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Course of Study:
(PHIL104) Ethics and Justice

Title of work:
Routledge encyclopedia of philosophy (1998)

Section:
Professional Ethics pp. 733--737

Author/editor of work:
Craig, Edward.; Routledge (Firm)

Name of Publisher:
Routledge
PROFESSIONAL ET HICS

Sprague, R.K. (ed.) (1972) The Older Sophists, law, have also been characterized by a considerable
Columbia, SC: University of South Carolina Press, degree of authority and autonomy in their practice.
70-85. (Full English translation of the fragments The epithet 'liberal' emphasized their suitability for
and testimonia from Diels and Kranz (1952).) the 'free man'; 'learned' brought out their relationship
• Xenophon (c.360 BC), Memorabilia, trans. E.C. to a body of knowledge. The fact that professionals
Marchant, Loeb Classical Library, Cambridge, are said to 'practise' rather than 'work' is itself
MA: Harvard University Press and London: significant in reinforcing their autonomy and status.
Heinemann, 1923, II 1.21-34. (Greek text with Along with the autonomy of the individual profes­
English translation; Prodicus' 'Choice of Heracles' sional, professional bodies have also been accorded a
is at II '1.21-34.) significant degree of autonomy in controlling both
access to the profession and professional conduct.
CHARLES H. KAHN Eliot Freidson (1994) outlines the problems of
defining 'profession' in terms of a number of
characteristics or traits and considers instead a
definition in terms of process, that is, how particular
PROFESSIONAL ETHICS occupational groups gain professional status. He
argues, however, that this covertly defines a profession
Professional ethics is concerned with the values as an occupation that has gained professional status.
appropriate to certain kinds of occupational activity. Freidson's view is that the concept of 'profession' is
such as. medicine and law, which have been defined one that is tied to particular socio-cultural conditions,
traditionally in terms of a body of knowledge and an namely Anglo-American industrial nations which
ideal of service to the community; and in which associate status with occupation, rather than with
individual professionals have a high degree of autonomy education, as is more common, he claims, in other
in their practice. The class of occupations aiming to European countries.
achieve recognition as professions has increased to The traditional classification of professions has
include, for example, nursing, while at the same time been subject to two contrasting trends: first, the
social and political developments have led to criticism attempt by some groups for recognition as professions
of and challenge to the concepts of professions and or neo-professions; and second, challenge to the
professionalism. Problems in professional ethics include notion of professionalism either because of its
both regulation of the professional-client relationship conceptual inadequacy, as noted by Freidson, or on
and the role and status of professions in society. A the grounds of its social consequences.
central question for ethics is whether there are values or Nursing is a prominent example of an activity
virtues specific to particular professions or whether the which has aimed at recognition as a profession, in its
standards of ordinary morality are applicable. struggle to distance nurses from the image of
handmaiden and to advance towards their acceptance
1 What is a profession? as accountable professionals (see NURSING ETHics);
2 Professional ethics: the problems to discard the metaphor of loyalty and take up that of
3 Theoretical approaches: external and internal advocacy (see Winslow 1984). In such struggles, the
concepts of professional autonomy and accountabil­
1 What is a profession? ity play a part along with the identification of a body
of knowledge.
The term 'profession' is used in different senses. In a Coinciding with a move on the part of some groups
wide sense it simply means someone's occupation; in a to become recognized as professions, there has been a
narrower sense it refers to a certain kind of activity, challenge to the concepts of 'profession' and
one carrying with it a certain status and associated 'professionalism', and an attempt to replace the focus
with a particular ethic. Traditionally a profession has on the concept of profession with one of a set of
been marked out by a body of knowledge, mastery of competences, in other words, to concentrate on what
which (at least partly) regulated entrance to its ranks; people do and achieve rather than on their status. One
and by an ideal of service (see Airaksinen 1994). Since reason for this has been that critical, reflective
the body of knowledge had the potential to confer professionals, with autonomy over their practice,
power, money and status, professionals were expected may be seen as a threat (see Williams 1996). A second
to use their skills for the benefit of the community. reason is connected with the potential for professions
Those groups which have long been secure in their to become self-serving elites (see Freidson 1994; Illich
recognition as professions, the so-called liberal or 1977). Yet a third is the increase in criticism if not
learned professions such as medicine, divinity and the litigiousness of more knowledgeable clients. Williams
733
r

