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1 Classical Ethics for the Property Professional BY DAVID MAYFIELD, CPPM, LAND OF ENCHANTMENT CHAPTER. ARISTOTLE Most of us have enjoyed the experience of being called out of our work routine to sit and absorb a briefing or video entitled Our Code of Ethics, or something similar. The briefing usually lasts twenty minutes or so, after which we sign an attendance sheet, receive some sort of card as a reminder, and then merrily go about our business, considering ourselves to be ethical for at least one more year. The truth is, most of these programs are geared toward reminding us that there are laws governing much of our behavior at the workplace, and that we should be aware of them and comply. Compliance is not a bad thing in itself, but what happens when you have to make a decision that isn t covered by some law, regulation, or company policy? What if the situation you happen to be in is covered by more than one of these, and they seem to be in contradiction to each other? This is when you have to fall back on your own ethical standards, and when a good foundation in ethical thought will prove its value. The philosophical study of ethics is concerned with fair, right and moral conduct of dealings among people. Human beings as a rule must interact with one another as a normal part of dayto-day living, therefore we are greeted every day, to one degree or another, by the necessity to make decisions with moral, ethical, and sometimes legal ramifications. As long as we have had communities, we have recognized that some people did business differently from others. There were varying degrees of fairness and openness in dealings. Some people held themselves to higher or lower standards of honesty in their dealings with others. From this observation early societies began to develop formal theories of moral and ethical behavior. While the formal language and logic of ethical study can sometimes seem unnecessarily contorted, the underlying principles have remained relatively constant for thousands of years. This is not to say that the practice of ethical behavior hasn t shifted, but that the basic ideals of moral and ethical behavior have remained as a surprisingly firm foundation. Aristotle ( BC) went a long way toward defining the basis of Western ethics: Every art and inquiry, and likewise every action and pursuit, is believed to be aimed at some good....ends differ to some extent among themselves: some are activities, others are products distinct from these;...products are more worth having than the activities i (Product is more important than process!). Aristotle s discussion of Good (desirable ends) led him to state that, simply put, human beings are to be considered an end in themselves. They should never, morally, be used as an unwilling means in another s pursuit of a desirable end. In continuing to define desirable ends for human pursuit, one of the major ends identified was also one of the most ethereal: Happiness. Aristotle linked work and human activity to Happiness. It is not the most beautiful or the strongest who are crowned, but those who compete (because it is from these latter the victors are drawn), so those who act are the rightful winners of the noble and good things in life. ii In plain American English, you can t win if you don t play the game. He also saw a correlation between virtue and happiness, stating Virtuous actions are by nature pleasant, and are therefore pleasant not only in themselves but also to lovers of what is noble. iii He saw virtuous action not only as an end in the matter of ethics and morality, but as an honorable means to the pursuit of the ultimate end of happiness. The introduction of the term virtue into his discourse NPMA 9

