ETHICS RELATIVISM, LAW, REGULATIONS, AND COMPLIANCE. Richard De George University of Kansas

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1 ETHICS RELATIVISM, LAW, REGULATIONS, AND COMPLIANCE Richard De George University of Kansas

2 SCIENCE AND ETHICS Compliance Legal Rules Codes of Conduct Ethics Rules Decision Framework

3 RELATION OF ETHICS AND SCIENCE Ethics begins before science and research Ethics informs and is informed by science and research Ethics continues after research ends

4 ETHICS BEGINS BEFORE SCIENCE AND RESEARCH 1. Researcher as human being with moral responsibilitygeneral moral rules apply 2. Human subjects as moral beings with rights 3. Moral limits on certain kinds of research 4. Moral evaluation of aims of research 5. Moral evaluation of research methods

5 ETHICS CONTINUES AFTER RESEARCH ENDS 1. Responsible for dissemination of results 2. Responsible for uses to which research put 3. Responsible for commercialization of research 4. Responsibility of science as a profession

6 AIMS OF ETHICS EDUCATION RE SCIENCE AND ENGINEERING STUDENTS 1. Teach them pertinent laws and rules 2. Sensitize them to ethical issues 3. Give them the tools necessary to think through ethical issues: vocabulary and techniques 4. Enable them to take part in ethical discussions about policy (Making them philosophers is not an aim of ethics in scientific education.)

7 CODES AND RULES Re Human and animal subjects Institutional Review Boards National Institutes of Health (NIH) Policy Office of Research Integrity Belmont Report (1979) World Medical Association s Declaration of Helsinki Nuremberg Code Institutional Animal Care and Use Committee Department of Health and Human Services U.S. Public Health Service

8 CODES AND RULES (II) Re Academic Misconduct Dept. of Health & Human Services (Conflict of Interest) Federal Policy on Research Misconduct (Fabrication, plagiarism Re Professions and Societies The Chemist s Code of Conduct Association of Computer Machinery (ACM) Code of Conduct American Mathematical Society Ethical Guidelines

9 LAWS, CODES AND RULES (III) 1. Necessary but not sufficient need interpretation 2. Necessarily incomplete new issues 3. Give false impression that what is not covered is allowed or not required 4. Can be morally evaluated 5. Create impression that ethics is imposed from without, and dependent on rulemaker (why accept them?)

10 ETHICS: A TWO EDGED SWORD 1. Positive aspect: reinforce rules and codes 2. Critical aspect: question rules and codes

11 WHOSE ETHICS? Start with: where the students are conventional morality rules of scientific research Move to: inconsistencies uncovered areas open questions

12 ETHICAL RELATIVISM 1. There are no universal ethical norms. All norms are relative to one s society. 2. There are no universal ethical norms. All norms are relative to the individual. 3. Any individual s or any society norms are as valid as any other.

13 DIFFICULTIES WITH ETHICAL RELATIVISM It is inconsistent. It is not clear in a pluralistic society what the society s view is on many issues. If it is right: no one judges actions, simply reports one s feelings or what one s society says no two societies (or individuals can disagree.) no society (or individual) can be mistaken one can change the morality of an action by changing one s feeling about it

14 ETHICAL RELATIVISM Ethical relativism is often confused with: 1. Reluctance to judge others. 2. Uncertainty about the morality of an action. 3. Tolerance of differences. 4. Differences in social customs 5. Aversion to absolutism

15 KEY ETHICAL TERMS Good and bad consequences Fairness and justice Rights Duties (obligations) Ideals Moral imagination Responsibility, blame, shame, guilt

16 SOURCES OF ETHICS 1. Scientific method as a source of ethics in research 2. Ethical theories as a source of ethics in research

17 SCIENTIFIC METHODS AS A SOURCE OF ETHICS IN RESEARCH 1. Moral traits demanded of the scientist: honesty truthfulness accuracy intellectual integrity objectivity patience intellectual courage 2. For the scientist: freedom to pursue research freedom to publish

18 ISSUES EXTERNAL TO SCIENCE: E.G., EMBRYONIC STEM CELL RESEARCH ISSUES OF INFORMED CONSENT PATIENT'S RIGHTS INTERNAL TO SCIENCE E.G., TRUTH IN REPORTING RESULTS ACCURACY IN RECORD KEEPING PLAGIARISM AND PROPER CITATION

19 ETHICAL THEORIES AS A SOURCE OF ETHICS IN SCIENCE AND RESEARCH Aim: make sense of moral experience by finding principles that explain (and/or correct) conventional morality on basis of reason and human psychology Techniques: evaluate consequences understand basis for duties develop a logic of rights consider demands of justice develop traits of character

20 ETHICS AS FREEDOM 1. Free vs. slave mentality 2. Free to engage intelligently in debate, e.g., re embryonic stem cell research 3. Free to evaluate rules 4. Free to take part in creating rules

21 IF WE HAVE THOSE AIMS, HOW CAN WE ACHIEVE THEM? 1. Teach pertinent laws, rules, codes--throughout the curriculum 2. Sensitize to ethical issues--throughout the curriculum 3. Give them the tools necessary to think through ethical issues -- stand-alone course 4. Enable them to take part in ethical discussions about policy -- stand-alone course

22 CHALLENGE OF ETHICS AND SCIENCE EDUCATION 1. Engage entire faculty 2. Make room for both compliance and ethics in courses

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