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Character, Virtue, and Self-interest in the Ethics of
the Professions
Excerpts from the Second Annual Jack W. Provonsha Lecture
By Edmund D. Pellegrino, MD, Director, Center for the Advanced Study
of Ethics, and John Carroll, Professor of Medicine and Medical Humanities,
Georgetown University, Washington, D.C.
February 15, 1989
The professions today are afflicted with a species of moral malaise that
may prove fatal to their moral identities and perilous to our whole society
as well. This malaise is manifest in a growing conviction even among conscientious
doctors, lawyers and ministers that it is no longer possible to practice
their professions within traditional ethical constraints. More specifically,
the belief is taking hold that unless he looks out for his own self interest,
the professional will be crushed by the forces of commercialization, competition,
government regulations, malpractice, advertising, public and media hostility
and a host of other inimical socioeconomic forces.
This line of reasoning leads to the conclusion that the self-interest
of the professional justifies the compromises in, and even the rejection
of, obligations imposed by traditional concepts of professional ethics.
I take strong exception to this line of reasoning both in its foundations
and in its conclusions. I argue to the contrary: 1) that what deficiencies
there are in professional morality are, as they have always been, deficiencies
in character and virtue, 2) that a firm philosophical foundation exists
for altruism and fidelity to trust in the ethics of the professions, 3)
that professional ethics must at times be independent of conventional
morality, and 4) that the professions are moral communities with enormous
moral power which, properly used, can sustain the moral integrity of the
practitioner and the professions. Moreover, if they use their moral power
well, the professions can become paradigms of disinterested service that
can raise the level of conventional morality.
This is an ambitious set of assertions. To speak of character and virtue
in today's moral climate is to be suspected of sanctimoniousness or hypocrisy.
We must admit that the concepts of virtue and character are two of the
oldest and slipperiest in moral philosophy. Also, the proper place of
self-interest in virtue ethics has never been satisfactorily settled.
Finally, we still lack a coherent moral philosophy of the professions
in which to locate the concepts of character, altruism and self-interest
and to define the relationships between them. These difficulties not withstanding,
we cannot avoid engagement with what I take to be the central crisis in
the professions today -- the confusion about who and what we are, and
what we should be.
Each of our professions has its own list of morally questionable practices
that its members would justify on the grounds of threatened self-interest.
All such practices have three features in common: First, they are based
on the use of privilege and power for the personal gain of the professional.
Second, they reflect a failure to take certain risks required for the
well being of those whom the profession serves. Finally, in the case of
both of these features, justification is sought on the grounds of legitimate
self-interest. It is my conviction that these practices and the justification
sought for them derive from the de-emphasis on character and virtue in
the three professions we are examining.
In what follows, I examine three questions about the current moral malaise
of the professions: 1) What are the reasons for the erosion of virtue
ethics and the moral legitimation of self-interest in the ethics of the
professions? 2) Is there a philosophical basis for restoring virtue ethics
to the professions? 3) What are the practical and theoretical implications
of such a return of virtue ethics?
Despite numerous efforts since then, no one has improved on Aristotle's
imperfect, but still useful, definition of virtue. Aristotle identifies
moral virtues as states of character, by which he means "...the things
in virtue of which we stand well or badly with reference to the passions."(1)
Virtue is a particular state of character, one which "...both brings into
good condition the thing of which it is the excellence and makes the work
of that thing be done well."(2) And further, "the virtue of a man also
will be the state of character which makes a man good and which makes
him do his work well."(3)
By "ethics of the professions," I do not mean the norms actually followed
by professionals, or the professional codes they espouse, but rather the
moral obligations deducible from the kinds of activity in which they are
engaged. The ethics of the professions, therefore, consists in a rational
and systematic ordering of the principles, rules, duties and virtues intrinsic
to achieving the ends to which a profession is dedicated. This is the
"internal morality" of a profession.(4)
"Self-interest", too, has several meanings. There is a legitimate self-interest
which pertains to the duties we owe to ourselves -- duties which guard
health, life, some measure of material well-being, the good of our families,
friends, etc.(5)
Given the nature of professional relationships, some degree of effacement
of self-interest -- which I shall take to mean the same as beneficent
altruism -- is morally obligatory for health professionals.
What Accounts for the Erosion of Virtue and the Rise of Self-interest?
Let me turn now to the first of my three questions: What accounts for
the erosion of virtue ethics? I would select four factors: a) the unresolved
conceptual tension between virtue and self-interest, b) the conceptual
difficulties of virtue ethics itself, c) the modern turn in ethics from
the character of the moral agent to the resolution of dilemmas, and d)
the shift in economic and political values in the last decade.
The tension between self-interest and virtue was recognized at the beginning
of western moral philosophy. Plato has Socrates confront this dilemma
in the Republic when Thrasymachus asserts that "justice is nothing but
the interest of the stronger."(6) Glaucon for his part contends that man
by nature pursues self-interest and is deflected only by law -- an idea
also advanced by other ethical "relativists" like Thucydides and Gorgias.
