Fire Service Ethics Chapter 12 Ethical Decision-Making

251 Chapter 12 Ethical decision-making 1. Emotional development leads us to develop our own sense of morality 2. Form our own values, and develop a sense of justice that is shaped by those values 3. Ever growing body of experience, instructs us that circumstances can shape perception, and very often things are not as they seem  This causes us to be reflective and empathetic, or it can cause cynicism, which can induce judgment and moral outrage 4. Circumstances can sometimes convince us that doing bad things can achieve good outcomes 5. Doing the right thing requires  To be able to recognize the right thing, which is why we study ethics  Why individuals need a strong sense of who they are and what they believe  Self-awareness and the ability to assess honesty the implications of her actions is necessary for the development of reliable, moral compass 6. Ethical decision-making skills is important specially for firefighters  They are public servants  Trusted agents within the community 252  Extended special authorities in support of meeting their important responsibilities  Stewart of Public funds in Resources  Higher standards of behavior  Reflects their personal character and the ethical culture of the department and the profession Foundational principles in ethical decision-making 1. ETHICAL DILEMMA (Complex situation were values or moral imperatives conflict with each other) no matter what you do someone will be harmed. Fairness seems impossible and available options conflict with personal values.  Feeling of being trapped  Being in a “Catch-22” (dilemma or difficult circumstance, from which there is no escape because of mutually conflicting or dependent conditions) - The expression epitomizes the concept of an ethical dilemma  Correct actions may yield undesired consequences  Desired consequences may seem to necessitate questionable behavior  What is perceived as an ethical dilemma is actually a confusion between the absence of easy choices and the presence of only bad options  Ethical professors are likely to sympathize with the feelings of frustration posed by an ethical dilemma, but assert that ethical choices are always present - Albeit elusive (even though hard to find)  Decision-makers perceive ethical dilemmas were none exist - Infusion of emotions or in some cases situations are clouded by the elevation of desired outcomes to parody with necessity  Study principles of ethical decision-making in attempt to untangle the web of needs, wants, responsibilities, justice, and fairness  Normative ethics have been developed in an effort to guide human behavior - For example, a firefighter, who is pondering whether to report embezzlement of department, funds will likely arrive at the same at the conclusion, whether it applies to the principles of virtue ethics, deontology or consequentialism. 2. Two most important principles in ethical decision-making:  We all have the power to decide what we do and what we say  We are morally responsible for the consequences of our choices - We circumstances do not legitimately provide choices, there is an absence of ethical responsibility Where there is an absence of accountability, ethics, and morality are irrelevant 3. Approach where ethical orientation, all philosophical views of ethics, acknowledge selfdetermination, and personal responsibility 253 254 255 4. Lack of forethought does not excuse, unethical behavior, even in the absence of ill intent 5. In making ethical decisions, there are several skills, mindset, and frames of reference that must be presented 6. It is incumbent on the decision-maker to be aware of an issue. Scope in context. Recognizing important decisions 1. Most of the time we rely and common sense and intuition to guide our decision-making  Unfortunately, sometimes intuition or common sense fails us when we face difficult decisions 2. Following our gut becomes habitual 3. It is important, ethical decision-making that individuals learn to recognize and appreciate decisions with moral consequences 4. Proverb: Claurvaux, “the road to hell is paved with good intentions, but heaven is full of good works. “  It is likely true that those embroiled and ethical crises often failed to recognize important crossroads along the Pat of Crisis 5. Scandal and moral crisis can arise from what appeared to be insignificant choices that prove to have momentous consequences 6. To be a good ethical decision-maker, you must be constantly alert to the presence of ethical issues 7. Considering the consequences before an action is a sign of prudence and wisdom 8. Aristotle: virtues must be habituated through awareness and diligence Appreciating the consequences of decisions 1. Prima Facie Principal ( at first site or first impression) that actions have consequences 2. When occasions arise in which ethical problems with obscured consequences or desired outcomes are in competition with each other. The skill in consequence analysis becomes important.  For example, scolding a child “what were you thinking? “the exchange demonstrates a parent teaching a child, the importance of evaluating consequences into practice, forethought rather than realize so motion, habit, or intuition. 3. Key values of ethics, education and training is the development of habituation in consequence analysis 4. CONSEQUENCE ANALYSIS (production of likely outcome and their ramifications) can’t be timeconsuming and complex.  