Title Professional Ethics without Moral Theory : A Practical Guide for the Perplexed Non-Philosopher

Author(s) Davis, Michael

Citation Journal of Applied Ethics and Philosophy, 6, 1-9

Issue Date 2014-09

DOI 10.14943/jaep.6.1

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Type bulletin (article)

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Hokkaido University Collection of Scholarly and Academic Papers : HUSCAP

Professional Ethics without Moral Theory

Michael Davis
Illinois Institute of Technology

Abstract

My thesis is that any course in professional ethics — even in a philosophy department — is, all
else equal, better without moral theory than with it. In defending this thesis, I shall return to a
debate I had with Bernie Gert and Ed Harris a few years ago, itself the culmination of almost
four decades of teaching professional ethics and more than two decades of teaching others to
do the same. I am, I should make clear, not against moral theory (the attempt to understand
morality as a reasonable undertaking). Indeed, not only do I enjoy teaching a course in moral
theory every few years and publish on the subject now and then, I would agree that, in principle,
moral theory can not only enlighten students but also be useful to them, helping them to
identify moral issues they might otherwise overlook, seek information they might otherwise
not think relevant, and formulate courses of action that might otherwise not occur to them. My
thesis is entirely practical: Given the time normally allotted to a course in professional ethics (45
or so classroom hours), moral theory will never be useful enough. There is always a less-time-
consuming way to do what moral theory can also do, leaving more room for other topics that a
course in professional ethics should include. Moral theory is, therefore, always a waste of time in
a professional-ethics course.

Key words: Ethics, Morality, Moral theory, Profession, Teaching

But at my back I always hear I am, I should make clear, not against moral theory
Time’s wingèd chariot hurrying near. (the attempt to understand morality as a reasonable
undertaking). Indeed, not only do I enjoy teaching a
—Andrew Marvell, “To His Coy Mistress” course in moral theory every few years and publish
on the subject now and then 2, I would agree that, in
My thesis is that any course in professional ethics—even
of Comparative Cost”, Teaching Ethics (Fall 2009): 69-
in a philosophy department—is, all else equal, better
78; C.E. Harris, “Response to Michael Davis: The Cost is
without moral theory than with it. In defending this
Minimal and Worth it”, Teaching Ethics 10 (Fall 2009): 79-
thesis, I shall return to a debate I had with Bernie Gert
86; Bernard Gert, “The Usefulness of a Comprehensive
and Ed Harris a few years ago, itself the culmination Systematic Moral Theory”, Teaching Ethics 11 (Fall
of almost four decades of teaching professional ethics 2010): 25-38; C.E. Harris, “A Reply to Bernard Gert”,
and more than two decades of teaching others to do the Teaching Ethics 11 (Fall 2010): 39-50; Michael Davis, “The
same.1 Usefulness of Moral Theory in Teaching Practical Ethics: A
Reply to Gert and Harris”, Teaching Ethics 11 (Fall 2010):
1 C.E. Harris, “Is Moral Theory Useful in Practical Ethics?” 51-60.
Teaching Ethics 10 (Fall 2009): 51-68; Michael Davis, “The 2 See, for example, the following recent articles: “Imaginary
Usefulness of Moral Theory in Practical Ethics: A Question Cases in Ethics: A Critique”, International Journal of
 2 Professional Ethics without Moral Theory Michael Davis

