Nature Of Ethics


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Nature Of Ethics

  1. 1. Understanding the Nature of Ethics, Values, and Purposes of Business, Health Care and Law: Implications and Applications for Community Sport David Cruise Malloy, Ph.D., Professor, Faculty of Kinesiology and Health Studies, University of Regina The interest in ethics is certainly not new. is among the most important (Decima, Socrates was perhaps the first to approach 2002). This particular goal has come under this topic with vigour 2,500 years ago when considerable scrutiny in recent years as he questioned whether the unexamined life unethical conduct by athletes, coaches, and was worth living. However, despite its administrators have made worldwide longevity, the fundamental ethical question, headlines. The initial response from Canada What should I do?, is still left unanswered in a was the now famous Dubin Inquiry in definitive way. While religious perspectives which sport was deemed to be in a “state of clearly state the fundamental nature and moral crisis”. The outcome of the Dubin purpose of our intended behaviour as Inquiry and other international initiatives humans, the philosophical view tends to be a (e.g., the World Anti-Doping Agency) was a more complex shade of ethical grey. The heightened awareness of unethical perception of ethics in sport is equally behaviour in sport and a desire to reverse ambiguous. what seemed to be an unfortunate trend. The net that is cast by the term sport is The dominant strategy to improve the state immense. Depending upon the context, it is of ethics in sport has been thus far to perceived to be a means to profit financially, combat the use of banned performance- a source of entertainment, a medium for enhancing substances at the elite level. fitness, an avenue for social interaction and While this is important work, it addresses a intervention, a tool to promote patriotism, symptom - not a cause. The cause of any personal development or simply as the behaviour is a result of values, purposes, natural and impulsive act of play. Despite and ethical knowledge or ignorance. These the many sub-sectors of sport that are three components and their interrelation diverse and often mutually exclusive, the have received relatively little attention in the common link with each is that sport is a debate to improve the state of sport. This is vehicle toward something (e.g., profit, curious because in other sectors (e.g., friends, health). Of the many outcomes that business, health, and law) the role of ethics we perceive sport to foster, moral character has been much more thoroughly examined. The Sport We Want 59
  2. 2. The study and application of ethics has detailed discussion). Means-oriented ethics created a variety of approaches to the basic focuses on the principles upon which we questions of what should I do, what do I value, base our behaviour. Rules, policies, and why do I value it? These varied commandments, and codes of approaches are a function of the multitude ethics/conduct form the parameters of our of purposes and values of the many sectors actions (e.g., the Code of Ethics for the of our society. Despite the differences in the Coaching Association of Canada). From mandates of these sectors and the resulting this perspective the outcome of our approaches to ethical behaviour, there may behaviour is less important than how we be some strategies that are relevant to the behave. In contrast, ends-oriented ethics community sport context that could emphasizes the consequences of action: the enhance ethical and value-based behaviour. manner in which we perform the action and our intentions are of secondary importance. The purpose of this paper is twofold. First, The ethical ends justify the means in this the strategies that other sectors, active in approach. ethical initiatives (e.g., business), have used to develop and enhance ethical conduct will be identified and discussed. Once Ethics: this survey is complete, an analysis of What should I do? What do I choose? the relevance of these strategies will be How should I live? carried out to determine to what extent Values: they can be incorporated into the realm Why do I do what I do? Core of community sport. This analysis will Intended Adopted include an exploration of the values and Weak Instrumental/Terminal purposes of each sector, with the focus on practical considerations. Behaviour: The product of what I should do and what I am motivated to do. What We Ought to do and Figure 1: The role of ethics and values in behaviour Why We Do It? While these two perspectives generally Ethics provide the basics in ethical theory, a third approach can be considered when making Ethics provides us with the tools to ethical choices. This approach is geared determine whether or not we should do a toward the individual being capable of certain action and the extent to which a past making decisions based upon free will and action should have been done (Figure 1). being fully responsible for the outcomes of While there are many different approaches each and every choice for all people to the question, What should I do?, it is concerned. Personal authenticity and non- possible to simplify matters by discussing conformity are the watchwords for this ethics in terms of means versus ends ethical view. An individual adopting this orientation (see Appendix A for a more 60 Understanding the Nature of Ethics, Values and Purposes
  3. 3. ethical stance cannot rely on societal or and strategic direction. If sport is itself a organizational rules or norms to make terminal value then the implications for its choices – all decisions are made based upon influence on moral development and one’s genuine belief in what is good in each character building, for example, need not situation. concern us and effort needs only to be placed on the technical components of the Values required skill-set. If, however, sport is perceived as an instrumental value, then While ethics tells us what we ought to do, it what is it that sport leads to and how do we does not explain why we do it. The study of ensure that this occurs? values can assist us in this. Values can be defined as concepts of the desirable with a Purpose motivating force. In other words, values somehow move us to act in a particular way. Purpose refers to what the organization If a value does not cause one to act, then it intends to do. Purpose clarifies can be concluded that value is not valued. organizational behaviour individually and For example, if a coach says that he/she collectively, and is based upon what the values fair play and demonstrates this in organization values, instrumentally and practice and competition, then it is truly terminally. The purpose of a school is to valued. However, if the coach cheats, then teach because education is valued; the the value of fair play is, in fact, not valued. purpose of business is to make a profit because economic wealth is valued and so Another way of looking at the concept of on. Understanding the value behind the value is to determine the extent to which it purpose is fundamental if one wants to set is instrumental to another value or terminal any strategic direction. Without this in itself. For example, a person may value information, an organization is adrift and jogging because it leads to a healthy body; will move in the direction of each and every another may value it simply for its own sake wave. with no ulterior motive. The former views jogging as an instrumental value; the latter If we wish to take control of our own fate views it terminally. Clarifying the and explicitly set a direction, we need to instrumental and terminal values of sport is firmly establish the values and purposes of critical if we are to know how to set policy community sport (Figure 2). Values: Purpose: What does my sector value and What is the purpose of Ethics: why is it valued? this sector? How should I behave? What are the (e.g., to make a profit) Are the means, ends, and instrumental values? choices of this sector’s (e.g., efficiency, values and purposes ethical? effectiveness, productivity) (e.g., to abide by the law and What are the professional and terminal values? organisational codes) (e.g., economic wealth) Figure 2: Relation between values, purpose, and ethics The Sport We Want 61