Basic elements boiled down to five questions - Can I decision cause harm to others? - Could a decision hurt my reputation or that of my department - Could a decision in the achievement of an important goal or greater good - Is my decided action consistent with my responsibilities - Is an intended action, consistent with personal and professional values Principal and science known as the “butterfly effect “(Suggest that even the smallest action can have ramifications for beyond the understanding of the actor)  For example, teacher who fails a student may set in motion, a cascade effect of consequences that could have a negative impact on the students entire life  For example, they may create trust issues years later from cheating Seek effective and ethical outcomes 1. Achieve desired results equals effective Outcome 2. Unintended consequence is judged to be ineffective 3. Ask yourself, are you satisfied with the results? 4. MORAL DISSONANCE (internal conflict between an individuals, actions and personal values)  For example, cheating on a promotional test 5. Ethical decisions are  those that are consistent with virtue, values, and duty  Supportive of social responsibilities  Tend to demonstrate respect for others and for process  Deontology suggests that ethical decisions, promote truth telling and seek fairness in justice Development of judgment and discipline 1. Ability to discern best actions requires judgment, acquired through knowledge, experience in emotional intelligence 2. Individual must have the discipline to pursue those actions judged as “right “ 256 257 3. Making ethical decisions requires to abilities  Knowing what to do  Having the discipline to do it 4. Judgment  As situations become emotionally charged or when consequences are perceived as personally harmful, judgment can become clouded - For example, Firefighter falsifies an injury report, his actions are ethical if he, in fact, aggravating an existing injury while on the job  “Sleight of hand” maybe motivated by the significant economic consequences  Virtual ethics and deontology would clearly dismiss the logic for falsifying a report  Likely to invoke the consequentialist view by protecting his families, economic welfare  The self-imposed blindness is a form of cognitive dissonance Becoming other-centered 1. Essential element in making ethical decisions is the ability to project potential consequences onto affected stakeholders 2. EMPATHY ( action of understanding, being aware of, being sensitive to, and vicariously experiencing the feelings, thoughts and experiences of others) 3. Self centered: focus or decision-making process primarily on consequences as they affect us 4. Characteristics of empathy and social obligation usually are associated with adult thinking 5. Even in adults who tend to be apathetic, they may become egocentric, depending on context 6. Exercising of empathy requires an orientation towards others 7. Ill-considered actions are often made not because of lack of empathy, rather a lack of due consideration 8. Effective consequence analysis requires not only the ability to be empathetic, but also the active inclusion of others interest in the judgment process  Example, driver may have good eyesight, but the driver cannot see if he does not look 9. Filtering the variables of an ethical problem through a screening affect on others, requires practice and habituation  Two questions - Who will be affected by my decision? - How will they be affected? 10. Being apathetic towards others and thoughtful about the consequences of one decision is an additional element of decision-making 11. Been in the habit of considering who may be affected by decisions is yet a third element of decisionmaking 12. If decision makers are careful to recognize important decisions, consider the consequences, and seek to identify who may be affected by them, they are much more likely to demonstrate the virtues of wisdom and compassion 13. Intelligent and ethical decision-making has far reach consequences extended beyond immediate harm 14. Reckless decisions can cause a emotional distress, rule, relationships, and create unfulfilled lives 15. Ethically grounded decisions, lead to greater happiness, self fulfillment, and success Elements of effective decision-making 1. Recognizing important decisions 2. Appreciating consequences 3. Seeking effective and ethical solutions 4. Acquiring judgment and discipline 5. Developing an orientation towards others Developing at the intelligence 1. Rationale indicates a certain sophistication in their approach to ethical decisions  Falsely using a sick day - Fear  Concerned if how others view actions if take a sick day, and not the underlining ethics of the situation - Likely to use the sick day if he is convinced, no one will find out  Not identifying the underlying ethical issues, does not seem to understand that his actions may have Farr reaching affects beyond his own concerns - Ethically oriented - Likely to obey the rules as long as he sees a negative consequence in breaking the rules  Feels free to disregard the rules - Successfully identifies why it is imperative for people to show up to work It connects the principles of expectations with the underlying action 258 259 Likely to do the right thing, regardless of the likelihood of being caught or even if given permission to do so by a higher authority Elements of ethical reflection 1. Virtue 2. Dudy 3. Consequence EMOTIONAL INTELLIGENCE (Ability to understand and manage emotional aspects of human interaction). Refers to an