PROFESSIONAL ETHICS

contrasts the professional approach and the compe­ this has been exacerbated by social and political
tence-based approach in the following way: 'Compe­ developments (see Pellegrino 1991). The trend
tent workers are content to be described as such, and towards client autonomy, attempts by government
trainers do not try to push them any further, while to curb the independence and privilege of profes­
reflective practitioners aspire to research their own sionals, and media criticism have all had their effect.
practice and agencies' (Williams 1996: 8). Darryl Koehn (1994) adds to this list the assault of
What is not in dispute between the two approaches academic disciplines such as sociology and philo­
is an attempt to distance what is required from sophy. The sociological critique has suggested that
incompetence. J.K. Davis (1991), for example, has professions, rather than being essentially moral
argued that for professionals it would not be sufficient enterprises, are in fact effective monopolistic institu­
that a client was satisfied, if the professionals tions and that the professed commitment to ethical
themselves felt that the service was below standard. ideals, rather than conferring legitimacy on the
For the professional, however, it is more than simply profession, is nothing more than ideology. Ivan Illich
doing a competent job: a worker becomes a profes­ has termed the mid-twentieth century the age of
sional by professing reasons for doing their work in a 'disabling' professions: far from using their knowl­
certain way. edge to serve, they have become forms of control,
claiming the authority to determine human needs.
'Homes are transformed into hygienic apartments
2 Professional ethics: the problems where one cannot be born, cannot be sick and cannot
Problems of professional ethics fall into two broad die decently' (Illich 1977: 27).
categories, but both arise essentially from professional Philosophers have taken issue with a self-derived
power. The first is concerned with the professional­ ethic which permits professionals to be guided by
client relationship, while the second relates to the role standards other than those of ordinary morality.
of professions and professionals in society as a whole. 'Problems in professional ethics typically arise when
Although an ideal of service is supposed to provide the values dominant within particular professions
a safeguard to promote the use of professional come into conflict with other values in the course of
expertise to help rather than harm, specialist knowl­ practice. Professionals are likely to perceive these
edge, to which professionals have access and clients do values as dominant where others may not' (Goldman
not, does give power to the professional, and the 1992: 1018). The possibility of self-derivation is linked
client is thus placed in a vulnerable position. One with the autonomy of professional bodies in deter­
caveat however is thaf the paradigm of a relationship mining standards of practice. A self-derived ethic
between two individuals is inadequate because it might take one of two forms. In one form it is
overlooks those professions which do not conform to associated with the idea that there are certain ways of
this pattern, such as teaching, which may be but behaving appropriate to different roles, which diverge
commonly is not done on a one-to:one basis (see from those suited to people who do not fill that role.
Langan 1991). For example, it might be argued that a lawyer is under
The most thorough discussion of the professional­ an obligation, arising out of the lawyer's role, to
client relationship has taken place in relation to the achieve the best result for a client even if that conflicts
medical profession, with regard both to the feasibility with what they believe as a private individual.
of applying traditional ethical theories to the pro­
blems of medical practice and to the development of a I remember a custody case for a most disagreeable
set of principles specific to the context of the man whose wife had left him with the children. I
relationship between health care professional and remember reducing her to floods of tears in the
patient, as in Beauchamp and Childress' principles of witness box and l felt very badly about it because I
biomedical ethics (1979) - autonomy, beneficence, thought she was a very nice woman, which she was,
nonmaleficence and justice. A question about the use and her husband was a shit. On professional
of power in the medical context would be whether grounds I knew I had done a really good job. But
practitioners should use their expertise to decide, as a father of young children I really thought that
beneficently, what is in the patient's interest, or the right result hadn't been achieved.
provide information to enable the patient to take an (Quoted in Chadwick _1991)
autonomous decision (see MEDICAL ETHICS §2). It is possible to interpret this quotation in different
The second category of problems is more con­ ways. It might be seen either as a clash between
cerned with the role and image of professionals in
society. While it may be true that there has always professional standards and 'ordinary' morality, or as
been a tendency towards distrust of professionals, a conflict between two different moral viewpoints: the