  4. 4. Cross-Sector Strategies for ethical and to warrant the trust of the Ethics and Values: What is patient/client/public. Codes function to Everyone Else Doing and Why? make individuals aware of their ethical duty to their profession and the stakeholders to In this section what other sectors are doing whom they are responsible (Somers, 2001; to develop and enhance their ethical Valentine and Fleischman, 2002). environment will be explored. The sectors to be considered are rather broad in scope; Models of ethical decision-making provide however, this discussion will provide a sense more specific guidance for individuals when of what is being done, how effective these confronted with ethical dilemmas. While strategies are, as well as the extent to which most models attempt to incorporate these strategies have become part of the professional duty as a variable in the institutional structure within these sectors. decision-making, this is only one variable in For the purposes of this paper, the the process (e.g., Au and Wong, 2000; following sectors, whose efforts to develop Malloy, Ross, and Zakus, 2003). Examples ethical conduct and decision-making are of other variables include the perceived well documented, will be considered: importance of outcomes of a particular behaviour, organizational culture, and the Business; degree of social agreement with a course of action. Health Care; and Ethics education is a common means Law. through which ethical behaviour is For each of these sectors, the purpose, presented and encouraged in each of these values, and specific ethical strategies will be sectors. However, the existence, form, and investigated. Regardless of the sector, there content vary dramatically. are generally three formal means by which ethical behaviour is encouraged: they are Business codes of ethics, models of ethical decision- The purpose of business is to make profit making, and ethics education. for owners/shareholders. This purpose is Codes provide a variety of functions for a based upon the terminal value (for the profession. The most obvious function is to business sector) of seeking economic set internal guidelines for individual wealth. Instrumental values for this sector behaviour. Dean (1992) suggests that would include efficiency, effectiveness, and “codes are meant to translate the more productivity – all of which lead to the formal philosophical theories of ethics into terminal value of economic wealth. As a a set of guidelines that can be applied to the result of the focus on these values, day-to-day decision making” (p. 285). behaviour in this sector is predominantly Codes also serve as a mechanism to inform outcome-oriented. This emphasis on the the public of the profession’s intent to be outcome of business activity (i.e., profit) has 62 Understanding the Nature of Ethics, Values and Purposes
  5. 5. been a chronic concern and source of without “teeth” and operate as guides for scepticism by clients in particular and the behaviour only. public in general (e.g., the recent Enron Unlike the other sectors, business has scandal). The response from the business shown great interest in the development of community (including the business decision-making models to assist individuals academics and consultants) has been to to make better ethical choices. These place more emphasis on the ethical means models take on one of three themes in their to profit and downplay the profit-at-all-cost design. The first type considers the process mentality prevalent in much of the business or the stages one must go through to make community. This emphasis has taken the an ethical decision. An example of this is form of two strategies: codes of ethics and application of Rest’s model (1986) in which decision-making models. Recent research the decision maker is to consider the suggests that over 85% of businesses in following four components: 1) recognition Canada have an ethical code of some form of the problem, 2) judgement (is it ethically (Schwartz, 2002). charged), 3) intention (to make or not make While codes of ethics appear to be rather an ethical choice), and 4) behaviour (the prevalent, the extent to which they are actual action taken as a result of steps 1-3). effective is a continuing debate in the Models that focus on the process are business ethics literature. For example, important and offer solid guidance Brief, Dukerich, Brown, and Brett (1996) regarding the actual stages of decision- found that codes of ethics do not reduce the making; however, they do not address the likelihood of unethical behaviour in a multitude of factors that influence the process. Economic Wealth Profit Ends-Oriented Ethics Codes (Terminal Value) (Purpose) (Ethical Strategy) The second type of decision model focuses exclusively on the corporate context. McCabe, Trevino, and variables of ethical choices yet does not Butterfield (1996) demonstrated that the address specifically the process to be very existence of a code of ethics was followed (e.g., Hitt, 1990). The variables associated with lower levels of self-reported that these models address include the unethical behaviour. One of the major decision-maker’s own values and drawbacks of the use of ethical codes in this environment, and the macro variables of the sector is the lack of professional sanctions economy, politics, technology, and society. for those that do act unethically. There is a Theorists contend that the knowledge of sense of acting as a “professional” in this these variables will enable the individual to sector, however, there is not general have a better sense of the overall certification and no enforceable code circumstances in which the decision is being outside the specific organisation other than made and therefore come to a better what is limited to the code of domestic and decision for all involved. international law. As a result, codes function The Sport We Want 63