individual’s ability to be aware of how others feel 1. Differs from empathy and that the empathetic person can understand the feelings of others if that person is aware of them 2. Emotional intelligence refers to a person ability to read or infer the emotions of others 3. Being aware of consequences and anticipating the emotional response 4. Must determine if those consequences are relevant and if those emotional responses are valid ETHICAL INTELLIGENCE (Awareness of moral principles in their contextual application) Awareness to guide, correct action 1. Understand the general principles of correct behavior 2. To discern which principles are relevant 3. To apply those principles in a given situation Moral Development Kohlberg (1958) Refined a theory of moral development 1. Believe that moral reasoning is the basis for ethical behavior 2. Confidence in moral reasoning was acquired through learned behavior, experiences, and maturation 3. Ability or inability of an individual to act consistently ethical depends on the sophistication of that person’s understanding the elements of morality and ethics KOHLBERG’S STAGES OF MORAL DEVELOPMENT 1. (Scale deflecting, stages of moral reasoning to illustrate how people assess and justify their actions)  Pre-conventional moral reasoning: - Stage I: obedience and punishment - Stage II: individualism Conventional moral reasoning: - Stage III: “good boy/ girl” - Stage IV: law & order  Postconventional, moral reasoning: - Stage V: social contract - Stage VI: principal conscience Pre-conventional moral reasoning: Stage I (1) and Stage II (2) 1. For example, a child who resist the urge to steal candy out of fear of punishment is acting ethically 2. Typically associated with children 3. Decision-makers may employ varying levels of moral discretion, dependent on context, revel information, or intensity of the desired outcome 4. Best described as being rule-based 5. Obeying them is important as a condition of avoiding punishment 6. Rule based reasoning is a sense of fairness, absent the more developed sense of social justice Pre-conventional Stage I (1) 1. Focus of moral reasoning is based on self interest 2. Ethically or morally wrong if punishment is likely 3. Egocentric in that moral consequences is tied directly to self and consideration of others. Well-being is absent.  For example, FF may feel no more compunction at stealing another FFs leftover sandwich, but would never consider stealing money from a locker  Stealing a sandwich may result in criticism, whereas stealing money, may result in formal charges being filed Pre-conventional Stage II (2) 1. Self- interest driven 2. Perceived as good or bad based on self-serving grading scale 3. Typically, this form of judgment is narrow and shortsighted 4. For instance, action that is immediately gratifying may be perceived as good, while the long-term negative effects on reputation or personal relationships may be ignored  260 5. Level can introduce some realization of “others “ 6. Not rooted in empathy or social responsibility, but rather in transactional usefulness Conventional moral reasoning 1. Adolescents 2. Judging the morality of actions based on societal expectations 3. Requires acceptance of moral or ethical standards of community or social group 4. Motivation spring from a desire to be accepted as opposed to compliance to avoid punishment 5. Individual societies expectations and rules, even if no negative consequences are likely 6. For example, Firefighter will not take another leftover sandwich simply because it is a violation of cultural norms Conventional Stage III (3) 1. Desire to be good 2. Social acceptance, motivates, ethical behavior 3. Acquire an appreciation for respect, gratitude, and social standing 4. Behavior is still somewhat self-serving in that there is an expected transactional relationship between correct behavior and social acceptance 5. Appreciation for the necessity of being good for the sake of being good Conventional Stage IV (4) 1. Come to appreciate the need for social order and the value of ethical and moral behavior as an end unto itself 2. What separates Stage 3 and Stage 4  Appreciation that a thing may be right or wrong independent of others’ opinions 3. Correctness of any given action is dependent on a perceived necessity to maintain social order 4. Decision-maker may rationalize that rules exist for reason, and they should be followed for the betterment of all 5. This development encompasses the inclusion of a conceptual understanding of morality, 6. But morality is still predominantly dictated by external forces 7. Kohlberg (1973) asserts that most adult individuals based their moral reasoning on this principle Post conventional Moral Reasoning 1. “The principled level” 2. Individuals begin to assert their individual values and experiences in judging the correctness of behavior 3. Becomes a moral agent who considers the autonomy of others in the values of self-agency and justice 4. Individual societies laws and norms if they conflict with personal principles 5. Rules are not absolutely dictates, but rather are subject to evaluation Post conventional Stage V (5) 260 2 6 1 1. Principles of social contracts become more important as the individual becomes aware of differing opinions, rights, and values 2. Recognizes the obligation to respect, differing values 3. The validity of laws and social norms are judged within the context of social relationships 4. A rule that promotes the general welfare is deemed as “good “whereas an action that injures is recognized 5. Often associated with consequentialism  Correct action seek to support social justice by benefiting the greatest number of people Preconventional Stage VI (5) 1. More reasoning is based on an abstract understanding of moral principles 2. Actions are ethical only if they comply with personal values and a subjective sense of justice 3. Awareness of others, autonomy and obligation to act in a way that respects individual rights 4. Consistent with both deontology and virtual ethics  Ethical actions are ends on themselves and not a means to worthy outcome 5. Justice is that preeminent characteristic of moral decision-making 6. Elevate, virtual and principal over intent and consequences 7. Critics argue that justice come up by itself, is limited and determining the ethical value of any particular action 1. The stages are not intended to be superior to one another 2. Intent of the model is to articulate processes by which more reasoning is achieved 3. Particular action can be judged as ethical or not, regardless of the sophistication of the behavior’s rationale 4. An individual capable of postconventional moral reasoning is more likely to consistently behave ethically than a person only able to rationalize behavior at the preconventional level Loci of Control Theory: Rotter (1916-2014) and Jung (1954) 1. Theory of behavior based on orientation to power 2. Individuals’ behavior was influenced by their perceived level of autonomous (control its own affairs) Control 3. LOCUS OF CONTROL (extent to which people believe they have power over the events in their lives) Articulation of the degree to which people believe they have control over the outcomes and events of their lives  INTERNAL LOCUS OF CONTROL (attributing consequences to choices) - Tend to blame themselves for their failures - Outcomes within your control - Determined by your hard work, attributes, or decisions - Firefighters with internal locus of control  Have a stronger belief in self-agency  Tend to identify consequences with personal choices  Consistent with Kohlberg’s theory of moral development o Reflect stage 4 and 5 reasoning - See stronger relationship between personal actions and consequences - More likely to assess the ethical impact of considered actions - Intimate relationship between choice and casualty lends itself to a high sense of accountability and responsibility  Lends itself to the referencing of personal values as well as those qualities identified within virtual ethics systems  To create an intimate relationship with the principles of both deontology and virtual ethics  EXTERNAL LOCUS OF CONTROL (attributing consequences to external forces, such as luck, fate, or powerful individuals) - Tend to blame others - Outcomes outside your control - Determined by “fate “an independent of your hard work or decisions - Firefighters with external locus of control  Equate appropriate behavior with the expectations of external forces Consistent with Kohlberg’s theory of moral development o Reflect stage 3 tendencies - Tend to see consequences as a result of outside forces - Tendency to evaluate actions based on circumstances, moral relativity and necessity - Limited choice, there is a diminished level accountability  Causes a shift in orientation  Ethical decision-making becomes a means to an and rather than actions being an unto themselves - Choices then focus on the best outcome, consequentialism  Context of limited control or diminished free will increase the likelihood of moral disengagement  MORAL DISENGAGEMENT (process of convincing the south that ethical standards do not apply to yourself in a particular context)  Reactive as opposed to proactive Theory of locus of control has significant relevance for the Fire Service - Selection process tends to identify individuals with an elevated sense of responsibility - Military culture, coupled with strong emphasis on teamwork, tends to reinforce accountability - However, if an FD has an impoverished leadership culture that demonstrates a lack of trust through micromanagement or offers few opportunities for self-actualization through professional growth, and the sense of personal accountability and responsibility can be significantly diminished - Departments that seek “grow” through additional responsibilities, growth, opportunities, and organizational voice tends to foster a high sense of internal locus of control - Self-actualized firefighters who feel that they have a high degree of autonomy tend to have a higher sense of responsibility which will create a culture consistent with ethical behaviors 2 Approaches to ethical decisions: 2 Tasks that must be achieved   6 3 1. Define a framework for identifying the “best “ethical choices 2. Once the framework is identified, decision-maker must discern how that framework applies to the situation at hand  Purpose of ethical theories are to provide a framework for the decision-making process  Decision-making is ultimately shaped by the individual’s philosophic approach to ethics CONSEQUENTIAL ETHICAL ASSESSMENT (Ethical choices are made based on an anticipated result of doing the most good) “Best “ethical path is the one resulting in the most “good “ 1. For example, fire ground decisions seek to bring the best outcome in difficult circumstances. Best outcome is defined by strategic objectives.  