principle, moral theory can not only enlighten students think of their subject as just morality applied to the
but also be useful to them, helping them to identify moral professions—“morality” consisting of those standards
issues they might otherwise overlook, seek information of conduct that apply to all moral agents—don’t kill,
they might otherwise not think relevant, and formulate keep your promises, help the needy, and so on.4 When
courses of action that might otherwise not occur to them. self-declared teachers of professional ethics describe
My thesis is entirely practical: Given the time normally what they teach as “integrity”, “virtue”, “character”, or
allotted to a course in professional ethics (45 or so simply “the difference between right and wrong”, they
classroom hours), moral theory will never be useful generally have the ethics-as-morality sense of “ethics” in
enough. There is always a less-time-consuming way to mind.5 Since academics have a predisposition for theory
do what moral theory can also do, leaving more room for anyway, they find it hard to resist the slide from ethics-
other topics that a course in professional ethics should as-morality to ethics-as-moral-theory.
include. Moral theory is, therefore, always a waste of I therefore want to stress that professional ethics
time in a professional-ethics course. Unfortunately, is not merely ethics-as-morality. Like the content of
before I can defend this thesis, I must clarify what I promises, the content of professional ethics consists—in
mean by “professional ethics”. Confusion about what large part at least—of standards otherwise absent from
professional ethics is seems to have much to do with morality. Professional ethics includes special, morally
what makes moral theory seem something a course in permissible standards of conduct applying to members
professional ethics should have. of a profession simply because they are members of that
profession—standards that may (and often do) differ
not only from ordinary morality but from profession
Professional Ethics to profession. These are the “higher standards” that
professions typically claim to follow. It is in this sense
The term “professional ethics” is systematically of “ethics” that architecture ethics applies to architects
ambiguous. On the one hand, it names a subject of and no one else; nursing ethics, to nurses and no one
philosophical (and sociological) study; on the other hand, else; and so on. So, for example, it is in this sense
it names the social practices that constitute the subject that architects have an ethical obligation to “advocate
of that study (that is, the ways in which auditors, judges, sustainable building and site design” while nurses do
psychotherapists, or other professionals should, and not. 6 Among terms more or less equivalent to ethics
generally do, conduct themselves, work with each other, in this special-standards sense are (depending on the
and evaluate what any of their number do). One reason discipline in question): “professionalism”, “professional
non-philosophers think they must teach moral theory
4 Text writers can be quite explicit about this. See, for
when they teach professional ethics is that they think the example, Mike W. Martin and Roland Schinzinger, Ethics in
term “ethics” in “professional ethics” must refer to the Engineering, 4th Ed. (McGrawHill: Boston, 2005), pp. 7-8:
philosophical study. They fail to appreciate that teaching “The word ethics has several meanings. In the sense used in
professional ethics is (primarily at least) teaching a social the title of this book, ethics is synonymous with morality.”
practice (the art at which the profession is proficient), 5 For an extended critique of claiming to teach integrity,
not merely teaching about that practice (a “science” that virtue, or the like, see my “What’s Wrong with Character
would leave much more room for philosophy). Education?” American Journal of Education 110 (November
There are doubtless other reasons for misunderstanding, 2003): 32-57.
however. One is confusion between the terms “morality” 6 Compare the following codes: The American Institute of
and “ethics”. That confusion is not surprising. Two Architects, Code of Ethics and Professional Conduct (2012),
of the common names for moral theory in philosophy http://www.aia.org/aiaucmp/groups/aia/documents/pdf/
departments are “ethical theory” and “ethics”.3 Indeed, aiap074122.pdf (accessed July 29, 2013), E.S. 6.3, with
when I teach moral theory, the official name of the course American Nurses Association, Code of Ethics for Nurses
(2001), http://www.nursingworld.org/MainMenuCategories/
is Ethics. So, it is important to begin any discussion of
EthicsStandards/CodeofEthicsforNurses/Code-of-Ethics.pdf
teaching professional ethics by distinguishing “ethics”
(accessed July 29, 2013). Of course, biomedical ethics texts
(as used in the social-practice sense of “professional
tend to ignore codes of professional ethics in favor of certain
ethics”) from both morality and moral theory. To make “principles” (typically, beneficence, non-maleficence, justice,
doing that harder, some who teach professional ethics and respect for persons). Advocating sustainable building
might then be conduct that beneficence suggests or even
Applied Philosophy 26 (Spring 2012): 1-17; and “Gert on urges—but the essential point would remain. Advocating
Law and Duty”, Teaching Ethics14 (Fall 2013): 71-81. sustainable building would not be obligatory for nurses
3 Occasionally, among certain philosophers (“continentals”), while it is for architects—since beneficence is not generally
moral theory may also go by the name “deontology” or obligatory and there is nothing about nursing (such as its
“axiology”. code of ethics) to make it so for nurses.
 Journal of Applied Ethics and Philosophy Vol. 6 3