  6. 6. The third type of model that is being tainted Tylenol capsules in 1982. At that presented, debated, and researched in the time there were a number of deaths business sector incorporates both the attributed to strychnine poisoning in the decision-making process and the variables capsules. Johnson and Johnson reacted that influence the process. These models immediately, against the advice of their legal link the impact of variables upon the advisors, and removed 32 million bottles of specific stages of decision-making (e.g., Tylenol at a cost of $100 million. The Hunt and Vitell, 1986; Loe, Ferrell, and action taken by this company was consistent Mansfield, 2000). Where these models gain with its ethics credo. Fritzsche (1997) made in comprehensiveness and their ability to the following observation: make sense of the complexity of ethical While Johnson and Johnson runs a very decision-making in business environments, decentralized company, it fosters a they tend to lose in practicality. strong culture to guide management’s actions via the Credo, which serves as a The degree to which codes and decision- compass for managers. This was evident making models are effective is unclear. In a in the Tylenol crisis…Larry Foster, vice recent article by Schwartz (2002), 41% of president for public relations, said they had no choice but to pull Tylenol from the market. Not to do so would Ford calculated the cost in dollars of two have been a violation of the strategies: a) recall and repair or b) do nothing. Credo. “It would have been hypocrisy at its best or worse”. (p. 132) the studies he reviewed indicated that codes were effective, 12% found that the In stark contrast is the case of the Ford relationship between codes and ethical Motor Company’s faulty production of behaviour was weak, and 47% found that Pinto cars and trucks in the 1960s. Ford codes were not effective at all. With regard had manufactured the Pinto in response to to models of ethical decision-making, there increased competition from foreign small is little evidence to support their widespread car sales. The Pinto had a defect that or institutional use. Presumably those that caused it to explode upon rear-end do follow the models will make better collisions. In response, Ford calculated the ethical decisions. However, having the cost in dollars of two strategies: a) recall and information via models or educational repair or b) do nothing. To recall the cars seminars and using it are two different to replace the needed part would have cost things (i.e., “one can lead a horse to water Ford approximately $137.5 million; to do but…”). nothing and face the legal suits of injured drivers and their families was estimated at One of the most obvious success stories $49.5 million – this included an estimate of regarding codes of ethics and organizational $200,725 per fatality (Shaw and Barry, behaviour is that of the Johnson and 1989). In deciding to do nothing, Ford Johnson Company in their reaction to clearly was viewing consumers only as a 64 Understanding the Nature of Ethics, Values and Purposes
  7. 7. means to the corporate end of increasing is completely in the hands of the attending profits. The decision that Ford took was professional. As a result of this perceived or clearly unethical. It failed to adhere to de facto state of dependence and power accepted notions of the worth of a human differential, the degree of trust and life and in the end caused far greater damage confidentiality expected from the health to the organization than would have care professional is immense and incurred had it repaired the faulty Pinto. imperative. In order to ensure that health While the short-term outcome was a saving care professionals are worthy of the trust of $88 million, the long-term costs continue that society confers on them, they have used to plague Ford more than three decades after the Health Treatment Means-Oriented Ethics Codes incident – it is perceived as a (Terminal Value) (Purpose) (Ethical Strategy) “classic” case of unethical the strategy of self-sanction. corporate conduct. These two This sanctioning has taken the examples demonstrate the form of codes of ethics important interplay between (beginning with Hippocrates means-oriented and ends- some 2,500 years ago). oriented ethical decision- making when addressing In Canada, each of the health specific situations. care professions has established codes of ethics Health Care that are to guide the behaviour The purpose of the health care of individuals who have been sector is to treat individuals admitted into the particular with physical or cognitive profession. These codes pathology. The terminal identify for the individual the value upon which this is based duty that they are obliged to is health. Instrumental values include follow by virtue of being a scientific exploration, patient care, etc. The professional. Maintenance of one’s status in value of health in many ways supersedes these professions is contingent upon other values, as the human (as a biological accepting and following the particular code organism) cannot flourish in other areas to of ethics. Failure to do so results in the loss the fullest potential without health. As a of the rights and privileges associated with result of this acute and chronic interest in the profession. Many will argue that if not health, the behaviour of the professionals in for this power to remove the employment this sector comes under significant scrutiny. privileges of an individual who fails to The patient/client under the care of a health comply, a code of ethics is ineffective. care professional generally perceives Within the sector of health care, there are himself/herself to be in a vulnerable numerous codes that differ in terms of position in which his or her health (and life!) The Sport We Want 65
  8. 8. ethical content, design, and sheer volume of roles of individuals allowed to practice, statements (Malloy and Hadjistavropoulos, or by levying a fine or extracting some other form of punishment. (p. 513) 2002). Perhaps the most comprehensive, and possibly the most effective, of the codes The obligation to maintain the public trust is that of the Canadian Psychological is immense as the various health professions Association. Not only is it the most detailed are, by definition, monopolies of health care code of ethics among health care service and knowledge. Codes of ethics and professionals, but also it provides the their place within educational certification psychologist with a ranking of principles to reflect this moral responsibility. As the issue assist practitioners when ethical principles at stake in this sector is health and life itself, conflict in decision-making. A further and the power and influence of these codes may critical distinction between the professions be more profound than those found in the is the degree to which the codes and ethics other non-regulated sectors such as education, in general, form part of the business. academic requirements of nurses, physicians and psychologists. All medical students in The use of models of ethical decision- Canada are exposed to ethics as part of their making to reinforce codes of ethics is also medical curriculum, however there is part of the educational content for many significant variation from university to health care professionals, particularly for university regarding the number of nurses and psychologists. For example, the instructional hours devoted to this topic. In Canadian Nursing Association (1997) contrast, both psychologists (clinical) and promotes three models of ethical decision- nurses have intensive instruction in ethics making, any one of which could be (CPA, 2000; CNA, 1997). employed by a nurse to resolve an ethical dilemma. The first model, called the “Circle The effectiveness of codes in the health Method”, instructs the nurse to first identify sector is undetermined scientifically. the