What is morality? • what ought or ought not to be done in a given situation • what is right or wrong in handling it • what is good or bad about the persons, policies and principles involved in it. If an action is said to be morally right, then it is said to have some moral reasons in supporting it. Moral reasons include respecting others, respecting the rights of others, keeping promises, avoiding unnecessary problems, avoiding cheating and dishonesty, etc. if an engineering decision is said to be a good one, it has to meet out all the specifications. Both technical and the moral specifications such as safety of the product, reliability, easy maintenance and the product should be user-friendly with environment. Approaches to Engineering Ethics • Micro-ethics is about awareness of the consequences of individual behavior. • Macro-Ethics: “concerned with the collective, social responsibility of the engineering profession and societal decisions about technology” • Basically, Micro-ethics relates with personal decisions about ethical situations in our lives and careers while Macro-ethics looks at bigger picture issues such as sustainability, poverty, social justice, and bioethics which need to be addressed by the engineering profession (and society) as a whole. Where and How do Moral Problems arise in Engineering? 1. Organization oriented issues 2. Clients or customers oriented issue 3. Competitors oriented issues 4. Law, government and public agencies oriented issues 5. Social and environmental oriented issues 6. Family oriented issues TYPES OF INQUIRY • Inquiry means an investigation. • Like general ethics, Engineering ethics also involves investigations into values, meaning and facts. • These inquiries in the field of Engineering ethics are of three types. • Normative Inquiries • Conceptual Inquiries • Factual or Descriptive Inquiries Normative Inquiries • Help identify the values which guide the individuals and groups in taking a decision. • Meant to identify and justify some norms and standards of morally desirable nature for guiding individuals and groups • Normative questions • How do the obligations of engineers protect the public safety in given situations? • When should an engineer have to alarm their employers on dangerous practices? • Where are the laws and organizational procedures that affect engineering practice on moral issues? • Where are the moral rights essential for engineers to fulfill their professional obligations? • Normative inquiries have the theoretical goal of Justifying moral judgments. Conceptual Inquiries • Meant for describing the meaning of concepts, principles, and issues related to Engineering Ethics. • These inquiries explain whether the concepts and ideas are expressed by single word or by phrases. • Conceptual questions: • What is the safety and how it is related to risk? • What does it mean when codes of ethics say engineers should protect the safety, health and welfare of the public? • What is a ‘bribe’? • What is a ‘profession’ and ‘professional’? Factual / Descriptive Inquiries • Help to provide facts for understanding and finding solutions to value based issues. • The engineer has to conduct factual inquiries by using scientific techniques. • Help to provide information regarding the business realities such as engineering practice, history of engineering profession, the procedures to be adopted when assessing risks and psychological profiles of engineers. • The information about these facts provide understanding and background conditions which create moral problems. • These facts are also helpful in solving moral problems by using alternative ways of solutions Types of Inquiries.... • These types of inquiries are said to be complementary and interrelated. • If an engineer wants to tell a problem in an engineering practice to his superiors, he has to undergo all these inquiries and prepare an analysis about the problem on the basis of moral values and issues attached to that problem. • Then only he can convince his superior. • Otherwise his judgment may be neglected or rejected by his superior. MORAL DILEMMAS • Dilemmas are certain kind of situations in which a difficult choice has to be made • Moral dilemmas can also be called moral problems. • Moral dilemmas have two or more foldings - moral obligations, duties, rights, goods or ideals come into disagreement with each other. • One moral principle can have two or more conflicting applications for a particular given situation. Moral Dilemmas cont... • The moral dilemmas cannot easily be addressed or resolved always. • It requires an elaborate searching which sometimes causes extreme suffering and reflection of a situation. • To find a simple and clear solution to the moral problems in the field of engineering, it is important to learn engineering ethics courses. Categories of complex and gloomy moral situations: 1 The Problem of Vagueness The individuals may not know the moral considerations or principles in resolving a moral problem at a particular situation. 2. The problems of Conflicting reasons Arises when there are two or more principles with clear solutions lead into conflict with one another or one particular moral principle. In this case, that individual has to choose a better one among them on the basis of the importance and the applicability. 