Two main approaches to maintaining ethical conduct
Internal
External
Two main forms of external controls used by the public:
Ethics legislation
Codes of ethics
Ethics legislation
The legislation establishes the moral minimum behavior for individuals
Pros of Ethics legislation
1. The administration of the public’s will must be rooted in law
The range of decisions and discretion should be constrained by the will of the people expressed in the law by elected officials
Ethics legislation provide these broad constraints within which the ethical conflicts and dilemmas that public officials faced are to be resolved
2. Ethics laws provides sanctions for public servants caught stepping outside the limits established by the citizens
Fines, prison sentences and administrative penalties for misconduct ways of establishing the sovereign rights of the people to require that their will be done
Legal sanctions keeps the public official in line with the citizen’s will rather than guided by self-interest and greed
3. Provides a lesson for public officials on what they must not do
Cons of Ethics legislation
1. Lacking specific reference to a particular situation
Interpretation of the law for particular situations is problematic and depends on precedents set by previous cases and knowledge
Well-intentioned public servants may misinterpret the law
The law never addresses itself to the concrete case
2. Ethics legislation difficult to enforce
There are loopholes
Difficult to obtain hard evidence
Reluctant to report misbehaved fellow employees
The result is a disrespect of the law in general
3. Enforcing legislation erodes morale
When legislation details etc, are enforced, employees become frustrated as they are not able to use discretion
Generates a suspicious atmosphere and creates “big brotherism”
Creativity and risk taking diminished
Codes of professional