dilemma, the people, and the ethical However, as these codes tend to carry components involved. Then the nurse is to significant weight in terms of the admittance conduct an evaluation and clarification of a to and continuation of professional status in variety of variables such as ethical various associations (e.g., Canadian Medical principles, personal values/beliefs, the Association, Canadian Nursing Association, values/beliefs of others, etc. After this Canadian Psychological Association), they phase of evaluation and clarification, the are more likely to be adopted personally as nurse is prepared to act and then review his part of the socialization and educational or her behaviour in order to carry forward processes of the sector. Kluge (1999) lessons learned. The second model, termed explains that: the “Clinical Ethics Grid System”, provides these bodies have the legal power to the nurse with four components to guide enforce their rulings on members who ethical decision-making. The components have been found guilty of an infraction include the following: 1. Medical Indications against them, by striking them from the 66 Understanding the Nature of Ethics, Values and Purposes
  9. 9. (e.g., prognosis, diagnosis, and history), 2. value statements, and standards of ethical Patient Preference (e.g., instructions to the conduct. In addition to the content of the medical staff and family if the patient is codes, the CPA provides a ranking of the unable to respond), 3. Quality of Life (e.g., principles in order to assist the decision- prospects with and without treatment), and maker when they conflict. For example, 4. Contextual Factors (e.g., family, financial, when the principle respect for the dignity of religious issues). The third approach persons is in conflict with the principle of advocated by the CNA, “A Guide to Moral responsibility to society, the former is to be Decision-making”, parallels the more chosen over the latter. Interestingly, the traditional process of ethical decision- American equivalent of the CPA does not making used in the business ethics sector. It provide such a hierarchy to its principles of includes the following eight stages: ethical practice. although there has been some interest expressed in adopting the 1) Recognizing the moral dimension, 2) Canadian model (Hadjistavropoulos and Who are the interested parties and what are Malloy, 1999). The CPA hierarchy is as their relationships, 3) What values are follows: involved, 4) Weigh the benefits and burdens, 5) Look for analogous cases, 6) Principle I: Respect for the dignity of Discuss with relevant others, 7) Does this persons decision accord with legal and Principle II: Responsible caring organizational rules?, and 8) Am I comfortable with this decision? (pp. 60-61) Principle III: Integrity in relations Despite the fact that the codes of ethics in Principle IV: Responsibility to society the health care sector seem to be the primary tool being used to develop and The following hypothetical but plausible maintain ethical behaviour, decision-making example demonstrates application of this models are also an important part of the hierarchy in practice. A psychologist is educational system for these professionals. treating a patient with a unique Perhaps the advantage that the health care psychopathology and realizes that she has sector enjoys over the business sector is that uncovered a significant variable thus far the audience is captive for ethics education, unknown to research in treating a particular whereas for the non-certified “professions” mental illness. She asks the patient if he in the business realm, ethics is far from a would be willing to allow her observations mandatory component for participation. of him to become part of a scientific publication. He refuses to let this As mentioned earlier, of all the codes of information become public despite her ethics in the Canadian health care context, assurances that his identity will remain the Canadian Psychological Association’s anonymous. The psychologist is caught (CPA) document is by far the most detailed. between Principle I and IV, that is between It provides the psychologist with principles, The Sport We Want 67
  10. 10. her responsibility to respect the dignity of Information, Impartiality, and Conflict of Interest persons and her responsibility to society. Between Clients. It is expected that every lawyer is well aware of this code of conduct The CPA Code of Ethics provides guidance as a member of the legal profession. The for this psychologist because of its hierarchy Law Society of Manitoba states that: of principles. The choice is clear: the psychologist should not report the data even In Canada, the provincial legislatures though it may help others with the similar have entrusted to the legal profession through its governing bodies illness. responsibility for maintaining standards of professional conduct and for Law disciplining lawyers who fail to meet them. Generally, the preparation and The purpose of the legal sector is to uphold publication of codes of ethics and the law. It is based upon the terminal value professional conduct have been left to of a just and ordered society. Instrumental the profession. It is a responsibility that values include respect for the law, judicial must be accepted and carried out by the profession as a whole. process, and various rights and freedoms. ( As such it is fundamentally a duty-based /code_of_conduct/preface.htm) sector. The means to accomplish this purpose is full knowledge of the law The legal profession, like that of the health through the educational requirements for all care sector, is bound by professional members of this sector from politicians to obligation to be aware of and to adhere to judges, lawyers, and police officers. their particular code of conduct. While However, the extent to which ethics is a ethics education is inconsistent across the mandatory aspect of the legal profession’s country, there is a firm expectation that educational curriculum varies from province ethical conduct is demonstrated and to province and university to university unethical behaviour is reason to be (Law Society of Saskatchewan, personal disbarred from the profession. The communication, February, 2003). effectiveness of the Law Society’s code or of any particular law school’s Just Society Uphold the Law Means-Oriented Ethics Codes inclusion of ethics in the legal (Terminal Value) (Purpose) (Ethical Strategy) curriculum is unknown. However, there is certainty that Specific ethical codes of conduct operate as lawyers are aware of their obligations to secondary sources of guidance (Backof and know and understand their Code of Martin, 1991). For example, the National Professional Conduct. Council of the Canadian Bar Association has its Code of Professional Conduct (1987) An additional and effective resource for that outlines a variety of obligations of lawyers is to send written briefs of ethical lawyers, such as, Integrity, Competence and dilemmas to the law society’s various Quality of Service, Advising Clients, Confidential publications and request other lawyers to respond and give guidance. For example, 68 Understanding the Nature of Ethics, Values and Purposes