responsibility”, and “responsible conduct”. ACM members, it is (in form at least) a statement of
If “professional ethics” is understood in this way— organizational ethics (even though its title includes
that is, as morally permissible standards of conduct the term “professional”). In contrast, the “Code of
applying to members of a profession simply because they Ethics of the Japan Society of Civil Engineers” is a
are members of that profession—, ethics is not something true professional code; it applies to “civil engineers” as
to be learned from parents, childhood playmates, such (whether or not members of the Society).10 Unlike
one’s religion, or any similar source of ordinary moral these, the “Ten Commandments of Computer Ethics”
learning. It is the special preserve of those who know is an institutional code, since it applies to anyone using
how to practice the discipline in question or who have at a computer, whatever the organization or profession,
least studied that practice in depth. Because this special- indeed, whatever the age, education, or citizenship.11
standards sense seems to be the one used by members In addition to such formal standards, there may be
of most professions when discussing their professional “unwritten codes”—whether unformulated but generally
ethics, I shall hereafter use “ethics” exclusively in this understood (“the hacker ’s code” before 1984 12 ),
sense (reserving “moral theory” and “morality” for the formulated only in scattered documents (as much of
other two senses respectively). professional courtesy is), or formulated only orally (as
There are at least three varieties of special standard “Murphy’s laws” once were).13
that might be relevant to teaching professional ethics In addition to these informal standards, written
so understood: First are organizational standards, for or unwritten, are interpretations. An interpretation
example, those special standards adopted by a university, applies a standard to a situation that the standard only
government, or business. Many professionals work in arguably covers. Since few standards can clearly
organizations that have such special standards (standards cover all situations in a reasonable way, interpretation
such as Toyota’s Code of Conduct). 7 Second are is unavoidable—or at least very desirable. A skilled
standards of an institution—that is, a site, for example, accountant, engineer, psychologist, or other professional
a law court or research library, where individuals who is generally more skilled at interpreting the relevant
belong to more than one profession or organization special standards than is a novice or outsider.
rely on one another while carrying out some task. Interpretation is also part of what we mean by “ethics”
Professionals often work in institutions (as well as in when we talk about teaching professional ethics.
organizations). Physicians, scientists, and engineers may, Ethics in this special-standards sense is distinct
for example, use the same computer network (even if from law, private regulation, and custom. Law, private
they have different employers). Third are standards of regulation, and custom apply to people whether
the profession itself, for example, standards defining the they want it to apply or not. That is why law, private
proper way to practice actuarial science, dentistry, law, regulation, and custom tend to rely on external reasons
or physical therapy.8 Strictly speaking, only the last of for obedience—punishment, supervision, taxation,
these standards are standards of professional ethics; the positive incentives (such as salary, commission, or
other two are simply standards relevant to professional profit), and so on. In contrast, ethics (in our special-
decisions.
Any of these special standards may appear in a officially the “Association of Computer Machinery”, a name
document called “a code of ethics”, “standards of at once seldom used and no longer accurate.
conduct”, “professional guidelines”, “statement of 10 http://ethics.iit.edu/ecodes/node/3253 (accessed July 21,
values”, or the like. So, for example, the “ACM Code 2013).
of Ethics and Professional Conduct” applies only 11 http://computerethicsinstitute.org/publications/
to ACM members. 9 Since that code applies only to tencommandments.html (accessed July 21, 2013).
12 Steven Levy, Hackers: Heroes of the Computer Revolution
7 Toyota Motor Corporation, Code of Conduct (2006), http:// (Anchor Press/Doubleday: Garden City, NY, 1984), who
www.toyota-global.com/company/vision_philosophy/ seems to be the first to put the code in writing.
toyota_code_of_conduct.html (accessed August 2, 2013). 13 I have used these farfetched examples because I have no
8 For those wondering what I mean by “profession”, the short clear example of an unwritten code of professional ethics
answer is: a number of individuals in the same occupation (properly so called). Often what might seem to some
voluntarily organized to earn a living by openly serving members of a profession to be an “unwritten rule” may seem
a moral ideal in a morally-permissible way beyond what to others to be an “interpretation” of a written rule. The line
law, market, morality, and public opinion would otherwise between unwritten rule and interpretation is certainly fuzzy
require. For most recent defense of this answer, see my “Is in practice. The best examples of “unwritten ‘professional
Engineering a Profession Everywhere?” Philosophia 37 codes’” are not ethical (and therefore not professional,
(June 2009): 211-225. strictly speaking), for example, “the code of silence” among
9 http://www.acm.org/about/code-of-ethics (accessed July police or the Cosa Nostra’s omertà.
21, 2013). “ACM” is the common name for what is still
 4 Professional Ethics without Moral Theory Michael Davis

