 1993). However, since codes should be brief to be
effective, and because it is not possible to foresee the potential range of moral problems that can
arise, they contain mostly general guidance.
It is the opinion of Wotruba et al. (2001), that codes of ethics can serve three major purposes in
organizations, namely:
1. Demonstrating a concern for ethics by the organization,
2. Transmitting ethical values of the organization to its members, and
3. Impacting the ethical behaviour of those members.

An alternative view of the primary objectives to be met by codes of ethics is that of Oldenquist and
Slowter (1979). They state that core concepts in professional codes, in order of significance, deal
with:
(1) the public interest,
(2) qualities of truth, honesty, and fairness, and
(3) professional performance.

As part of the course activities in this Module, you were required to study the typical composition
and structure of the code of conduct / ethics relating to Quantity Surveying in South Africa
(SACQSP or ASAQS). Critically discuss the relevant clauses which comprise this code in the
context of the issues listed above, commenting on their potential to meet these specific criteria.

OR

EXERCISE 6
Lawson (2004) uses three attributes to depict the professional ideal - knowledge, organization, and
the ethic of service - in the belief that these three attributes subsume the detail ordinarily intended
and expressed by expanded lists. More explicitly, his conceptualization of the professional ideal
consists of the following:
• Knowledge, as expressed and reflected in a body of theory, professional authority, and higher
education;
• Organization, as expressed in professional associations, monopoly and licensing, and
professional autonomy; and
• The ethic of professional service, as expressed in the service ideal, codes of ethics, and the career
concept.

Describe in detail either your own profession, or alternatively, one of the professions recognized
by the Council for the Built Environment in relation to these attributes, in determining their current
standing as a ‘profession’. You should reflect upon the specifics of the profession by comparison
either with other professions, or professional disciplines as practiced overseas.
 OR

EXERCISE 7
It is generally accepted that there are four types of ‘Moral Theories’. Identify them and describe
the primary nature of each system, together with any subsets that are associated with each primary
grouping. Wherever possible, indicate who the promoters of each system have been

OR

EXERCISE 8
You are a young engineer / quantity surveyor / project manager in a professional consultancy, and
have been advised by the senior partner of your firm that the organisation is considering promoting
you to an associate partner. You are responsible for contract administration on a large milling
project and it has been agreed with the contractor that monthly payments will be based on itemised
claims that they will compile. You are, however, still contractually responsible for submitting a
monthly valuation to the Architect for certification.
In checking the contractor's claim this month, you note that they have made a significant error (R
28 000) in the calculation of the index-based cost-reimbursement amount. You are of the opinion
that the contractor will be unlikely at a later stage to notice this under-claim. You apply high
professional standards, however, and correct the contractor's claim when compiling your payment
valuation document. This comes to light at a subsequent management meeting (before the
Architect's payment certificate has been compiled), and the building client is scathing in his
criticism of your action. Although your firm has been the sole financial consultant for his
organisation for many years, the client CEO threatens that he will take his business elsewhere,
unless you modify the valuation in line with the contractor's claim.
How best do you handle this situation ? If you were able to reverse the process experienced, would
you handle it differently, and if so, how?
Your commentary should incorporate all viewpoints on the processes, particularly describing in
detail the ethical choices you are confronted with.

OR

EXERCISE 9
The professional ethics literature often indicates that a framework for moral analysis which may be
appropriate for the compilation of a professional code of ethics should take into consideration the
following aspects:
• Integrity
• Respect
• Justice
• Compassion
• Beneficence / non-maleficence
• Responsibility

Discuss these features in detail, providing examples of how they may be applied in practice by a
professional person (most particularly quantity surveyors) in the built environment.