Callicles goes further and insists that virtue consists in acting selfishly
and tyrannically. W. K. C. Guthrie shows how persistent the idea of self-interest
and self love was in the thought of the Sophists.(7)
Aristotle too had difficulties with the reality of self-interest and its
reconciliation with his doctrine of moral virtue. He asks if one should
love one's self primarily, or one's neighbor.(8) At one point, he tries
to show, like so many philosophers after, that acting to benefit others
contributes to happiness and therefore is in one's own self-interest.(9)
But this is a weak argument because Aristotle also asserts that the truly
virtuous person ought to practice altruism for its own sake.(10) In his
interesting analysis of this problem in Books VIII and IX of the Eudemian
Ethics, Engberg Pedersen concludes that Aristotle's position is that justice
is the basis of all the virtues. The virtuous person assigns no more of
natural goods to himself than to others. In this way he encompasses altruism,
places restraints on inordinate self-interest and serves legitimate self-interest.(11)
Despite the unresolved difficulties of dealing with the reality of self-interest,
the ethics of Aristotle, Plato and the Stoics placed the emphasis squarely
on virtues. Virtue ethics dominated classical and Hellenistic moral philosophy.
It came to its highest development in the moral philosophy of Aquinas
who joined the supernatural to the natural virtues. Thus the classical
and medieval philosophies of virtue constituted a continuum.
This continuum centered on a conception of the virtuous person as one
who exhibited the traits of character essential to human flourishing and
to optimal fulfillment of the capabilities inherent in human nature. For
such a person, self-interest was recognized as a responsibility but it
was to be submerged to varying degrees by noble acts in the interests
of others. The good life called for a rational balance between personal
good and the good of others.(12) But the cardinal virtues -- temperance,
justice, courage and prudence -- all implied some degree of effacement
of self-interest as a mark of the virtuous person. At a minimum the virtuous
person was not to take advantage of the vulnerability of others. As examples:
Socrates chose death to teach a moral lesson to his fellow Athenians;
Plato distinguished the art of making money from the art of healing;(13)
Cicero admonishes the corn merchant not to raise prices when the crop
is small;(14) Hippocrates makes beneficent concern for the welfare of
his patients the first principle of medical ethics.(15) Thus, while they
recognized the reality of self-interest, the ancient and medieval moral
philosophers held firmly to virtue as the touchstone of the moral life.
In the post medieval period two philosophical assaults were launched on
virtue ethics, one by Machiavelli and the other by Thomas Hobbes. Both
are conceptual descendants of Thrasymachus, Callicles and the anti-virtue
pre-Socratics. Both replaced the optimistic view of human nature with
moral pessimism. Both found the traditional concepts of virtue antithetical
to human nature and self-interest. Machiavelli simply converted the traditional
virtues into vices, while Hobbes psychologized them as a form of self-interest.
The Machiavellian and Hobbesian strains are the heart of today's moral
malaise and cynicism which seeks to give moral legitimacy to the professionals'
self-interest.
Machiavelli (1469-1527) was too well educated in classical humanism to
deny totally the value of virtue as an ideal in human conduct. But his
observation of the real world in which men lived -- in warfare, tyranny
and political upheaval -- convinced him that there was no survival value
in living virtuously. The good man simply could not thrive in a world
in which so many others were not good.(16) And so Machiavelli advised
the Prince who would be successful to use whatever means would ensure
his survival and the continuance of his power. The classical cardinal
virtues of temperance, justice, even at times fortitude and prudence,
could be impediments when dealing with those who ignored these constraints
on self-interest. In these circumstances the virtues thus became vices.
Moreover, on the Machiavellian view, virtue itself became an instrumental
notion, a power to effect a given end rather than a behavioral ideal.
Indeed, for Machiavelli virtue became virtu, "manliness" -- an expression
of power rather than a disposition to act well as it was understood in
the classical medieval continuum.
Bernard Mandeville (1670 1773), a physician, went further than Machiavelli
in some ways. Not only did he think the virtues were impractical, but
he held them to be vices -- destructive not only for personal but social
good. It is through greed, the desire for luxury, pleasure, and power
that society prospers and things get done. The satisfaction of acquisitiveness,
intemperance, and gluttony makes for jobs, puts money into the economy
and provides a livelihood for many.(17) Mandeville's "Fable of the Bees,"
whether tongue in cheek or not, has been influential in encouraging an
anti-virtue bias which has always found supporters and has many today.
Nietzsche's (1844-1900) anti-virtue stance was of a different kind but
still in the Machiavellian spirit. For Nietzsche's "ubermensch", the traditional
virtues were meaningless. They were simply impediments to the achievement
of greatness. The virtues were for lesser mortals. For the superman, virtues
like temperance or justice would be vices.(18)
A more modern exponent of a similar moral viewpoint is Ayn Rand. Her ideas,
though far less well argued than those of Machiavelli, Mandeville or Nietzsche,
are a current compound of all three. Rand's novels of the successful architect
or industrialist extol the "virtues" of individualism, ruthlessness, power,
and uninhibited pursuit of wealth and self-interest.(19) Her ideas have
had a considerable influence on those who seek moral justification for
their acquisitive instincts. In this regard it is interesting to note
that the slogan of Regardie's magazine is "money, power, greed."