standards sense) consists of those morally permissible professional conduct. While I believe, or at least hope,
standards of conduct everyone in the relevant group— that teaching professional ethics can increase ethical
the members of the relevant organization, institution, or commitment, I also believe that it is a mistake to claim
profession at their rational best—wants everyone else in to teach such commitment. We should not claim to teach
the group to follow even if their following the standards what we cannot show that we have taught; we do not
would mean having to do the same. Everyone in the want to give those skeptical about teaching professional
group thus has a moral reason to follow the standards if ethics a bigger target than necessary. There are at least
the group’s standards are generally followed (a reason three reasons to doubt that teachers of professional ethics
internal to the practice itself). That reason is fairness, that can show that they have taught ethical commitment.
is, not taking unfair advantage of a voluntary practice First, ethical commitment is easily faked in an
from which one benefits (in large part at least) because academic setting, that is, when using ordinary forms of
other participants generally accept its burdens. There is academic assessment (problem sets, term papers, in-class
much less need for external enforcement. exams, lab reports, and the like). A student need only say
or do what judgment says she should say or do. She may
do that whatever her actual reason for saying it or doing
Teaching Professional Ethics (In This Third it (that is, without the appropriate commitment). In this
Sense of Ethics)? respect, commitment differs from sensitivity, knowledge,
and judgment. It is hard to fake sensitivity, knowledge, or
Given this understanding of the subject, what objectives judgment (except by such ordinary methods of cheating
should teaching professional ethics have? There are at as copying the answer from a better student). How
least three. (apart from cheating) is one to seem to see a problem if
First, there is increasing ethical sensitivity, that one cannot see it, to seem to know what one does not
is, the ability to identify ethical problems in context, know, or to seem to develop a reasonable plan without
for example, the ability of engineers to see a certain developing one?
variation in the temperature of an oven as raising issues Second, assessing ethical commitment in an academic
of safety, reliability, or waste. setting is impractical. Right now, the best tool available
Second is increasing ethical knowledge. Some for assessing commitment is a survey in which students
ethical knowledge is propositional (“knowing that”), report their perceptions of their own conduct or that
for example, knowing that one’s conduct is governed of those around them.15 Such surveys seem to give a
by law, organizational regulation, and professional reasonably good indication of academic atmosphere but
code, that double-checking certain calculations is reveal little, if anything, about actual academic conduct,
an ordinary precaution, or that members of one’s much less about professional conduct in years to come.
profession are supposed to know such things. But much Too many variables intervene.
ethical knowledge is skill, for example, knowing how Third, professional ethics is primarily about what
to interpret a code of ethics or how to file an ethics students should do after graduation (that is, when
complaint safely with the appropriate authority. practicing their profession). We would have failed if, as a
The third reasonable objective of teaching ethics is result of our teaching, our students conducted themselves
improving ethical judgment. By “ethical judgment”, properly in the classroom but became scoundrels the
I mean the ability to design an acceptable course of day after graduation. Yet, we are in an even worse
action for the ethical problem identified (acceptable to position to know how they are conducting themselves
competent members of the profession). Ethical judgment after graduation than while they are in the classroom. Of
turns knowledge into an (appropriate) plan.14 course, over several decades, employers may develop
Many teachers of professional ethics are tempted the sense that graduates of certain programs are more
to add a fourth objective to this list: increasing ethical trustworthy than others. That, in fact, is an important way
commitment, that is, increasing the relative frequency to assess what goes on in the classroom. Unfortunately,
with which students turn ethical plans into acceptable
15 Donald McCabe has done substantial research assessing
14 What is sometimes called “moral imagination” is either an academic environment in this way. See, for example, D.
aspect of sensitivity or an aspect of judgment, depending on McCabe, L.K. Trevino, and K.D. Butterfield, “Honor Codes
whether the term is understood as referring to the ability to and Other Contextual Influences on Academic Integrity,”
appreciate the consequences of one’s choice (sensitivity of a Research in Higher Education 43 (2002): 357-378. For
sort) or the ability to invent good alternatives to the choices similar research directly related to professional ethics, see B.
with which one has been presented (part of judgment). Given C. Martinson, M. S. Anderson, and R. De Vries, “Scientists’
its ambiguity, it is a term to avoid. For more on judgment, perceptions of organizational justice and self-reported
see my “A Plea for Judgment”, Science and Engineering misbehaviors”, Journal of Empirical Research on Human
Ethics 18 (December 2012): 789-808. Research Ethics 1 (2006), 51-66.
 Journal of Applied Ethics and Philosophy Vol. 6 5