First priorities to save lives, second priorities to stop the Ford progress of the fire, and the third priorities to stop property loss  Within the framework, Joyce is supporting those strategic objectives are considered the greater good 2. Most life situations do not have predefined strategic priorities, therefore the greater good can be challenging  Choices are driven by complex matrix of values, anticipated outcomes, and emotional response  “Greater good, is a subjective determination. Subjectivism can be problematic.  Consequential decision-making is often the most easily justified rationale - However, those who judge our actions, and those who are affected by our actions, may not share the same view - Consequentialist, thinking is often subject to second-guessing 2 Ethical assessment based on fairness and justice 6 1. Fairness is an easy appreciated concept 4 2. JUSTICE-BASED ETHICAL ASSESSMENT (ethical choices made on the perceived basis of fairness, or a more advanced concept of social justice) 3. Fairness is a reliable, ethical yardstick 4. Fairness is not universal and can be hard to measure 5. Fact, the individuals act differently and have different experiences, different gifts, and different challenges rises to the need for the concept of justice 6. Affirmative action meets a standard of justice that can argue for its fairness 7. It is understood that both fairness and justice are intrinsic to ethics  However, Justice and fairness are not always in concert and can cause ethical dilemma VIRTUE-BASED ETHICAL ASSESSMENT (Basing, ethical choices and perceived consistency with character) 1. Through the development of character, we can achieve wisdom, compassion, and empathy  These are powerful, ethical tools that lend themselves to integrity, fairness, and honesty 2. Unique in that the preminent question is not, what should I do, but rather what kind of person will I become if I do this? 3. Virtual ethics in decision-making lends itself to a high degree of subjectivity  However, it’s strong connection to values seems the greatest deterrent to moral disengagement and self-deception 4. When moral dilemmas seem to be present problems that have no clear-cut answer, reframing the question by focusing on the character rather than the solution can be highly useful Decision-making based on common good 1. Principles of social contracts, Beneficence (act of doing good) Ethics and care ethics can also be useful in ethical immoral decision-making 2. Similar to consequentialism, the common good approach focuses on personal relationships Assessing decisions based on deontology 1. DEONTOLOGY-BASED ETHICAL ASSESSMENT (Decision Making based on compliance to Kant’s categorical imperative)  Universal law of ethics  Humanity bestowed “self-agency “the ability to make free choices in Shoulder the responsibility for those choices  Free agents, all people deserve respect, and it is unethical to act away that obstruct the natural rights of individuals  Deontology suggest that ethical treatment of others is an obligation  Decision-making is not based on consequences or intent, but rather how well an individual’s choices comply with their duty to respect the intrinsic humanity of others  Deontology approach also has a significant element of practicality - Asserts that ethical truth is those that could be universally applied - Leaves no room for subjectivism  For example, if lying is wrong, then it is universally wrong, and no circumstance can change that fact 2 6 5 2. Firefighters: Deontology has several applicable advantages as a professional ethic  Offers specific guidance as to right and wrong  Orientation in duty and obligation are consistent with the Fire Service culture 3. Consequentialist and the virtue ethicist are both likely to determine that a given action is wrong because it simultaneously does not comply with personal values, and if it does not yield in an appreciable good for anyone 4. Best approach to ethical decision-making is to employ all the systems Fire Service Decision Making Model: in making ethical/moral decisions: STEPS 1. Identify stakeholders  Public, the Department, your fellow firefighters  Consideration be given to the economic and emotional impact of the decisions on family 2. Clarify your goals  Decisions should be subjective to identifiable goals  Important to clarify what it is about a situation that is relevant, both factually and emotionally  Intentions and likely consequences are often intimately associated with responsibility and obligations 3. Gather facts  Clarify assumptions 4. Develop options  Too often errant decisions are made before all available. Options are determined. 5. Defined ethical issues 6. Make predictions  Context is a factual framework and may be a potential defense of decisions  Emotional justification would be discounted by a board of inquiry  Can be easier with the diligent pursuit, irrelevant facts, and dispassionate evaluation 7. Refer to your moral compass  We may rationally evaluate a choice based on perceived fact in predicted consequences, feelings, often indicate support or conflict with our internal moral compass  Your gut is a good indicator of impending, moral dissonance 8. Vet the decision  Ask yourself questions - Is your choice consistent with your values and the Fire Service mission and values. Your respect to the same thing in a similar situation Would you be ashamed? Are there laws rules or regulations or department policies that restrict the choices? If a subordinate or acted in the same way, would I be supportive of that action? My motives self-serving Most important, can I rationally defend my decision?