3. The problems of disagreement The individuals and groups in engineering companies may disagree with resolving moral problems in difficult situations. The disagreement will be normally about how to interpret, apply and balance the moral problems. Steps / Procedures in facing / confronting moral dilemmas • Identify the relevant moral factors and reasons: i.e. Finding solutions for: • The conflicting responsibilities • The competing rights and • The clashing ideals involved. • Collect and gather all the available facts which are relevant to the moral factors while resolving. • Rank the moral considerations or principles on the basis of importance as applicable to the situation. • Consider alternative courses of action for resolving the problems and trace the full implications of each. i.e. conducting factual inquiries. • Talk with the colleagues, friend about the problem; get their suggestions and alternative ideas on resolving that dilemma and • Arrive at a careful and reasonable judgment or solution by taking into consideration of all important moral factors and reasons on the basis of the facts or truths. MORAL AUTONOMY • Autonomy means self-governing or self-determining i.e act independently. • Moral autonomy means the right or the wrong conduct which is of independent on ethical issues. • It deals with the improvement of an individual’s moral thoughts which make him to adopt good habits. • Moral autonomy is concerned with the independent attitude of a person related to ethical issues. • It helps to improve the self-determination among the individuals The need for moral autonomy in the field of engineering ethics • The objectives of engineering ethics are not related to implanting particular moral beliefs on engineers. • Helps the engineers and other professionalists to strength their professional values such as honesty, respect the colleagues and think for the welfare of the general public. • Helps to improve these qualities in a better manner among the engineers, and not inculcating new. • The structural objective of engineering ethics is to enable the individuals to understand the moral responsibilities in a clear and careful manner. • So, the main aim of studying engineering ethics is to increase the moral autonomy within individuals. Skills for improving moral autonomy 1. The engineers must have the competence for identifying the moral problems and ethical issues related to the field of engineering 2. They must have the ability to suggest the solutions to moral issues; on the basis of facts. 3. They must have the imaginative skill to view the problems from all view points and also be able to suggest a proper alternative solution. 4. They must be able to tolerate while giving moral judgments and decisions which may cause trouble. i.e. they have to understand the difficulties in making moral decisions. Skills for improving moral autonomy... 5. They must have adequate knowledge and understanding about the use of ethical language so as to defend or support their views with others 6. They must have some better knowledge in understanding the importance of suggestions and better solutions while resolving moral problems and also about the importance of tolerance on some critical situations. 7. They must understand the importance of maintaining the moral honesty i.e. the personal convictions and beliefs and individual’s professional life must be integrated. They must have this skill of doing so. INTELLECTUAL PROPERTY RIGHTS • Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognized—and the corresponding fields of law. • Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. • Intellectual property rights is a legal concept that confers rights to owners and creators of the work, for their intellectual creativity. • intellectual property law offers exclusionary rights to the creator or inventor against any misappropriation or use of work without his/her prior knowledge. Types of Intellectual Property Rights 1. Copyright • A copyright is the protection provided to a creative work offered usually in a written or soft-fication way. • Copyright is the means by which a person or a business makes a living from creativity. It can be used to protect literary works, musical compositions, plays, dances, drawings, paintings, movies, maps and computer programs. • Copyright springs from a simple notion: the people that create, produce or invest in creative work should be the ones that decide how that work should be reproduced and made available to the public • Owner of the copyright, usually the person who creates the work, is the only one with legal right to reproduce the work, sell it or allow others to use it. Types of Intellectual Property Rights 2. Patent • Patent – refers to as an exclusive right granted for an invention. It is an invention for a product or process that provides a new way of doing something or technical solution to a problem. Patent rights are usually enforced in courts. • Patent owners are provided with protection of their innovations granted for a limited period, generally 20yrs. • A patent owner has the right to decide who may or may not use the patented invention for period on which it is protected. • Patent owner may give permission to, or license other parties to use their inventions as per agreement. Types of Intellectual Property Rights 3. Trademark • A trademark is a word, name, symbol or slogan a business uses to identify its own goods and set them apart from others. Companies apply to the government’s patent and trade mark office when they want to establish a new trade mark. Once a company owns its trademark, no other company can use it. • Registered trademarks are good for 10 years, and companies can renew them every additional 10 years • Trademarks ensure that the owners of the marks have the right to use them to identify goods or services or to authorize others to use them in return for payment. Other Intellectual Property Rights • Trade Secrets • Utility Model • Geographical Indication • Industrial Design Rights CHAPTER 4b: ENGINEERING LAW IN TANZANIA ENGINEERING LAW IN TANZANIA • In Tanzania Engineering law is under the Engineers Registration Act (Act no. 15 of 1997) • Article 13(1) of the Engineers Registration Act (Act No. 15 of 1997) states: No person other than registered engineer shall engage in professional engineering work or services. • Professional engineering work includes:- • Professional services • Consultation • Investigation • Evaluation • Planning ENGINEERING LAW IN TANZANIA... • Functions of ERB (Article 4) • To maintain and keep a register of engineers, including consulting engineers or firms providing engineering services • To consider and decide on applications