few today seem willing to wait that long to assess a course in professional ethics is a waste of time. I have
instruction in professional ethics. So, in practice, that three (related) arguments. The first concerns the teachers
slow method is not available as a way to show that of professional ethics; the second, the students; and the
teachers of professional ethics have succeeded in raising third, one alternative to moral theory.
ethical commitment.
Nevertheless, teachers of professional ethics need The teacher. Who might use moral theory to teach
not apologize for that inability to achieve this fourth professional ethics? There seem to be only three
objective in the classroom—or even in the university as significant possibilities: 1) qualified moral theorists; 2)
a whole. Teaching professional ethics is no worse off in philosophers, religious ethicists, or the like who have
this respect than teaching the technical side of biology, taken some moral theory courses (whether graduate or
history, mathematics, pharmacology, or any other undergraduate) but cannot claim to be qualified moral
academic subject. We can give students the technical theorists (“knowledgeable non-experts”); and 3) ordinary
tools to do what they should (technical sensitivity, professors of astronomy, climatology, education, social
technical knowledge, and technical judgment) but cannot work, zoology, or the like who have picked up a little
guarantee that they will use those tools, much less that moral theory along the way (generally, from independent
they will use them as they should. For example, we study, teaching the course before, or from reading the
cannot guarantee that an engineering student who has text). For purposes of argument, we may assume that
done well in first-year chemistry will, after graduation, teachers in categories 1 and 2 will know enough to teach
ever use what she learned—even on problems where a few of the major theories: utilitarianism, non-utilitarian
using that knowledge might be helpful. 16 When it consequentialism, deontology, virtue theory, self-
comes to likelihood of proper use, we should not hold realization, egoism, divine command, relativism, or the
professional ethics to a higher standard than other like. We cannot, however, assume the same for category
academic subjects. 3—perhaps the majority of teachers of professional
Given that the objective of teaching professional ethics. So, we may begin our critique of teaching moral
ethics is to give students the appropriate sensitivity, theory by asking why we should suppose that those
knowledge, and judgment, a course in professional in category 3 (those with little or no training in moral
ethics should, it seems, include: 1) teaching students theory) could do an acceptable job of teaching even a
to recognize ethical problems that members of the few moral theories.
profession typically encounter; 2) teaching students The only answer seems to be that the teachers in
about the context in which they must address those question will use a textbook that includes enough
problems (typical employer practices, the profession’s instruction in moral theory to overcome any lack of
organization, the profession’s social functions, and so knowledge on the teacher’s part. Consider then a classic
on), the special standards that members of the profession text in professional ethics, one that has gone through
should consider when trying to develop reasonable four editions and been translated into several languages
solutions to those problems, ways to develop reasonable (including Japanese): the Harris, Pritchard, and Rabins
solutions (a decision procedure), and arguments that text, Engineering Ethics. 17 The fourth edition has ten
might be used to defend those solutions; and 3) giving pages on moral theory—five on utilitarianism and five
students opportunities to practice judgment by explaining on what it calls “PR theory”, a kind of deontology, “PR”
realistic ethics problems typical of their profession, standing for “respect for persons.18 The discussion of
resolving them, and defending their resolution. A course utilitarianism offers three versions of that theory: cost-
in professional ethics should, in effect, be an introduction benefit analysis (apparently to serve as a bridge from
to the practice of the profession in question. common engineering practice to moral theory proper),
act-utilitarianism, and rule-utilitarianism. The book
does much the same for PR theory, distinguishing three
Three Arguments for Omitting Moral versions: the golden-rule approach, the self-defeating
Theory approach, and the rights approach. Harris, Pritchard,
and Rabins have, in other words, reduced an enormous
Having clarified what it is to teach professional ethics, I literature to ten pages.
can now defend the thesis that teaching moral theory in
17 Since writing this, a Fifth Edition has appeared. Nothing I
16 Of course, an engineer who doesn’t use chemistry when he say here depends on the (significant) differences between the
should, may soon be out of a job; but the same should be two editions.
true of an engineer whose conduct on the job is obviously 18 Charles E. Harris, Michael S. Pritchard, and Michael J.
inconsistent with the professional ethics learned in school. Rabins, Engineering Ethics: Cases and Concept, 4th Edition
(Wadsworth: Belmont, CA, 2009), 58-69.
 6 Professional Ethics without Moral Theory Michael Davis