  11. 11. the Law Society of Saskatchewan publishes Ethics in the legal sector is critical yet the Bencher’s Digest that provides lawyers appears to be perceived as an implicit with the opportunity to open debate and assumption that need not go on beyond receive advice based upon the law and on knowledge of the Code of Conduct. In the professional code of conduct on a other words, because lawyers are trained in variety of ethical issues in its Ethics Rulings the fundamental principle of justice, they are section.9 arguably trained in ethics and no further educational requirements that focus Under the heading “Ethics Rulings”, case specifically on ethics are necessary. Unlike studies are presented (facts) and rulings by business, the legal profession’s terminal the Ethics Committee are given (rulings). value is justice, which involves a strong The following is an example taken from the focus on means-oriented ethics. This may January 2003 issue of Bencher’s Digest: explain why there appears to be less Chapter XIV-“Advertising, Solicitation emphasis on using strategies such as ethical and Making Legal Services Available” – decision-making models to enhance ethical Advertising Cumulative Years of conduct in this sector. Experience – December 2002. Facts: Summary A member inquired as to lawyers advertising Ethics can be perceived from three “cumulative” years of experience among lawyers fundamental perspectives with emphasis on in an office. the ends, the means, and on the individual’s Ruling: freedom and responsibility. Why we behave The Committee is of the opinion that it could be in any one (or more) of these three misleading to the public to advertise that several perspectives is based upon what we value. members of a firm have 50 years of experience, What we value establishes our more particularly when it seems to indicate that the immediate purposes individually and members of the firm each have 50 years of organizationally. In this very brief overview experience in the Supreme Court of Canada… of three distinct sectors in our society The Committee would like to advise the membership that this type of advertisement (business, health, and law), it was shown could indeed be misleading, that this practice is that the nature of values and purposes differ not condoned by the Law Society of dramatically from one sector to another. As Saskatchewan, and that members should not do a function of these differences, there is this in future advertisements. variation in the manner by which ethical ( conduct is enhanced and maintained. The k/mPublications/publications.htm ) ends-oriented business realm relies on ethical decision-making models in order for individuals to respond to ethical dilemmas 9 Interestingly, the Canadian Centre for Ethics in as specific situations arise; it employs codes Sport (CCES) is currently operating in a similar of ethics to a lesser extent because of the manner with its Ethical Issues Review Panel. lack of “professional accreditation” across The Sport We Want 69
  12. 12. this sector. Health and law, by virtue of same question asked of sport reveals a much their professionalization, rely heavily on more complex and even explosive response. codes of ethics and provide, to a greater or In a similar sense that we become confused lesser extent, educational opportunities that about the definition and purpose of art or ensure members of the professions are time, sport elicits an array of possibilities. aware of and understand the code. These When asked what the concept of time was, means-oriented professions demand St. Augustine is to have replied, “If I am not adherence to profession-specific guidelines asked, I know; if I am asked, I know not” (Kennick, 1965, p. 4). To get to the root of ‘What is sport?’, the purpose of community-based hockey has nothing it is necessary to clarify what to do with profit – its purposes and values are sub-sector of sport is at issue much more complex and ill defined because, despite the commonality of the game or that are self-sanctioning and self-defining. activity played, there may be In considering the apparent linkage between precious little similarity of purpose and values, purposes, and ethics in the business, value among these sub-sectors. For health, and law sectors, the questions example, the purpose of professional explored in the final section of this paper hockey is to make a profit for the are: shareholder by providing entertainment for ticket purchasers; its value is economic What is the purpose of community sport? wealth – it is a business. In contrast, the Upon what value is this purpose based? purpose of community-based hockey has nothing to do with profit – its purposes and Can the ethics strategy for community sport values are much more complex and ill be borrowed from other sectors, or must it defined. Consequently, the means to instil be rooted in its own values and purposes? ethical behaviour in community-based sport is also ill defined. Further, importing a Relevance and Application to business, health care, or legal strategy to Sport: So What? enhance ethical behaviour in sport may be not only unrelated but also and ultimately From the foregoing, it should be evident ineffective. that the purposes and values of various sectors seem to correlate with the Sport and Codes of Ethics approaches taken to guide and/or enforce ethical behaviour. Determining the The application of codes of ethics to sport purposes and values (instrumental and would not be a new strategy as they have terminal) of business, health, or law appears existed for quite some time in a variety of to be a relatively simple exercise and may sport contexts, from administration to meet with little or no debate. However the coaching at the local and national level (e.g., the Code of Ethics for the Canadian 70 Understanding the Nature of Ethics, Values and Purposes
  13. 13. Association for Health, Physical Education, well as various micro and macro variables Recreation, and Dance [CAHPERD], and that influence a seven stage decision-making the Canadian Professional Coaches Code of process. While these models and those Ethics). While, the form and content of developed in other contexts (e.g., business) these codes vary dramatically, the similarity may be helpful for ethical decision-making among all is that they are not enforceable. in sport, they are ethics tools that only work They act as guidelines only because, similar if utilized by an individual or by an to the business sector, there is no organization insisting on certain ethical professional association to which all belong. protocols for decisions. This is not to suggest that therefore codes in sport do not serve a useful function. It does Ethics Education point out that, unlike codes in the legal and Whether we are dealing with the health sectors, sport codes lack the power to communication of ethical admit individuals to a codes to the membership or profession and the power to encouraging them to employ sanction those who fail to various decision-making abide by the strategies in order to make organization’s/profession’s better ethical choices, we are standards of conduct. talking about ethics education. It is here that the emphasis Ethical Models needs to be placed if we wish The application of models of to enhance the climate and the ethical decision-making to the outcomes of sport at all levels, sport context in general would not the least of which is be a positive step to assist community sport. individuals in making better Having said this though, ethics choices. Most of the models education in sport is rare at that have been developed in the business the curriculum level in universities (e.g., context could be adapted to suit a variety of 25% of Canadian universities offer ethics sport situations and be extremely helpful in courses [Malloy, 1992]) and equally atypical providing a wider scope of variables to at the volunteer level. For example, the consider than the usual “bottom-line”. National Coaching Certification Program Currently, there are few models of ethical (NCCP) offers Leadership and Ethics as decision-making developed in sport one of 20 modules in its level 4/5 of contexts. Zeigler’s (1984) triple play certification. However, there is no approach is perhaps the first attempt to mandatory component in levels 1 through 3 provide theoretical guidance using concepts – the levels of community sport. The core from Mill, Kant, and Aristotle. Malloy et al. value (as demonstrated through action) of (2003) developed a model that includes the NCCP is coaching skill and not moral philosophical and psychological theory, as The Sport We Want 71