for registration • To promote and provide opportunities and facilities for the study of and for professional training in engineering • To sponsor, arrange and provide facilities for conference, seminars, workshops and consultation on matters related to the engineering field • To monitor the conduct and activities of engineers and including consulting engineers or firms Functions of the Board • To promote and maintain professional conduct and integrity of the engineering profession • To arrange for publication and dissemination of materials produced in connection with the work and activities of the Board • To certify academic awards given by the training institutions for consideration in an application made under section 10 of the Act • To carry out such other functions as the Minister may, from time to time direct after consultation with the Board ENGINEERING LAW IN TANZANIA... • Registration of Engineers • Currently, the Board registers individual local engineers in five categories:- • Graduate Technician Engineers (GTEs); • Graduate Engineers (GEs) • Technician Engineers (TEs) • Professional Engineers • Consulting Engineers • Foreign engineers are registered as temporary Professional Engineers, while engineering consulting firms are registered in two categories either as local or foreign engineering consulting firms. ENGINEERING LAW IN TANZANIA... • Opportunities & facilities for professional training • Structured Engineers Apprenticeship programme (SEAP) • Continuing professional development (CPD) • Competence and Capacity Building Program (CCBP) ENGINEERING LAW IN TANZANIA... 1. Structured Engineers Apprenticeship program (SEAP) • Is a three year-programme for fresh graduate engineers. • It is intended to mould young fresh graduate engineers into professional engineers by providing them a structured training in engineering. • Trainees are exposed to structured training in the areas of design, field practice and Management. • On successful completion, the trainee can apply for registration as a Professional Engineers ENGINEERING LAW IN TANZANIA... 2. Continuing Professional Development Programme (CPDP) • Designed for practicing professional engineers to equip them with current technology and engineering changes in the area of specialization. • Professional engineers are required to devote a minimum of 30 hours per year for professional development activities. • This is mandatory for engineers to maintain their registration status. ENGINEERING LAW IN TANZANIA... 3. Competence and capacity Building Program (CCBP) • Intended for local engineering consulting firms. • It is designed to equip local engineering consulting firms with necessary technological and managerial capabilities to enable them undertake large and complex projects in the country, particularly donor funded projects. The Engineer’s responsibility 1. Technician Engineers: • To exercise technical judgment in and assume responsibility for duties in engineering design, fabrication, construction, installation, commissioning, operation and maintenance of machinery, equipment and systems • To understand, by application of general principles and established techniques, the reasons for and the purpose of operation for which they are responsible • To be aware of the business, management, safety, social and economic context of their work within the organization and the wider environment • To supervise graduate technician engineers in undertaking the responsibilities under their section The Engineer’s responsibility... 2. Professional engineers: • To exercise technical judgment in and assume responsibility for duties in engineering design, fabrication, construction, installation, commissioning, operation and maintenance of machinery, equipment and systems • To apply scientific methods and outlook to the analysis and solution of engineering problems • To develop a thorough understanding of the features of a branch of engineering, including interdisciplinary aspects, and closely and continuously follow progress on a world-wide basis, assimilating such information and applying it independently, so as to be in a position to make contributions to the development of engineering science and its application • To supervise Technician and Graduate Engineer in undertaking responsibilities under their sections • To acquire a broad and general appreciation of engineering activity outside their own branch, together with an understanding of the public context of an engineer’s work in social, organizational and economic terms and the effective and beneficial management of resources. The Engineer’s responsibility... 3. Consulting engineers: • Perform the responsibilities of professional engineers as listed above • Assume personal responsibility to practice professional engineering works and services in manners that promote sustainable development • Demonstrate the highest degree of entrepreneurship for the promotion of the engineering business without sacrificing the set standards for quality of the goods and/or services and business ethics as provided from time to time by the competent authorities • Encourage professional Engineers to practice professional engineering consultancies The code of conduct and ethics • Engineering is among the noble profession that has the privilege and responsibility of self-regulation. • The Board has the Code of Conduct and Ethics which aims at regulating the engineering activities and conduct of engineers and consulting firms. • The code is based on broad tenets of truth, honesty and trustworthiness, respect of human life and welfare, fairness, openness, competence and accountability, engineering excellence, protection of the environment and sustainable development. • All engineers and engineering consulting firms are required to conform to the Code. Failure to do so constitutes professional misconduct which results in such an engineer or firm being liable to disciplinary action as provided for under sect. 17 of the enabling Act. End of Lecture