Given the space assigned, the exposition is impressive. deal with that question soon. The other question I shall
But much has been sacrificed. For example, there is far address now: what reason is there to believe that such
too little about how to measure utility if not in money (as knowledgeable non-experts will do an acceptable job of
cost-benefit analysis typically does). All the text says is teaching the moral theory they undertake to teach?
“greatest good”. A survey of proposed measures of the Most moral theorists have, I think, noticed how
“greatest good” could easily be the work of a semester- often those who know something of moral theory but
long graduate philosophy seminar, indeed, even a survey are not expert get the moral theory wrong or, at least,
of proposed ways to make interpersonal comparisons of fail to appreciate how problematic are the common
utility could be. I am not condemning the text for failing interpretations of it. Any defense of moral theory’s
to say more. I am simply pointing out how limited the usefulness in a professional ethics classroom seems to
exposition of moral theory is in fact—and must be if assume some quality control on the theory taught. But,
the text is to serve the objectives we identified without where moral theory is taught by those not expert, there
exceeding reasonable length for a semester course (say, is generally no quality control (as there would be if, say,
about 300 pages). the course were team-taught with an ethics expert present
Judging by space assigned (half a page to act- throughout to correct the knowledgeable non-expert).
utilitarianism against one-and-a-half pages to rule- Someone who begins with a respectable textbook may
utilitarianism), Harris, Pritchard, and Rabins prefer rule- not stop with what is in the text, indeed, may even
utilitarianism. Yet, in the form the text gives it, rule- misunderstand the text. Given how thin explication is
utilitarianism is generally thought to be equivalent to act- even in a classic text like Engineering Ethics, there must
utilitarianism. So, why bother with the distinction? The often be a temptation to say more when a teacher thinks
answer seems to be that the rule-utilitarianism presented he knows more (whether he in fact knows more or not).
is valuable as a heuristic (a tool for thinking about ethical Indeed, there is also the likelihood both of overlooking
problems) even if not valuable as an independent theory: qualifications the text includes without enough emphasis
“The rule utilitarian approach to problems brings to our and making a mistake in choice of text, choosing one that
attention an important distinction in moral thinking [the itself does a poor job of presenting moral theory.20
distinction between thinking about the solution of an
individual problem and thinking about the cumulative The students. That is enough about the teacher. Now,
effects of solutions like that]”.19 what about the students? Let us take the best case:
I could say more concerning how limited is the suppose that the students have a teacher like me,
text’s treatment of utilitarianism—and the same for its someone who actually understands moral theory (or, at
treatment of deontology. But I will not because I have, least, has good reason to think so). How much moral
I believe, already made my point. Whatever the typical theory can such a teacher teach typical students enrolled
teacher of professional ethics will learn from the short in Engineering Ethics, Medical Ethics, Responsible
presentation of “moral theory” in a text like Engineering Conduct of Research, or another such course? That
Ethics, it is not moral theory in the sense necessary to question will have a somewhat different answer
a defense of using moral theory to teach professional depending on the amount of time the teacher is willing
ethics. What a teacher will learn from such a text is to assign to teaching moral theory. The Harris, Pritchard,
something much less subtle, several rough decision and Rabins text suggests that the teacher assign about
rules or questions with which to approach a problem two classroom hours in a semester course to teach the
of professional ethics. A teacher who does not know basics of utilitarianism and PR theory [(10 pages/229
much more about utilitarianism or deontology than pages) x 45 hours = 1.96 hours].21
Engineering Ethics tells her is in no position to teach the
theory, only to teach those few rules or questions drawn 20 For some idea of how poor can be the presentation of moral
from the theory. theory in an otherwise respectable text in professional ethics,
see Charles B. Fleddermann, Engineering Ethics, 2d ed.
Those teachers who, though not moral theorists, know
(Upper Saddle River, NJ: Pearson Education, 2004), esp. pp.
more of moral theory than the self-taught, that is, those
31-40 (the work of an electrical engineer who had studied
philosophers, religious ethicists, or the like who have
under Harris).
taken some advanced moral theory courses, should be 21 This seems to be a relatively modest allocation of time to
able to teach more moral theory than the self-taught. moral theory. Compare the three leading rivals of Harris,
There are, however, at least two questions remaining Pritchard, and Rabins (omitting index, bibliography, codes,
about what even they can teach. One is how much and the like): Martin and Schinzinger, 30 pages out of
moral theory the classroom allows them to teach. I will 295—suggesting 4.5 classroom hours; Fleddermann, 14
pages out of 121, suggesting five classroom hours; and Ibo
19 Harris, Pritchard, and Rabins, 63. van de Poel and Lambèr Royakkers, Ethics, Technology,
and Engineering: An Introduction (Chicester, UK: Wiley-
 Journal of Applied Ethics and Philosophy Vol. 6 7

