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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
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
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
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
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
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
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
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
(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
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.
                                                                                  (http://www.lawsociety.mb.ca/code_and_rules
                  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
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
    (http://www.lawsociety.sk.ca/NewLoo                  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
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
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
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
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
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




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76 Understanding the Nature of Ethics, Values and Purposes
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
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
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

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Nature Of Ethics

  • 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. 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. 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. 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. 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. 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. 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. 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. (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. 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. (http://www.lawsociety.mb.ca/code_and_rules 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. 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 (http://www.lawsociety.sk.ca/NewLoo 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. 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. 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. 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. 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. 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
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  • 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. 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. 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