2 required further definition. To Aristotle, virtue could be either Intellectual or Moral. Intellectual virtue is the product of teaching. The acquisition of intellectual virtue requires time and experience. By the observation of various actions (means) and their resulting outcomes (ends) over time, a correlation can be made between those types of actions and their apparently natural consequences. Intellectual virtue would arise from that correlation. Moral virtue, on the other hand, is the fruit of habit. While Aristotle did not believe that moral virtue arose in human beings spontaneously (naturally), he did believe that humankind is naturally predisposed to receive the moral virtues, and then must perfect them by habit....we acquire the virtues by first practicing them, as in the case of the arts, too. It is by doing them that we first learn the things that have to be learned before they are done; for example, men become builders by building and harpers by harping. In the same way we become just by performing just acts and temperant by performing temperant acts, and brave by performing brave deeds. iv Virtue is also destroyed by practice, for it is by playing the harp that both good and bad harpists are produced. v Thus, by habitually making unethical or immoral choices, we become unethical or immoral. Since we have the power to choose our means, and the means will dictate not only the ultimate end but also the types of actions we will take to CICERO achieve that end, virtue and ethical behavior are ultimately choices. The effective practice of the moral virtues requires at least some degree of mastery of the intellectual virtues. Aristotle identified three of these as being of primary importance: Sound Deliberation The outcome of a situation is an important factor in the selection of both means and desired ends when faced with an ethical decision. Aristotle described sound deliberation as an intellectual virtue, by nature requiring time and experience to acquire. Sound deliberation requires knowledge of circumstances involved, conjectural skill, and the experience to be able to relate actions with long-range consequences. All of these attributes are acquired only through time and experience. The amount of time required to acquire the virtue of sound deliberation is highly subjective, as is the amount of time necessary to deliberate on any given situation by any individual. It would thus be a grave error to judge the quality of a person s deliberation based solely on that person s age (experience) or time taken in the deliberation process (i.e., not only do fools rush in, but there is no fool like an old fool). Understanding Understanding is the knowing of something well enough to predict its behavior in given circumstances. Understanding is not necessarily concerned with the unchangeable aspects of a situation (constants), nor does it demand a specific course of action. These traits of understanding may seem difficult to grasp, but on further consideration they are really self-evident. If components of a situation are constant, then their effect on the outcome will also be constant. Constants and their effects on outcomes can therefore be learned by rote, and no understanding of these factors is really necessary. Likewise, if a factor demands a specific course of action there is no real decision to be made in regard to it, and no understanding is required. It is enough to simply know of this factor and its accompanying requirements. Judgment Judgment is defined as the right discrimination of the equitable. Since ethics and morals have to do primarily with right and wrong, judgment is of prime importance. A strong argument can be made that this is the highest of the three intellectual virtues identified. Its attainment is only possible by means of the other two. It also serves as the link between the intellectual and moral virtues. It is only possible to act virtuously after one has discerned the equitable course of action. About two hundred years after Aristotle the philosopher Cicero wrote a letter to his somewhat wayward son, outlining moral responsibility. This letter (titled On Duties in compilations of Cicero s writings) described the moral obligations of honest business dealings. While a number of Cicero s personal beliefs on the moral obligations between parties in a business relationship are extremely idealistic, many of his precepts are worth mentioning. First of all, Cicero points out that the clash between what is right and what is advantageous is really only an illusion. Let us in this regard be settled: what is morally wrong can never be advantageous, even when it allows you to make some gain that you believe to be to your advan- 10 NPMA

tage. vi To gain materially, but in the act of gaining to damage our character, is a more serious overall loss. Cicero as much as defines ethical business conduct in a free market.

3 tage. vi To gain materially, but in the act of gaining to damage our character, is a more serious overall loss. Cicero as much as defines ethical business conduct in a free market. By his estimation the free market presupposes that buyers and sellers have equal, full and complete knowledge of what they are buying and selling. They are then making the transaction free of force and fraud. Either party, knowing what is to be exchanged in return for what, is then free to either accept or reject the terms of the exchange. vii ARISTOTLE Overview of Various Ethical Systems Having given ourselves a basis in classical ethics, we can now move on to more contemporary ethical topics. In his Introduction to Ethics, Robert Van Wyk introduces us to Relativism, Ethical Egoism, and Social Contract Ethics. Ethical relativism has two major identifying factors. First of all, it is a socially-based ethical system. The norms of society determine morality in any given situation. This would indicate that far from being absolute in the ideal, morality is a matter of consensus. If everybody does it (or at least most folks), then it must be ethical. Just to muddy the waters a little more, we must acknowledge that there is also an individual aspect to moral relativism. To a certain degree the theory of moral relativism regards ethics and morality as matters of personal taste. To quote Van Wyk, In general terms, moral relativism is the theory that various moral standards are equally valid or invalid, and there is no objective standard of right and wrong or good and evil that transcends the opinions of different individuals or different societies. viii Ethical Egoism is, quite simply, looking out for number one. This ethical system differs from relativism in that egoism completely disregards the relationship of the individual to society, if not disregarding the very existence of society. There are two forms of ethical egoism, generally referred to as the weak form and the strong form. The weak form of ethical egoism states that there is no duty to do anything that is not in one s own self interest. There is no positive duty to anyone other than self, whether the other is an individual or society as a whole. One has the option of acting or not acting, but no duty to anything outside of self. The strong version holds that not only does the individual not have a duty to act outside of self-interest, but that he has a positive duty to act in self-interest. If the pure egoist has an opportunity to gain from a particular action, then he must act. The natural extension of ethical egoism is anarchy, a sort of every-manfor-himself brawl in which the rules are made up as we go along. In any large, diverse group of individuals working solely for self-interest, many will be working to cross-purposes. This kind of environment is by nature not very productive. Avoiding this situation leads us into the realm of cooperation, or Social Contract Ethics. Again quoting Van Wyk, Human beings...have every reason to come to a mutual agreement on a set of rules by which they would restrain their passions in exchange for others doing so as well. ix This ethical system, while allowing for cooperation (or at least a benign non-interference), is only slightly better than the weak form of ethical egoism. There is still a noticeable lack of emphasis on positive duties, especially toward distant people, and little value placed on going above and beyond. In short, there is still no real reach for excellence outside of self-interest. There is still no moral standard outside of the rules of the social contract themselves. In order to begin examining what we normally think of when we use the terms morals and ethics, we will briefly touch on the moral philosophy of Immanuel Kant. Kant s moral philosophy is based on positive duties and the assumption that the moral philosophy of the West as influenced by Christianity is fundamentally correct. According to Kant, the problem isn t deciding what duty is, the problem is doing one s moral duty in spite of natural inclination. Among the tools given us under this ethical system is the categorical imperative. There are two primary elements of the categorical imperative that we use in judging situations. First, we must examine the situation to decide if there is some law or principle to which the action conforms that all other actions can conform. x Second, the action must be universal. No action, policy, or behavior which cannot be universalized can be considered morally right. xi To be universal, rules must apply to everyone (self and others) at all times. They must also avoid unfair advantages or disadvantages to any one person or group (self and others). It is this duty-based ethical system that finally calls us to respect others as part of our decision-making process. In Kant s own words: So act as to treat humanity, whether in your own person or that of any other, in every case as an NPMA 11