73 4
PROFESSIONAL ETHICS

view that one's duty is to see justice done and the view Sociological and philosophical criticism have con­
that one's duty is to the client and the court. stituted aspects of a phenomenon which might be
The second form in which a self-derived ethic called the challenge to the ethics of trust in the
might find expression is in a code of professional professions (see TRUST). Traditionally the profes­
conduct or code of ethics. The possession of a code of sional-client relationship has been regarded as a
professional conduct has been pivotal in debates fiduciary one, in which the professional is worthy of
about what constitutes a profession. Such a code can trust and the client places trust in the professional. In
fulfil a variety of functions (see Chadwick 1992): the late 1980s and early 1990s, however, the ethics of
offering a public statement of ideals and values; trust was challenged. In the light of these challenges
providing a disciplinary mechanism for a professional the question arises whether the appropriate response
body; reassuring the public that the profession is to turn to an 'ethics of distrust' (see Pellegrino
upholds certain standards; and educating members 1991). An ethic of distrust would proceed by
of the profession to 'think like' others in the group attempting to regulate more closely the activities of
(see Davis, M. 1991). professionals, by increased external monitoring and
The standards incorporated in a code may be either demands for accountability. According to one view
higher or lower than the standards of ordinary this approach wins the day by default because the
morality. Professionals have traditionally been pre­ notion of an ethics of trust is not only difficult to
vented from doing things which people in other sustain: it is actually incoherent.
spheres of activity are permitted to do, such as Robert Veatch (1991) attacks what he sees as the
advertising. This arises out of the purported commit­ three arguments supporting an ethic of trust: (1) that
ment to serve first the interests of clients, rather than professionals serve the client's interest; (2) that
their own profit. On the other hand this same professionals can present value-free facts to the client;
commitment can act as a shield to protect profes- and (3) that professionals should act on a set of
sionals from the criticism that they do things which virtues inherent in the profession. Veatch argues that
would be frowned on in terms of ordinary morality, modern professionals ought not to know what the
such as lying to clients or physically hurting them in client's interests really are - the most they can know is
order to · promote some further end identifiable as what the client's interests are in one particular area of
being in the client's interests (see Hayry and Hayry life. Whereas medical professionals might be con­
1994), cerned primarily with promoting health, for example,
Criticism of a self-derived professional ethic, health might not be the top priority for a patient (see
whether in the form of role ethics or a code of
conduct, is based on arguments that if an action is
Goldman 1992). Veatch also argues both that
professionals cannot present value-free facts and that f
morally right it should be susceptible of justification it is a serious mistake to think that any given
by the same moral arguments that apply to the profession is associated with one particular concep­
behaviour of any other member of society - profes­ tion of virtue. For example, Talmudic and libertarian
sionals should not require special ethical norms to be lawyers will be informed by different conceptions of
determined by themselves. For it is not clear how such the appropriate virtues.
norms could be justified if not by common moral A less pessimistic approach is to investigate the
principles (see Goldman 1992). possibility of grounding trust in the professions anew.
If this point is accepted, however, there are Koehn has argued that this is urgent because
arguments in favour of having, if not a self-derived professions represent the mechanism chosen by
ethic, at least an ethic specific to a given professional Anglo-American morality for providing people with
group, in order to promote consistency among goods such as health and justice, and if professionals
practitioners rather than leaving moral judgment to are not trustworthy, where are we to turn for help?
the fallible individual alone. Even if it is acknowl­ For health and justice are not goods that are readily
edged that the individual practitioner has autonomy dispensed with. For Koehn, the challenge is to show
in their practice, the requirements of accountability not only that there are grounds for trust in the
and a set of defined standards has the result that the professions because they provide people with such
practitioner may literally be called to 'give an goods, but also that they do not violate the
account' of themselves and their practice in terms requirements of ordinary morality.
that their professional peers will recognize (see
Holdsworth 1994). This arguably affords more 3 Theoretical approaches: external and internal
protection than the absence of professionally defined
norms but does not constitute an argument for How are the ethical questions to be addressed? The
dispensing with accountability to society as well. central issue seems to be the contrast between the