  14. 14. development through sport at these lower instrumental, what does it lead to? If it is levels. If moral development was a core terminal, then the maligned belief that one value, then it would be a required part of must win at all costs seems to be justified. the curricula for each and every level of Is our dilemma in sport the result of a lack certification. The outcome then is that the of recognition of the terminal values in development of skill to compete is well in sport and an overemphasis on instrumental hand at the community level as a function ones? Is it that we are not thinking through of NCCP while the development of the skill the phenomenon of sport to its logical and to teach ethical conduct in and through final outcome? Are we stuck in the mire of sport is untapped by volunteer coaches and intermediate values and thus unable to by graduates of our sport-related academic appreciate the real good of sport? Until we institutions (i.e., faculties of kinesiology). can identify what the terminal value or real good of community sport is, we cannot Employing codes of ethics, models of develop codes, models, or educational ethical decision-making, and ethics strategies. Aristotle (1992) stated this clearly education generally in sport is a positive in the following: “Will not the knowledge of initiative. However, these strategies need to it [the good], then, have great influence on be designed with values and purposes in life? Shall we not, like archers who have a mind in order for them to be maximally mark to aim at, be more likely to hit upon effective. Discussing ethical theory or what is right?” (p.328). developing ethical codes is worthy of intellectual challenge, but impractical if not guided by specific values and directed to Conclusion particular contexts (i.e., community sport). Values, purposes, and ethical strategies differ in all sectors of society to a greater or Instrumental and Terminal Values of lesser extent. The key to ethical success in Community Sport. the business, health, and law sectors has Clearly there are numerous core, intended, been in the linkage, interdependence, and adopted, and weak values in sport and these compatibility of these three variables. Sport, have been discussed in various forums for as discussed above, is a very complex decades (e.g., Blackhurst, Schneider, and phenomenon and the identification of Strachan, 1991; Davis, 1961; Decima, 2002; values and purposes is a difficult task. Holland and Davis, 1965; Williams, 1932; However, if the leaders in community sport Zeigler, 1964). Perhaps where the wish to enhance the ethical climate, great confusion lies is the clarification and/or care must be taken to uncover the values of recognition of what values are instrumental this sub-sector of sport and to identify and and what are terminal or as Aristotle (1992) distinguish the instrumental from the termed, the real versus the apparent good. terminal and the core from the intended, For example, is the value of winning an adopted, and weak values. Just as instrumental or a terminal value? If it is community sport differs from the business, 72 Understanding the Nature of Ethics, Values and Purposes
  15. 15. health and law sectors as well as elite and this work for the community. Every parent professional sport sub-sectors in its involved in this community of sport has the instrumental and terminal values and ability and the responsibility to consider, purposes, there are unique aspects within philosophize, and express what they believe each individual community sport setting. should be the value, purpose, and the ethical For example, the demands of inner city climate of the sports in which their children youth sport programs in Montreal and participate. Halifax will differ from programming on a When identified, the core instrumental and First Nation’s reserve in Alberta. Each terminal values of sport need to be given community therefore must be able to public recognition and public commitments. explore what it values, whether these are These values then must become part of the instrumental or terminal, and then be able natural day-to-day policy development and to develop the means through which ethical decision-making processes of community behaviour in sport can be fostered based on sport programming, aims, and objectives. these values. This requires community In addition, the messages communicated to sport leaders to perform value audits of the athlete/child must be consistent with their particular context. Once this is and support these values. accomplished, then, and only then, can they begin the task of developing codes of ethics for players, coaches, and volunteers, as well as ethics educational programs that include appropriate models of ethical decision- making (incorporating duty-, consequence-, or freedom/responsibility-oriented ethical approaches). Figure 3 provides one strategy that could be used by community leaders to identify and link the appropriate values, purposes, and ethics of community sport. The first steps involve establishing the core instrumental and terminal values of community sport. Unlike other sectors in which these values are relatively clear, leaders in community sport must take the time and considerable effort to reflect deeply upon the ultimate reasons for the existence of community sport. While this reflection is intellectually challenging, it should not be left exclusively to the philosopher or the academic to do The Sport We Want 73
