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Topic 3
Ethical Theories 2:
Contracts-Based and
Character-Based
ITECH 7400 IT SERVICE MANAGEMENT AND
PROFESSIONAL CULTURE

CRICOSCRICOS Provider
Provider No.No. 00103D
00103D
Content of Course ...
Section Topics
Ethics and • Utilitarianism and deontology

Social impact of technology


professionalism • Contract-based and
character based
• Professional ethics
• IT careers
IT Service • Service management
management • Service lifecycle
• Processes and functions
• Measurement, metrics and the
Deming cycle

3
Contents

• Contract-based: social contracts, types of social


contracts (legal and moral), applications of
contractarianism, criticisms of contractarianism,
and rights

• Character-based: character-based, character-


based champion, criticisms of character-based,
and applications of character-based
• Modern ethical approach

4
Course Objectives

This topic relates to the following course objectives:


• K1. Research and discuss underpinning theories of ethical
philosophy and apply these in to a range of scenarios in IT
workplace and service environments.
• K3. Describe contemporary approaches to dealing with
the social impact of technology in a changing IT service
environment.
• S1. Evaluate cognitive and practical approaches required
to manage IT professionals in collaborative global work
context.

5
Course Objectives
continued…
• S4. Utilise professional presentation and communication
approaches in a range of IT workplace and service
settings.
• A1. Construct written and verbal arguments in a variety of
formats on the evolving nature of ethical norms relating to
service and implementation of new technologies.

6
Your Reading and Research

Recommended reading:
• Textbook: Tavani, 2015,
Ch 2.6 and 2.7.
• Brinkman & Sanders,
2013, pp.23-26, and
pp.13-15 & 29-30.

7
Contract-Based (Rights)
Contractarianism

Tavani (2015) contract theory is


• Also called rights based ethics or social contract theory
• A moral system comes into being through the existence of
contractual agreements between individuals
• Legal rights (law and legislation) and moral rights
• Rights are justified constraints on how others may act
towards you (McDermid, 2008)

9
The Drowning Child
(Singer, 1972)
http://www.philosophyexperiments.com/singer/Default.aspx
http://www.youtube.com/watch?v=rBMZiaD-OYo

10
Examples of Contractarianism

What are some examples of people using social


contract theory (contractarianism) ethics?

11
Contractarianism Champion

Thomas Hobbes (1588- • Moral system built on


1679) contractual agreements
between individuals
• Fundamental belief that all
humans are self-interested
• Humans only survive by
banding together (Reynolds,
2012)
• Provides motivation for
moral behaviour

12
Social Contracts

Development of social • Becomes social contract


contracts of community (culture)

• Early hunters forming Benefits of social


teams contracts
• Community customs • Better social cohesion
developed
• Lie, cheat and steal not
• Unwritten agreement ethical
• Honesty leads to trust • Ethical behaviour norm
• Greater peace of mind

13
Moral Dilemma

An accident on a four-lane highway. One person is critically


injured. Premature movement could be serious. 100’s will
be inconvenienced by delay until that person is moved.
Should the injured person be moved immediately?
What decision is ethical applying contractarianism?

14
Types of Social Contracts

Legal and moral contracts


• Legal contracts are governed by a system of rules and
laws enforced by law officers e.g. police
• Moral contracts are decided by community culture and
enforced by personal and community relationships e.g.
neighbours
• Both are based on rights of individuals or groups
• Both place obligations on us to respect these rights

15
Types of Social Contracts
continued …

Legal Contracts Moral Contracts


External Internal
Decided by law-makers Decided by community
culture
Enforced by law officers of Personal and community
the community e.g. police relationships affected

16
Applications of Contractarianism

Contractarianism appeals to businesses (Shaw &


Barry, 2010)
• Moral decision making involves the weighing of different
moral factors
• Organisations have their own legitimate goals to peruse
• Moral rights, in particular human rights are crucial in most
moral deliberations in organisations

17
Criticisms of Contractarianism

Tavani (2015) promotes minimalist morality


• Obligated to behave morally where a formal, legal contract
exists
• Many argue moral responsibilities exist outside legal
responsibilities
• Contemporary Australian society beyond
minimalist position, as do professional
societies, e.g. ACS
• e.g. Kitty Genovese, bystander effect

18
The Bystander Effect:
The Case of Kitty Genovese
http://www.youtube.com/watch?v=IJqhWkTGu5o

19
The Bystander Effect:
No One Cares
https://www.youtube.com/watch?v=g-WvaRJdAA0

20
Rights

Social contracts include Kinds of rights


rights for individuals • Negative rights (claim
• The right of free speech rights)
• The right of privacy • need protection from
interference
• The right to vote • e.g. right to vote, right to
• The right of access to privacy
basic education • Positive rights (welfare
• The right of access to rights)
health care • e.g. right to basic
education, health care
Differ from culture to • positive action required
culture
21
Jane is a student who needs a copy of a
particular textbook to help her with her
coursework. The university library has a
single copy of the book, which is already on
loan ...
The book is available in the local bookstore
for $30 but her friend tells her of a file
sharing site ... download a PDF version for
free. Jane knows that downloading the
PDF version is in violation of the author’s
copyright – on the other hand ...
22
What should Jane do?
... apply a contracts-based (rights)
approach