OR
EXERCISE 10

The professional ethics literature often indicates that a person called upon to make ethical
decisions in a business environment should ideally follow the following 8 steps to support a
decision:
• Gather the facts
• Define the ethical issues
• Identify the affected parties
• Identify the consequences
• Identify the obligations
• Consider your character and integrity
• Think creatively about potential actions
• Check your ‘gut’
•
Discuss these features in detail, providing examples of how they may be applied in practice by a
professional person in the built environment

OR

EXERCISE 11

a) A common excuse for carrying out a morally questionable action is, “If I don’t do it someone
else will.” This rationale may be tempting for quantity surveyors who typically work in
situations where someone else might be ready to replace them on a project. Do you view this
as a legitimate excuse for engaging in projects which might be unethical?

b) Another commonly used phrase, “I only work here,” implies that one is not personally
accountable for the company rules since one does not make them. It also suggests that one
wishes to restrict one’s area of responsibility within tight bounds as defined by those rules.
Respond to the potential implications of this phrase and the attitude represented by it when
exhibited by quantity surveyors.

Your answers should incorporate practical examples of typical instances within quantity surveying
practice where these approaches may be encountered.

OR

EXERCISE 12

Comment on the following passage: “A code only sets the limits beyond which behaviour will be
condemned, and the moral level is not high when all or most of those who live under it always act
within a hairline of those limits. Codes, in fact, are for criminals and competitors, not for
professionals that want to be known as dedicated” (Barzun, 1978: 67). Specifically, is this true of
the quantity surveying code studied by you as part of the module? Provide reasoned, practical
discussion as it relates to particular aspects of the relevant code.

OR

EXERCISE 13

Apply utilitarianism, duty ethics, and rights ethics in resolving the following moral problems. Be
sure to consider alternative versions of each theory, such as act-utilitarianism and rule-
utilitarianism. Do the theories lead to the same or different answers to the problems? Give fully
reasoned explanations of the choices made, indicating the linkage between your selected choice
and the specific ethical theories adopted in each case. You should answer any 5 of the 6 problems
described.
a. A train is approaching a switch, and it is traveling too fast to stop before a tragedy
occurs. Tied to one form of the track are the leaders of three important nations (who are
vital to current efforts to achieve world peace and prosperity), Tied to the other fork are
four people who are your closest friends and relatives, but who have no international or
even national social importance. If you were in control of the switch, which fork in the
track ought you to select?
b. A doctor can save the lives of three important national leaders by making transplants of
the kidneys and heart of a local convicted mass murderer who is serving a life sentence.
The operations would be done in secrete and would involve the full co-operation of the
local police officials, who would claim the murderer was killed, while trying to escape
from prison. Is it morally permissible (i.e. all right) to make the transplants?
c. George had a bad reaction to an illegal drug he accepted from friends at a party. He
calls in sick the day after, and when he returns to work the following day he looks ill.
His supervisor asks him why he is not feeling well. Is it morally permissible for George
to lie by telling his supervisor that he had a bad reaction to some medicine his doctor
prescribed for him?
d. Jillian was aware of a recent company memo reminding employees that office supplies
were for use at work only. Yet she knew that most of the other engineers in her division
thought nothing about occasionally taking home notepads, pens, computer discs, and
other office ‘incidentals’. Her 8-year old daughter had asked her for a company-
inscribed ledger like the one she saw her carrying. The ledger costs less than R 100,
and Jillian recalls that she has probably used that much from her personal stationery
supplies during the past year for work purposes. Is it all right for her to take home a
ledger for her daughter without asking her supervisor for permission?
e. Robert is a fourth year quantity surveying student who has been placed on probation for
a low grade-point average, even though he knows he is doing the best work he can. A
friend offers to help him by sitting next to him and ‘sharing’ his answers during the
next exam. Robert has never cheated on an exam before, but this time he is desperate.
Should he accept his friend’s offer?
f. Because he had been mugged before, Bernard Goetz (who happened to be a land
surveyor) illegally carried a concealed revolver when he rode the New York subway.
When several young men confronted him in a threatening way, asking for money, he
drew the revolver and fired several shots that resulted in permanent injuries. Did his
right to life and his right to defend himself justify his acts of (i) carrying the revolver,
and (ii) using it as he did?