The Role of Ethics in European Public Administration

By Enrico Calossi, PhD Pisa University

Definition of Ethics

• 1. (functioning as singular) the philosophical study of the moral value of human conduct and of the rules and principles that ought to govern it; moral philosophy

• 2. (functioning as plural) a social, religious, or civil code of behaviour considered correct, esp that of a particular group, profession, or individual

• 3. (functioning as plural) the moral fitness of a decision, course of action, etc.

Some aspects (1)• Amoralism: the state or quality of being without morality or of being

indifferent to moral standards. • Axiology: the branch of philosophy dealing with values, as those of ethics,

aesthetics, or religion.• Casuistry: a. the branch of ethics or theology that studies the relation of

general ethical principles to particular cases of conduct or conscience.b. a dishonest or application of such principles.

• Deontology: the branch of philosophy concerned with ethics, especially that branch dealing with duty, moral obligation, and right action.

• eudemonism, eudaemonism, eudemonics: the ethical doctrine that the basis of morality lies in the tendency of right actions to produce happiness, especially in a life governed by reason rather than pleasure.

Some aspects (2)• Metaethics: a branch of philosophy concerned with the foundations

of ethics and especially with the definition of ethical terms and the nature of moral discourse.

• Moralism: the practice of morality, as distinct from religion• Sensualism: the doctrine that the good is to be judged only by or

through the gratification of the senses. Also called sensationalism.• Synteresis: the belief or doctrine that the conscience is the

repository of the laws of right and wrong. • Utilitarianism: the ethical doctrine that virtue is based upon utility

and that behavior should have as its goal the procurement of the greatest happiness for the greatest number of persons.

• Let’s try to summarize:

Ethics: a system of norms and values that characterize a good behaviour

Difference between “what is legal” and “what is right”

• I am the Lord your God, you shall have no other gods before me, you shall not make for yourself an idol

• You shall not make wrongful use of the name of your God• Remember the Sabbath and keep it holy• Honor your father and mother• You shall not murder• You shall not commit adultery• You shall not steal• You shall not bear false witness against your neighbor• You shall not covet your neighbor's wife• You shall not covet anything that belongs to your neighbor

Ten commandaments

Three kinds of power legitimacy

1. Tradition2. Charisma3. ????? 3. State Rational - Legal

Source of ethic values in modern societies?

Role of Constitutions

1. Fraud

• Definition: In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual.

• Elements of fraud: a representation of an existing fact;its falsity;the speaker's knowledge of its falsity;the speaker's intent that it shall be acted upon by the plaintiff;plaintiff's ignorance of its falsity;plaintiff's reliance on the truth of the representation;consequent damages suffered by plaintiff.

1. Fraud (kinds of)

• benefit fraud, committing fraud to get government benefits

• counterfeiting of documents • charlatanism• embezzlement, taking money which one has been entrusted with

on behalf of another party• false advertising• forgery of documents or signatures,• fraud upon the court• health fraud, for example selling of products known not to

be effective, such as quack medicines,• identity theft and selling

2. Abuse of Power

• Improper use of authority by someone who has that authority because he or she holds a public office.

• Exs:too many controls, request of documents

without any reason, inpoliteness, etc…

3. Conflict of Interests

definition: it occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other.

3. Conflict of Interests (kinds of)• Self-dealing, in which an official who controls an organization causes it to enter

into a transaction with the official, or with another organization that benefits the official. The official is on both sides of the "deal.“ Outside employment, in which the interests of one job contradict another,

• Family interests, in which some close relative are employed (or applies for employment) or where goods or services are purchased from these relatives or a firm controlled by a relative. For this reason, many employment applications ask if one is related to a current employee. If this is the case, the relative could then recuse from any hiring decisions. Nepotism.

• Gifts from friends who also do business with the person receiving the gifts. (Such gifts may include non-tangible things of value such as transportation and lodging.)

• Pump and dump, in which a stock broker which owns a security artificially inflates the price by "upgrading" it or spreading rumors, sells the security and adds short position, then "downgrade" the security or spread negative rumors to push the price down.

4. Sexual harrassment

Definition: it is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors

4. Sexual harrassment (elements of) (2)• The harasser can be anyone, such as a client, a co-

worker, a teacher or professor, a student, a friend, or a stranger.

• The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it.

• While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful.

• The victim can be any gender. The harasser can be any gender.

• The harasser does not have to be of the opposite sex.

4. Sexual harrassment (elements of) (3)

• The harasser may be completely unaware that his or her behavior is offensive or constitutes sexual harassment or may be completely unaware that his or her actions could be unlawful.

• Misunderstanding between Female-Male Communication: It can result from a situation where one thinks he/she is making themselves clear, but is not understood the way they intended. The misunderstanding can either be reasonable or unreasonable. An example of unreasonable is when a man holds a certain stereotypical view of a woman such that he did not understand the woman’s explicit message to stop.

5. CorruptionDefinition: it is the use of legislated powers by

government officials for illegitimate private gain

Kinds of: • Bribery• Extortion• Trading in influence• Patronage• Nepotism and cronyism• Electoral fraud• Embezzlement• Unholy alliance• Involvement in organized crime

Ethical vices in public administration

• Fraud• Abuse of power• Conflict of Interests• Sexual harrassment• Corruption