  16. 16. Phase I: Value Audit (what do we value and why?) 1. Identify the values of community sport that actually translate into behaviour • Example, to develop respect for others. 2. Distinguish between core, intended, adopted, and weak values. • Respect is a core value if it will be acted upon regardless of the circumstance. Respect is an intended value if it is used generally yet may be overlooked based upon circumstance; Respect is an adopted value if it is used only when required by the Association; Respect is a weak value if it is spoken yet not acted upon. 3. Among the core values, identify which are instrumental and which, if any, are terminal. • Respect is one of the terminal values that will be pursued when sport is used as a means through which respect is achieved. • An example of an instrumental value leading to the terminal value of Respect could be “Do Not Criticize the Referee”. 4. If terminal values are not identified in stage 3, then the committee must explore what their ultimate end for participants in community sport ought to be. Once this is accomplished, it is possible to begin phase II. Phase II: Articulating Values and Claiming Purpose (what is our purpose based upon our values?) 1. In this phase values are described in detail and are presented publicly as value statements to the stakeholders in the community for discussion, debate, and consensus. • Example of a Value Statement for Respect: The Community Sport Association will foster an environment in which each individual will be encouraged to treat coaches, referees, parents and players with respect. 2. The statements need to be operationalized and institutionalized by developing “action” (behaviour) statements for all stakeholders in the Association. • Example of an Action/Behaviour Statement for Respect: Referees will be educated, trained, and given the jurisdiction to assign penalties/fouls for behaviours that are deemed to be disrespectful to players, coaches, referees, and parents. 3. This phase concludes with evidence of the values actually being incorporated into the regular decision-making process. In some cases the value set may act as a screen through which all decisions must pass if they are to be approved and acted upon. • The set of terminal values and the accompanying action/behaviour statements are formally written in the by- laws of the Association. The Association now becomes accountable to the public to provide a learning environment in sport through which terminal values, such as, respect, are developed and enforced. Phase III: Values and Ethics Strategy (how should we behave?) 1. In the final phase, the association develops an ethics curriculum for coaches, volunteers, officials, parents, and players that describe the values of the community sport association and how they are to be incorporated in all activities from planning to playing. 2. This ethics curriculum will include the value statements and how they can be employed in the various activities of community sport. 3. Ethical decision-making models can also be developed with the values of the Association as foundational elements to consider in the decision-making process. 4. While sanctions may be difficult for a variety of reasons, the Association can make a concerted effort to publicly reward behaviour that demonstrates the values statement in action. The public relations around these awards must be such that members of the community hold them in high regard suited to the stature and esteem of the accomplishment of core values. Without careful planning around the presentation/marketing of these awards, there is danger of them becoming platitudinous. 5. As part of the educational development of players it must be made clear that the goals for the involvement in community sport are ultimately the terminal values identified in Phase I. Therefore, the focus of concern cannot end at how a particular athlete played in a game or in a season, but a constant inquiry of what the athlete got out of his or her involvement in the sport. Figure 3. Values and ethics strategy for community sport 74 Understanding the Nature of Ethics, Values and Purposes
  17. 17. References Davis, E.C. (1961). The philosophic process in physical education. Philadelphia: Lea and Aristotle (1992). Nichomachean Ethics Febiger. (W.D. Ross, Trans.). In R. McKeon (Ed.) Introduction to Aristotle (pp. 319-579). New Dean, P.J. (1992). Making codes of ethics York: The Modern Library. “real”. Journal of Business Ethics, 11, 285-601. Au, A.K.M. and Wong, D.S.N. (2000). The Decima. (2002). 2002 Canadian Public Opinion impact of Guanxi on the ethical decision- Survey on Youth and Sport. Ottawa, Author. making process of auditors – An Fisher, J., Gunz, S., and McCutcheon, J. exploratory study on Chinese CPAs in (2001). Private/public interest and the Hong Kong. Journal of Business Ethics, 28, 87- enforcement of a code of professional 93. conduct. Journal of Business Ethics, 31, 191- Backof, J.F. and Martin, C.L. (1991). 207. Historical perspectives: Development of the Fritzsche, D.J. (1997). Business ethics: A codes of ethics in the legal, medical and global and managerial perspective. New accounting professions. Journal of Business York: The McGraw-Hill Companies, Inc. Ethics, 10, 99-110. Gaumnitz, B.R. and Lere, J.C. (2002). Bencher’s Digest.(2003) Regina: Law Contents of codes of ethics of professional Society of Saskatchewan. business organizations in the United States. Journal of Business Ethics, 35, 35-49. Blackhurst, M., Schneider, A., Strachan, D. (1991).Values and ethics in amateur sport. Hadjistavropoulos, T. Malloy, D.C., Ottawa: Fitness and Amateur Sport, Douaud, P., and Smythe, W.E. (2002). Government of Canada. Ethical orientation, functional linguistics, and the code of ethics of the Canadian Canadian Nursing Association (1997). Nurses Association and the Canadian Everyday Ethics: Putting the code into practice. Medical Association. Canadian Journal of Ottawa: Author. Nursing Research, 34(2), 35-51. Canadian Psychological Association (2000). Hadjistavropoulos, T. and Malloy, D.C. Canadian Code of Ethics for Psychologists. (1999). Ethical principles of the American Ottawa: Author. Retrieved February 4, 2001 Psychological Association: An argument for from the World Wide Web: philosophical and practical ranking. Ethics and Behavior, 9(2), 127-140. Chandler, T.J.L. (1986). Building and Hitt, W.D. (1990). Ethics and leadership: displaying character through sport, and Putting theory into practice. Columbus: striving to win in sport: Values at odds or in Battelle Press. concert?. In S. Ross and L. Charette (Eds.) Persons, minds, and bodies (pp.161-169). North Hodgkinson, C. (1983). The philosophy of York: University Press Canada. leadership. Oxford: Basil Blackwell. The Sport We Want 75
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  19. 19. Appendix A into conflict. For example, if an individual has a duty to be honest as a function of his Ethics. or her commitment to the Bible, and then is asked to commit a “good” foul in a The focus of ethics is on what we ought to do basketball game or to pad a budget, how is in a particular situation as well as how we this to be reconciled? More often than not, ought to live our life in general. The answers we don’t perceive this to be a conflict to these questions are far from simple and because our behaviour is rarely examined in demand considerable reflection. This terms of our ethical duties but rather in reflection, however, is not the exclusive terms of outcomes or consequences. domain of philosophers. Rather, it is the responsibility of each and everyone to Ethical Consequences. This dimension is less consider the ethical duty and consequences of concerned with the means of action (i.e., their behaviour and ultimately how they duty) than it is with the ends or outcomes of ought to live their lives. These behaviour. From this perspective we judge responsibilities form the groundwork for an act as being good if it accomplishes the the assessment of any action in sport and desired aim (the ends justify the means). elsewhere. In this section, three approaches Usually we judge the goodness of this to ethical behaviour will be briefly discussed