When I teach an advanced undergraduate course in that the course will do some good.
moral theory, I devote at least twelve classroom hours
to utilitarianism and about as long to Kantian ethics (a An alternative. The third argument against teaching
close relative of PR theory). That is about twelve times moral theory in a professional ethics course is that there
as much as Engineering Ethics suggests be allocated to is at least one alternative that is clearly better. We have
the same project. Perhaps I am a bad teacher. But after so already noticed that what a typical text in professional
much more time trying to teach the two moral theories ethics, Engineering Ethics, in fact teaches is not so much
(to students who have volunteered to learn moral theory), several moral theories as several rough but useful ways
my students still have only a rough grasp of the two to think about an ethical problem. The time allotted to
theories. Though I would trust my life to most of those moral theory allows nothing more. We might then try
students, I would not want my life to depend on their to boil down other moral theories in the same way that
understanding of either theory even at the end of the Engineering Ethics boiled down utilitarianism and PR
semester (much less on their understanding of any of the theory. Indeed, we might even try to boil down those
other theories covered less extensively in the course). My two theories further (turning them into several questions,
experience with students who take no course in moral directives, or tests). What we would then have is a list
theory but instead take Architecture Ethics, Business of questions, directives, or tests to help students think
Ethics, Engineering Ethics, or Medical Ethics is even through ethical problems. Here is such a list—one I have
less happy. Most of them go blank as soon as I start to used (as part of a larger decision procedure) in place
explain a moral theory. Are other experts in moral theory of moral theory when teaching Architecture Ethics,
significantly more successful at teaching moral theory Engineering Ethics, and the like:
than I am?
One conclusion that might be drawn from this • Harm test—does this option do less harm than
discussion of time constraints is that students need more any alternative?
moral theory, not less, say, a whole course or two before • Rights test—would this option violate anyone’s
they take Architecture Ethics, Engineering Ethics, or right, especially a human right?
the like. I reject that conclusion. There may be reasons • Publicity test—would I want my choice of this
to require students to take one or two courses in moral option published in the newspaper?
theory (enlightenment, contact with great minds, and so • Defensibility test—could I defend my choice of
on). That the moral theory learned will help them with this option before a Congressional committee, a
professional ethics is, however, not one of those reasons. committee of my peers, or my parents?
There is no evidence that students who take even • Virtue test—what would I become if I choose
several courses in moral theory are, all else equal, better this option often?
prepared for a course in professional ethics than students • Professional test—what might my profession’s
who have taken none (except, of course, insofar as the ethics committee say about this option?
professional ethics course includes moral theory). 22 We • Colleague test—what do my colleagues say
should, I think, have substantial evidence that moral when I describe my problem and suggest this
theory does benefit students enough in the way required option as my solution?
before requiring them to take such a course. An academic • Organization test—what does the organization’s
requirement should rest on more than a well-meant belief ethics officer or legal counsel say about this?

Blackwell, 2011), 44 pages out of 300, suggesting 6.5 This is neither the only list of questions possible nor
classroom hours. All but Martin and Schinzinger also have necessarily the best.23 All I claim for it is that it will serve
a separate chapter of about equal length on ethical decision- in place of moral theory—doing pretty much everything
making. moral theory is supposed to do in a professional-ethics
22 So far, evidence seems to be against moral theory having
course but more reliably and with less time devoted
any significant effect on moral judgment (much less ethical
to teaching it. Students will generally be proficient in
judgment). See, for example, Andre Schlaefli, James R. Rest
the use of all these tests after less than an hour of class
and Stephen J. Thoma, “Does Moral Education Improve
Moral Judgment? A Meta-Analysis of Intervention Studies
Using the Defining Issues Test”, Review of Educational 23 I have made a number of changes in the list over the years.
Research 55 (Autumn 1985), pp. 319-352 (which includes See, for example, the early list in: “Developing and Using
a comparison of humanities courses that deal with “ethical Cases to Teach Practical Ethics”, Teaching Philosophy 20
dilemmas” and humanities courses that do not). I know of (December 1997): 353-385.
no studies showing that moral theory has any positive effect For several other lists, see commfaculty.fullerton.edu/
on ethical decision-making beyond that almost any decision lester/courses/517/decision_making.doc‎ (accessed July 21,
procedure has. 2013).
 8 Professional Ethics without Moral Theory Michael Davis

