Module 2 Methods of Ethical AnalysisApplication of Ethical Theo.docx
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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76 Understanding the Nature of Ethics, Values and Purposes
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