outcome by how many people it benefits – (see Figure 1 in Section I). the greatest good for the greatest number is the general rule for this ethical approach. Ethical Duty. This dimension looks toward The problem of course arises when the what a person perceives as his or her duty to means to this desired end comes into act in a particular manner. This duty can be conflict with our sense of duty. For expressed in terms of one’s multiple example, during the 1972 Canada Cup series commitments to a team, to one’s family and with the Soviet Union, the end Canada friends, to society, to humanity, to the sought was to win the series and ecology, to one’s faith, etc. Most often duty demonstrate Canada’s hockey supremacy. is translated into codes of conduct or While we did manage to win this series and principles that we follow as a function of bolster our Canadian patriotism (the end being members of a particular group or was achieved), we still cringe collectively groups. Joining a team or any organisation when we think of Bobby Clarke slashing of people, in good faith, assumes that the and breaking the ankle (thereby becoming a individual intends (i.e., accepts the means to his ends) of his Russian opponent responsibility) to follow the rules. The key Valerie Kharlamov. to this approach is reflecting upon what one perceives as one’s duty and then committing While these two approaches represent to abide by it. As part of the personal opposite ends of the continuum (i.e., means reflection of duty, the individual must versus ends), they need not be considered as consider to what extent other duties, as a mutually exclusive when ethical decision result of multiple memberships, may come making is required. We can do our duty and The Sport We Want 77
  20. 20. strive to accomplish goals. The key is being intend to walk to work everyday, however, able to define and defend our sense of duty when it is -36 C, I will drive my car. and the terminal values of sport. Adopted values are those that the individual adopts as a function of the pressure to Ethical Freedom and Responsibility. This third conform to a societal or organizational perspective focuses less on the externally norm. They are adopted yet not necessarily imposed duty or on the perceived outcome internalized (i.e., they are not core values). I of behaviour but rather upon the extent to may say I hold a particular value and I may which an individual acknowledges his or her even act on this value, however, outside the freedom to choose a course of action and group or organisation, I will not base my the responsibility he or she must take for all behaviour on this particular value. Finally of their decisions. The primary goal of this weak values are those that I say I value, yet ethical perspective is being responsible and these values never translate into action. For developing as an individual as opposed to example, a sport administrator may suggest allowing responsibility to dissipate through that he or she values grass root sport the crowd or the herd mentality. programming; yet when budgets are developed, he or she directs the majority of Values. funding to elite programmes. Therefore, Ethics assists us in determining what we that which is truly valued – the one having a ought to do. Values, on the other hand, motivating force – is the elite and not the provide us with the background to developmental programme. In this example, understand why we do what we do. While many elite sport could be a core, intended, or definitions of values exist, one of the most adopted value, while developmental sport is concise and powerful is the following: “A a weak value. value is a concept of the desirable with a One last important item for consideration is motivating force” (Hodgkinson, 1983, p.36). the extent to which a value is instrumental to This definition implies that behaviour is a another value or if the value is terminal or an direct result of what we value because a end in itself. If, for example, I value fitness value has a “motivating force”. This as an instrumental value, it must therefore obviously appeals to those values that we lead to a terminal value or to another actually hold as opposed to ones that we say instrumental value, such as a long and we hold or would like to hold but then fail healthy life. A second example would be to act upon them. Values that we actually parents valuing teamwork in sport hold are often termed core values – as (instrumental) because it leads to the opposed to intended, adopted, and weak development of social interaction skills values. Core values are the values that lead necessary for their child to be successful in to action regardless of the circumstance. her or his future career (instrumental) which Intended values are those that we intend to in turn leads to a happier life generally hold, yet these may be influenced by (terminal). external variables. For example, I may 78 Understanding the Nature of Ethics, Values and Purposes
  21. 21. Ethics and values are tied together that,’ said the Cat, ‘as long as you walk long intimately. If what I ought to do is a core enough.’ (p. 30) value, then presumably I will do it. If it is If we lack clarity on the values and an intended or adopted value then I may do purpose(s) of community sport, then we it. If I know what I ought to do, and this have little hope of setting its direction for duty is a weak value, I probably won’t do it. the future. In other words, sport as a For example, if I know that ethically I medium for moral development will only should not play an injured athlete, yet I hold happen by chance when those rare this as a weak value and if I perceive individuals who see sport as more than winning as a core, intended, or adopted winning become involved. If we wish to value and the ethical treatment of athletes as take control of our own fate and explicitly a weak value, then I will play injured set a direction, we need to firmly establish athletes. the values and purposes of community sport (see Figure 2 in section I). Purpose What then is the purpose of community Purpose refers to what the organization sport? Upon what core value is it based? Is intends to do. Purpose clarifies it instrumental or terminal? If there is more organizational behaviour individually and than one core value and more than one collectively and is based upon what the purpose, how are we to reconcile their organization values, instrumentally and priority? These questions need to be terminally. The purpose of a school is to addressed in order to determine what teach because education is valued; the external strategies will suit community sport purpose of business is to make a profit and which ones cannot be imported. because economic wealth is valued and so on. Understanding the value behind the purpose is fundamental if one wants to set any strategic direction. Without this information, an organization is adrift and will move in the direction of each and every wave. A passage from Carroll’s (1974) Alice in Wonderland speaks clearly to this item: ‘Cheshire Cat,’ she began, rather shyly. ‘Would you tell me please, which way I should go from here?’ ‘That depends on where you want to get to,’ said the Cat. ‘I don’t care very much where,’ said Alice. ‘Then it doesn’t matter which way you go,’ said the Cat. ‘As long as I get somewhere,’ Alice explained. ‘Oh you are sure to do The Sport We Want 79