time. (Indeed, that hour will include introducing them to are not to let any theory make the decision for them. The
the whole decision procedure, seven steps of which the same is true for my “tests”.
“tests” are only one.) A second reason that disagreement among the tests
That these questions correspond (roughly) to several is not a problem is that, insofar as my approach differs
popular moral theories should, I think, be obvious to from the moral-theory approach, mine is more likely
theorists. The harm test asks about the consequences of to catch relevant considerations. After all, the moral-
a particular act. It is, then, act-utilitarian (though silent theory approach typically relies on two or three major
about benefits—a good thing since that silence avoids theories (with variations mentioned). My approach,
the classic problem of trading off negative and positive however implicitly, relies on at least four tests that differ
consequences). The publicity test asks a question that in fundamental ways. Insofar as moral theories are in
a typical deontological theory would suggest, since fact imperfect guides to conduct, my approach should
what we do not want others to know is generally (but be better. All else equal, four fundamentally different
not always) something that fails to respect their agency. screens should catch more of what we want to catch than
Something similar would be true of the defensibility two or three.
and rights tests. The virtue test asks a question that both Third, worrying about test results disagreeing may
rule-utilitarianism and virtue theory suggest (do the itself be the product of thinking of the tests as (nascent)
bad consequences that flow from the practice cancel theories. When theories disagree, we must choose
the good consequences of the act?). The last three between them (or suspend judgment). They cannot all
tests (professional, colleague, and organizational) ask be right. Insofar as all are moral theories, they are all
questions we might associate with relativist theories. competing for the same title, The Correct Moral Theory.
Those three tests explicitly call attention to the place that Each includes the implicit claim that all other moral
special standards have in professional ethics (something theories, or at least all others interestingly different, are
most moral theories tend to obscure). For those who inadequate (if not simply wrong). Thinking in terms of
think care represents a distinct category of moral theory, moral tests rather than moral theories does not carry that
a “care test” might be added (say, “Does this option implicit claim. Each test can be relevant without being
damage any relationship I should care about?”). The decisive. We are used to having more than one imperfect
same for feminist theory, natural law theory, intuitionism, way to check for something (say, where to drill for oil or
particularism, or any other moral theory the teacher the best mutual fund to invest in). If all the tests that we
happens to like. have tried point in the same direction, we are relatively
What makes these tests easier to teach than moral confident. If some point in one direction and some in
theory is that they are drawn directly from common another and we have time, we may do more tests or look
sense. Students can apply them with reasonable for an option passing all the tests. If we lack time, we use
reliability almost as soon as they have read them. They the test results we already have, aware that we might do
can so apply them because they have in fact already been better if we had the time.
applying them more or less (though generally using only If (as rarely happens) a student in a professional-ethics
one test to make a decision and unwisely forgetting the course asks why a certain test should matter, we need not
others). The problem with my method, if it is a problem, sketch the moral theory that it stands in for (though we
is that there is no simple routine for dealing with an could—perhaps after class to avoid putting other students
option that passes some tests but not others—except to to sleep). We may instead advise the student to take
develop a new option that does better. I deny that that is Moral Theory next semester and, in the meantime, not to
a problem for at least three reasons. use the test if she does not see the point. We might even
First, while all moral theories aspire to completeness, ask her to suggest a replacement. No test is sacred. What
none in fact achieves it. That is why most texts in is important is that they differ in fundamental ways and
professional ethics discuss two or more moral theories. that there be enough of them.
The other theory or theories are to light up relevant
considerations that the first obscures. None of the
theories is to be treated as decisive. Thus the problem of Conclusion
choosing among “tests” is not a feature distinguishing my
approach from most approaches that teach two or more When I teach a course in moral theory, I stress that the
moral theories as part of teaching professional ethics. theories are designed to be extensionally equivalent
Indeed, it is not a problem at all but part of a strategy (that is, to yield the same decisions as the others at least
by which to compensate for the (actual) incompleteness in cases generally considered clear)—even though they
of all moral theories. The students in a professional- approach decisions in fundamentally different ways. Any
ethics course are supposed to use the theories as tools theory not extensionally equivalent to the others will,
for learning more about the problem before them; they in that respect at least, be open to counter-example, and
 Journal of Applied Ethics and Philosophy Vol. 6 9

every counter-example makes a theory less appealing. feature likely to open the theory to embarrassing counter-
The great moral theorists are great in part at least examples). For that reason alone, I think a little moral
because they found ways for their moral theory to absorb theory, say, a classroom hour or two, indeed, even 45
(or otherwise disarm) many of the supposed counter- classroom hours, is dangerous—dangerous because so
examples (and related objections). Moral theory is a sort little exposure is more likely to mislead students than
of arms race between theorists who develop new counter- to lead them to a good decision. I always worry when
examples (or related objections) and theorists who a student begins a response to a practical question with
find ways to absorb them into the theory. The theories some such words as: “I am a utilitarian and therefore
as such, the few simple principles that constitute their I would….” What I want from students instead —
opening statement, are not what interest moral theorists. in a class in professional ethics, and in later life—is
The simple principles generally come from common something more like, “All things considered, including
sense, theorists contributing little more than clarity the consequences, our purposes, what my colleagues
and precision. What makes moral theory interesting to would do, and so on, I would….” My experience is that
theorists is the arms race. Can we find a counter-example the test approach defended here is more likely to yield
that will shake up those who defend this or that theory? that all-things-considered judgment than the moral-
Can we absorb this or that supposed counter-example theory approach, however boiled down the theory. For
that now seems to threaten our theory? For anyone else students of professional ethics, the less said about moral
but a moral theorist, the arms race is unlikely to be theory, the better.
interesting (which probably explains the blank look on
so many students in a professional-ethics course when I
drift into a discussion of moral theory).
What often does interest non-theorists is a moral Acknowledgement
theory when understood as a decision procedure rather
I presented versions of this article to: The 8th International
than as an attempt to understand morality. What interests
Conference on Applied Ethics, Sapporo, Japan, November
the non-theorist about the theory so understood is
3, 2013; and the Annual Meeting, Association for Practical
typically something striking about the decisions it seems
and Professional Ethics, Jacksonville, Florida, February
to yield, for example, a clear decision where the usual 28, 2014. I should like to thank those present—especially
ways of thinking about a problem do not—the very Shunzo Majima—for their comments.
feature that, for a theorist, is a sign of trouble (that is, a