23
Application to IT Projects
Should the programmer blow the
whistle? How might Contract-
based ethics help?
Consider a computer professional's role in
designing, developing, and maintaining
computer hardware and software systems.
Suppose a programmer discovers a software
product is about to be released, even though it is
unreliable because it contains buggy software.
24
Character-Based (Virtue)
Character-Based

What is a Virtue? loyalty & Compass-


hope ion
• A moral excellence
• A conformity to a standard
of right

Difference between values and virtues fairness &


justice
• Values are what we love in life
• Virtues are means to obtain those values
• Virtue arise from living in alignment with core
values e.g. Robin Hood, Rocky, Mother Teresa
26
Examples of Character-Based

What are some examples of people using


character-based (virtue) ethics?

27
Character-Based Champion

Aristotle (384-322 BC)


• People should develop virtues. What kind
of person should I be? Emphasis is on
being a moral person. Do the ethical thing
without thinking (intuitively).
• To be a moral person, need to acquire the right virtues
(strengths or excellences) over time.
• Through training and acquisition of good habits and
character traits, achieve moral virtues such as
temperance, courage to live well – called eudemonia
(happiness).
28
Characteristics of a Good Person

List all the best sorts of characteristics a person


can have (virtues). From the individual lists make a
class list. How similar are the ideas? Would it be
possible to build a moral system on the idea of
good character traits?
29
List of Virtues

http://www.virtuescience.com/virtuelist.html
Compile a list of virtues. How do these compare
with the list of characteristics of a good person
developed in the previous activity?

30
Criticisms of Character-Based

No guidance is provided in a situation where there


are conflicting virtues.

There is no formal examination of consequences,


duties or social contracts.

Ethical practice is based on the good character of


the individual – so varies from person to person.

31
Applications of Character-Based

Character-based ethical systems flourish in cultures


where emphasis placed on community life is
stronger than the role of individual.

In the West, more emphasis has been placed on


the importance of individual autonomy and
individual rights.

In the Ancient Greek world of Aristotle's time, the


notion of community was paramount.

32
Jane is a student who needs a copy of a
particular textbook to help her with her
coursework. The university library has a
single copy of the book, which is already on
loan ...
The book is available in the local bookstore
for $30 but her friend tells her of a file
sharing site ... download a PDF version for
free. Jane knows that downloading the
PDF version is in violation of the author’s
copyright – on the other hand ...
33
What should Jane do?
... apply character-based (virtues)
approach

34
Application to IT Projects
Should the programmer blow the
whistle? How might Character-
based ethics help?
Consider a computer professional's role in
designing, developing, and maintaining computer
hardware and software systems. Suppose a
programmer discovers a software product is about
to be released, even though it is unreliable
because it contains buggy software.
35
(Tavani, 2015, p.67) • 36
Modern Ethical Approach
Modern Ethical Approach

Three elements are present:


• Regard for consequences
• Consistent application of principles (Kant’s categorical
imperative)
• Possession of a caring character (a virtue)

Caring character
• Care for … ensure needs are met
• Care about … may be only passive and involve feelings of
support at its best will involve positive action e.g.
environment
38
Modern Ethical Approach
continued…
Caring character …
• Take care … ensure that no harm is done, take safety
precautions, do quality work, attend to detail, and be
mindful (aware) of what is going on around you with a
view to doing good.

The nature of care


• Implies a focus on the needs of others rather than self.
• Focussing on others is fundamental in behaving in an
ethical manner and resolving issues accordingly.
• Self-care is also an important.
39
Summary

Contract-based (right) is an ethical theory in which all


humans are believed to be selfish and will only survive by
working together. Built on social (moral) and legal contracts.

Social contracts are a systems of laws and rights that make


up a just society. Builds on theory that good people are
encouraged by a good society.

Legal contracts are decided by law makers and enforced by


law officers.

Encourages a minimalist morality.

40
Summary
continued …
Contract-based includes different kinds of rights including
negative and positive rights.

Character-based (virtue) is ethical theory, concerned with


people developing virtues to live well (eudemonia).

Defined by … what kind of person should I be?

Criticism: does not provide guidance when virtues conflict

41
References
Australian Computer Society. (2012). Our values. Retrieved March 5,
2015, from
http://www.acs.org.au/about-the-acs/work-with-us/our-values
Reynolds, G. (2010). Ethics in information technology (3rd ed.). Boston,
MA: Course Technology, Cengage.
Merriam-Webster Inc. (2012). Virtue. Retrieved March 5, 2015, from
http://www.m-w.com
Philpot, R., Liebst, L.S., Levine, M., Bernasco, W., & Lindegaard, M.R.
(2019). Would I be helped? Cross-national CCTV footage shows that
intervention is the norm in public conflicts. American Psychologist,
June, 3.
Tosh. (2012). On the values of virtues of heroes. Retrieved July 12,
2012, from
http://yourheartuniverse.com/2011/07/27/on-the-values-and-virtues-of
-heroes 42

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