4 end withal, never as a means only. xii It is from our perception of duties that we formulate our own ethical systems. In the formal study of ethics there are two types of duties, Perfect and Imperfect. A perfect duty requires a specific course of action that must be taken or avoided with respect to a particular person or group, the violation of which would be considered not only bad but also wrong. xiii Perfect duties to others are really basic matters of respect. Do not lie, cheat, or steal from (do harm to) others unless it is permissible for them to indulge in the same behavior toward you. Perform no action toward another that violates the rule of universality - the Golden Rule in the language of formal Ethics. By extension, perfect duties to oneself would prohibit allowing oneself to be manipulated, abused, humiliated, or taken advantage of, basic self-respect issues. Once again, the rule of universality applies. Imperfect duties are basically prohibitive, the Thou Shalt Not s. These flow from a respect of individuals as rational and self-determining beings, beings with a right not to be harmed. Utilitarianism Utilitarianism is a school of ethical thought that has gained a great deal of ground in the modern era. Utilitarianism, as the name implies, emphasizes results. Self-interest results in support for rules, customs and laws that are of benefit to us as individuals. Sympathy drives us to support rules, customs and laws that are of benefit to others. Actions are then judged based on the best overall consequences. Utilitarianism has gained in popularity partly because it places the basis for morality in something tangible and important Pain vs. Pleasure. There is no need with this system to appeal to things the reality of which are open to doubt. While a sizable segment of the population can express doubt about the validity of an ethical system based on Christian principles, no segment can deny the existence of pain and pleasure. Utilitarianism takes into account sympathy as a cause for social morality. This acknowledges the value of others, and opens the door for exercising a positive duty to others. Utilitarianism is also consistent with the principle of universality. Since pleasure and pain are quantifiable, moral disputes and decisions can be made impartially, almost mathematically. CICERO So, why study Ethics? I m in Property! All of us (yes, even property people) are confronted daily with decisions that must be made, most of which will have at least some ethical elements. The study of Ethics is a tool that allows us to understand ethical issues. It allows us to see the ethical ramifications of a situation that may not be readily apparent. We can be aware of the ethical content of business decisions for which our organizations or we must ultimately take responsibility. Character is a vastly underrated element of doing business. The perception of our character by business associates has a direct relationship to our ability to make agreements, negotiate contracts, or plan any activity that requires the cooperation of others. The study of Ethics can be a very important tool in character development. While most of our character traits (habits and attitudes) are set early in life, they can be modified by reason, reflection and effort. While we actually don t gain or lose character traits, we can emphasize more desirable ones. A foundation in ethical and moral thought can assist us in evaluating our character, and in making modifications we believe to be desirable. There are a number of frameworks and guides for making ethical decisions. One such framework author refers to it as the Ethical Algorithm. xiv The four elements of the algorithm are: Goals: What do you want to achieve? Methods: How will you pursue your goal? Motives: What personal needs drive you to achieve? Consequences: What results (for yourself and others) can you anticipate? Another approach is put forward by Manuel Velasquez and Andre Claire of the Santa Clara University Center for Applied Ethics. Once we have ascertained the facts, we should ask ourselves five questions when trying to resolve a moral issue: What benefits and harms will each course of action produce, and which alternative will lead to the best overall consequences? What moral rights do the effected parties have, and which course of action best respects those rights? Which course of action treats everyone the same, except where there is a morally justifiable reason not to, and does not show favoritism or discrimination? Which course of action advances the common good? 12 NPMA