735
PROFESSIONAL ETHICS

external and internal perspectives. The external On this view the virtues of a profession will be
approach would be to take a nonnative theory, such defined by reference to the meaning of the practice in
as Kantianism or utilitarianism, and apply it to the question. This would facilitate an answer to the
issues arising in the professional-client encounter and question, for example, of whether nursing ethics is
the social role of professionals (see KANTIAN ETHics; distinct from medical ethics. The central issue that
UTILITARIANISM). The alternative would be to remains unresolved is whether the tension between a
examine whether, rather than applying such an relativistic and a universalistic approach tQ profes­
external standard, there are values internal to sional ethics can be mediated by an appeal to the
particular professions. A feminist ethic of care could unity of the virtues in the moral life (see Meilander
count as either external or internal according to how 1991) (see MORAL RELATIVISM; UNIVERSALISM IN
it was interpreted - whether, for example, an ethic of ETHICS).
care provides a framework for addressing problems or
whether it perceives care as a virtue inherent in certain See also: APPLIED ETHICS; BUSINESS ETHICS;
professions (see Curzer 1993) (see FEMINIST ETHICS ENGINEERING AND ETHICS; JOURNALISM, ETHICS OF;
§I; NURSING ETHICS).. MEDICAL ETHICS; RESPONSIBILITIES OF SCIENTISTS
Providing an example of the application of an AND INTELLECTUALS; TECHNOLOGY AND ETHICS
external theoretical framework, Richard Tur (1994)
suggests that the standard conception of the lawyer's References and further reading
role arises from the political philosophy of liberalism
with its neutrality concerning ideas of the good life, • Airaksinen, T. (1994) 'Service and science in profes­
and is associated with the moral philosophy of sional life', in R.F. Chadwick (ed.) Ethics and the
utilitarianism (see LIBERALISM). The application of Professions, Aldershot: Avebury, 1-3. (On issues
utilitarianism suggests both that the good lawyer is concerning the human genome project.)
one who pursues the objectives of clients effectively, • Beauchamp, T.L. and Childress, J.F. (1979) Principles
and that doing this under the adversarial system of Biomedical Ethics, New York: Oxford University
promotes the best interests of society as a whole. This Press; 4th edn, 1994. (Classic .text on the four
is both because the adversarial system is justified in principles of biomedical ethics - autonomy, bene­
tenns of facilitating the emergence of truth and ficence, nonmaleficence and justice.)
because to allow individuals to pursue their own view • Chadwick, R . (1991) 'Is There a Difference Between
of the good life will maximize social benefits. Standards and Ethics?', Journal of Advances in
The internal approach, on the other hand, might Health and Nursing Carel: 75-89. (Discusses the
attempt to derive values internal to specific profes­ difference between ethics and the standards defined
sions by examining the point of those professions. by a profession.)
Rather than accepting them as Illich's 'dominant' • -- (1992) 'The function of corporate codes of
professions that take it upon themselves to define ethics', in Business Ethics: Contributing to Business
human need, the question to ask is what pre-existing Success, Sheffield: Sheffield Business School,
human need or value do and should they serve? This 79-87. (Overview of the functions of codes.)
quest might take different fonns. The identification of • Curzer, H.J. (1993) 'Is care a virtue for health care
health and justice as goods that cannot readily be professionals?', Journal of Medicine and Philosophy
dispensed with, because they may be needed by 18 (1): 51-69. (A critique of care as a virtue.)
vulnerable people, has been mentioned. Or there • Davis, J.K. (1991) 'Professions,Trades and the Ob­
might be an argument for some intrinsic or 'trans­ ligation to Infonn', Journal of Applied Philosophy 8
cendent' values embedded in a professional activity. (2): 167-76. (Distinguishes between professionals
In the case of law, Tur suggests innocence as an and workers in trades.)
internal value that has implications for specific • Davis, M. (1991) 'Thinking Like an Engineer: the
actions in practice - if innocence is non-negotiable place of a Code of Ethics in the Practice of a
then plea bargaining becomes unethical. Third, Profession', Philosophy and Public Affairs 1 (20).
knowing the point of a practice such as a professional (Analysis of a particular function of codes with
activity might point the way to virtues internal to the reference to a specific example.)
practice of that activity. The virtuous doctor and the • Freidson, E. (1994) Professionalism Reborn: Theory,
virtuous lawyer will not need to apply an ethical Prophecy and Policy, Oxford: Polity Press. (On the
theory such as engaging in a utilitarian calculation. concept of profession and the future of profession­
As virtuous practitioners they will be able to see what alism.)
is required in particular situations (see VIRTUE • Goldman, A. (1992) 'Professional Ethics', in L.C.
ETHICS; VIRTUES AND VICES). Becker (ed.) Encyclopedia of Ethics, Chicago, IL