5 Which course of action develops moral virtues? This method, of course, does not provide an automatic solution to moral problems. The method is merely meant to help identify most of the important ethical considerations. In the end, we must deliberate on moral issues for ourselves, keeping an eye on both the facts and the ethical considerations involved. xv Federal regulations and laws, of course, largely govern our profession. That being the case, we must take the legal as well as the ethical aspects of a situation into consideration during our decision-making process. To help visualize the possible combinations of legal and ethical conditions, we can display them in a grid, as in figure 1. Legal/Ethical Illegal/Ethical Legal/Unethical Illegal/Unethical FIGURE 1 The goal is, of course, to operate in the upper left quadrant (legal/ethical). Avoiding the lower right quadrant is an excellent intermediate goal, because people who operate in the illegal/unethical quadrant will almost assuredly spend a considerable portion of their lives as wards of the state. It is in the two other quadrants that the rubber meets the road, ethically speaking. Do you make a decision that is perfectly legal, but is at odds with the rights and welfare of others? Do you choose to ignore a regulation when a technically proscribed course of action is of greater benefit to the parties involved? It is in these situations that we must return to our decision-making models, weigh the facts, and hopefully find it in ourselves to act for the higher Good. Ethics and the NPMA Culture One of the purposes of any professional organization is to establish a code of ethics to which all of its members adhere. The NPMA has published a nine-point description of the organizational culture of the association. This statement addresses many of the elements of the various ethical decision-making models, and can serve as the foundation from which a code of ethics can be established. Everyone is treated with respect. This statement passes the universality test, as well as being in compliance with most of the major ethical philosophers of history. People will be treated as self-determining individuals. People will be considered ends unto themselves, not as means to some other end. NPMA knows who it serves and understands their needs. Everyone understands the vision and priorities of NPMA. Boards and members work as partners to make the NPMA more customer-focused. All three of these address teamwork and unity in working toward a goal. The association systematically analyzes and improves its work processes. The association pays equal attention to long and short-range planning. This involves judgment and deliberation, being able to project the natural consequences of decisions made and actions taken today on our association in the future. Teamwork and innovation are encouraged. The goal of any educational organization is not just the dissemination of information, but the synthesis of new information from old principle, building on a body of knowledge. Innovation is what we are seeking, teamwork is how. Both of these are organizational values. Diversity is valued in the organization. Once again, the individual is valued as a person, not because they conform to some nebulous stereotype. Ideas are exchanged openly and information flows freely. The open and free exchange of information can be considered on of the cornerstones of ethical behavior. As our association continues to grow and evolve, we must make every effort to ensure that our membership holds itself to these principles. It is imperative that we, as an organization and as individuals, adhere closely to an ethical standard of professional behavior that is beyond reproach. It is only through such behavior that any person, association, or profession can gain and maintain the respect of others. DAVID MAYFIELD, CPPM has more than twenty years experience in property control and holds an honorary Doctorate of Divinity. When not actively engaged in thinking deep thoughts David is employed as a property administrator at Raytheon s White Sands Test Facility at White Sands Missile Range, New Mexico. David is a member of Land of Enchantment chapter. i Ethics: Aristotle, J.M. Dent and Sons, Aldine House, Albemarle Street, London, England, 1963,p 3 ii Ibid., p 15 iii Ibid. iv Ibid., p28 v Ibid., p29 vi Cicero: Collected Works, Penguin Classics, 177 vii Richards, Randy, Cicero and the Ethics of Honest Business Dealings, The Online Journal of Ethics, Institute for Business and Professional Ethics, DePaul University, 1997 viii Robert N. Van Wyk, Introduction to Ethics, St. Martin s Press, NY, NY ix Ibid., 70 x Ibid., 83 xi Ibid. xii Kant, The Fundamental Priciples of the Metaphysic of Morals, London, Kongman s Green, 1879 xiii Van Wyk, 81 xiv Henderson, Verne, What s Ethical in Business, McGraw-Hill, Inc., NY, NY 1992 xv Velasquez,Claire, Thinking Ethically: A framework for moral decision making. NPMA 13

Thinking Ethically: A Framework for Moral Decision Making

Thinking Ethically: A Framework for Moral Decision Making Developed by Manuel Velasquez, Claire Andre, Thomas Shanks, S.J., and Michael J. Meyer Moral issues greet us each morning in the newspaper, confront