736
P ROJ E CTIVI S M

and London: St James Press, 101 8-20. (Introduc­ professionalism with special reference t o a specific
tory article.) case study.)
• Hayry, H. and Hayry, M. (1994) 'The Nature and • Winslow, G. (1984) 'From Loyalty to Advocacy: A
Role of Professional Codes in Modem Society', in New Metaphor for Nursing', Hastings Center
R.F. Chadwick (ed.) Ethics and the Professions, Report 14 (3): 32-40. (Discussion specifically
Aldershot: Avebury, 1 36-44. (Analysis of the role relevant to professionalization of nursing.)
of codes.)
* Holdsworth, D. ( 1 994) 'Accountability: the Obligation RUTH CHADWICK
. to Lay Oneself Open to Criticism', in R.F.
Chadwick (ed.) Ethics and the Professions, Alder­
shot: Avebury, 58-87. (Analysis of the notion of
accountability.) PROFIAT DURAN see DURAN,
* Illich, I. ( 1977) Disabling Professions, London: PRO FIAT
Marion Boyars. (A critique of professional author­
ity.)
* Koehn, D. (1994) The Ground of Professional Ethics,
London: Routledge. (Attempts to justify trust in PROJECTIVISM
the professions with reference to medicine, law and
the ministry.) 'Projectivism' is used of philosophies that agree with
*
Hume that 'the mind has a great propensity to spread
Langan, J. (1991) 'Professional Paradigms', in E.D.
itself on the world', that what is in fact an aspect of our
Pellegrino, et al. (eds) Ethics, Trust, and the
own experience or of our own mental organization is
Professions: Philosophical and Cultural Aspects, treated as a feature of the objective order of things.
Washington, DC: Georgetown University Press, Such philosophies distinguish between nature as it
22 1-35 . (Points out the limitations of the paradigm
really is, and nature as we experience it as being. The
of the professional-client relationship as one
way we experience it as being is thought of as partly a
between two individuals.) reflection or projection of our own natures. The
• Meilaender, G. (1991) 'Are There Virtues Inherent in a projectivist might take as a motto the saying that
Profession?', in E.D. Pellegrino, et al. (eds) Ethics. beauty lies in the eye of the beholder, and seeks to
Trust, and the Professions: Philosophical and develop the idea and explore its implications.
Cultural Aspects, Washington, DC: Georgetown The theme is a constant in the arguments of the
University Press, 139-55. (Compares views of Greek sceptics, and becomes almost orthodox in the
professional ethics with reference to Oakeshott's modern era. In Hume it is not only beauty that lies in
forms of moral life.) the eye ( or mind) of the beholder, but also virtue, and
• Pellegrino, E.D. (1991) 'Trust and Distrust in Profes­ causation. In Kant the entire spatio-temporal order is
sional Ethics', in E.D. Pellegrino, et al. (eds) Ethics, not readfrom nature, but read into it as a reflection of
Trust, and the Professions: Philosophical and the organization of our minds. In the twentieth century
Cultural Aspects, Washington, DC: Georgetown it has been especially non-cognitive and expressivist
University Press, 69-85. (Explores the issues in the theories of ethics that have adopted the metaphor, it
choice between an ethics of trust and an ethics of being fairly easy to see how we might externalize or
distrust in professional ethics.) project various sentiments and attitudes onto their
• Tur, R.H.S. (1994) 'Accountability and Lawyers', in objects. But causation, probability, necessity, the
R.F. Chadwick (ed.) Ethics and the Professions, stances we take towards each other as persons, even
Aldershot: Avebury, 58-87. (Contrasts external and the temporal order of events and the simplicity of
internal values with reference to law.) scientific theory have also been candidates for projec­
• Veatch, R. ( 1 99 1 ) 'Is Trust of Professionals a tive treatment.
Coherent Concept?', in E.D. Pellegrino, et al. •,,

(eds) Ethics, Trust, and the Professions: Philosophi­ 1 Mechanisms


cal and Cultural Aspects, Washington, DC: George­ 2 Consequences
town University Press, 1 59-69. (Argues against an 3 A real debate?
ethics of trust.)
• Williams, B. (1996) Freedom on Probation: a case
1 Mechanisms
study of the Home Office enforced changes to the
University education and training of probation Projective theories recognize the role of our own
officers. (Considers the challenge to the notion of natures in shaping the judgments we make. They also

737

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