Moral Machiavellianism -- whether in its original version or its later
varieties in Mandeville, Nietzsche, or Rand -- is very much alive today.
We see it in the medical entrepreneurs who own hospitals or nursing homes,
the lawyer power broker who sells influence or leveraged buy outs, in
the multi-million dollar ministries. Indeed, all who hold that virtue
simply does not pay and that it is a fool's enterprise are moral Machiavellians.
Machiavelli made the virtues into vices. Thomas Hobbes (1588 -1679), on
the other hand, tried to maintain some idea of virtue which was reconcilable
with self-interest. His was a formal philosophical break with the medieval
tradition. His aim was to establish ethics on purely naturalistic grounds,
free of the theological spirit that characterized the medieval synthesis.
He built his moral philosophy on a pessimistic view of human nature that
departed sharply from the essentially optimistic classical- medieval view.
Aristotle opens his Politics by asserting that man is a social animal.
Man, Hobbes said, was unsocial by nature. He enters society only to satisfy
his most fundamental urges. His selfishness is primary and is expressed
in a desire to preserve his own life, enhance pleasure, avoid pain, and
become secure from attack by others. Hobbes does not make the virtues
into vices, rather he puts them at the service of self-interest. We pity
others because we see the possibility of being in the position of those
we pity. We are benevolent either because it gives us power or it will
assure us benevolence in return. "All society" he said, "is for gain or
glory."(20) We obey society's rules only because we feel if we do not,
others will threaten our security. On Hobbes' view, effacement of self-interest
is unnatural, because it makes us the victims of others. Self-interest
determines what is good and bad. But self-interest alone will not secure
a peaceable society. That must finally be secured by an absolute sovereign,
or society will be torn apart by competing self-interests.
Hobbes' view on self-interest was coupled with a scorn for the good which
had been vital to classical and medieval philosophy. If the good is reducible
to what we like or dislike, as Hobbes suggested, then virtues and vices
are also matters of preference. Hobbes' powerful assertions shaped much
of English moral philosophy. His successors tried either to rebut the
primacy of self-interest or reconcile it with some more altruistic principle.
John Locke (1632 1704), for example, agreed with Hobbes that good and
evil are determined by pain or pleasure or conformity to some law. He
did assert that we ought to help others but only if it did not endanger
our own self-interest. Shaftesbury (1671 1713) tried hard to show that
self-interest and service to others were synonymous. Virtues, he said,
"pay off" in self-interest because of the pleasure we get from benevolent
acts. The vices like anger, intemperance, and covetousness, on the other
hand, bring pain. Shaftesbury thought that we ought to embrace virtue
because we have an obligation to protect self-interest, so that affection
for virtue is really affection for self-interest. Hutcheson (1694 1746)
developed Shaftesbury's moral sense theory more fully, as did Hume (1711
1776). They identified virtue as that which gives the spectator of virtuous
acts a feeling of approbation, while vicious acts elicit disapproval.
They took some of the bluntness out of Hobbes' emphasis in self-interest.
But they end up agreeing that we have no ultimate obligation to virtue
other than its bearing on our self-interest or happiness. Adam Smith (1723
1790), too, holds that virtues are those traits of character that are
useful or agreeable to the moral sentiment of the agent or others. Bentham
(1748 1832) argued that whatever is conducive to the general happiness
always conduces to the happiness of the agent. In this way his utilitarianism
reconciles self regarding and other regarding interests by subsuming all
of these interests under the principle of greatest happiness. J. S. Mill
(1806 1873) went further than Bentham positing that the greatest good
of all is the source of one's own happiness. One's own self-interest,
therefore, is best served by acting for the good of all. On this view,
consciously doing without happiness to achieve the greatest good of all
is paradoxically a source of happiness.(21)
In contrast with the moral sentiment, theorists and the utilitarians,
the Cambridge intuitionists like Cudworth (1617 1688), Henry More (1614
-1687), and Cumberland (1631 1718) tried to show that there were reasons
for virtuous acts even if they conflicted with self-interest. More even
postulated a "Boniform faculty", a virtue that gives us mastery over our
baser impulses to serve selfish interests first.(22)
Bishop Joseph Butler (1692 1752) took issue with both Shaftesbury and
Hobbes. Neither self love nor benevolence were the only affections involved
in human behavior. Altruism and self-interest do not completely exclude
other desires and motivations. Nor are benevolence and self-interest mutually
exclusive. Man has a conscience which enables him to order his passions
so that he can do what is good not just for self. By conscience man can
know how much benevolence will advance and how much will damage his self-interest.
Butler was a cleric and looked to God to implant conscience in humans
to point out what action is most in conformity with human nature. Thus
conscience enables us to know that some things are inherently good and
some inherently bad. Butler thus invoked theology implicitly if not always
explicitly, though he tried, as did Hobbes, to extract his moral philosophy
from reason.(23)
Enough has been said to demonstrate how the question of altruism and self-interest
arose in Hobbes and Machiavelli and established two powerful strains of
thought with which moral philosophy has been occupied ever since. As I
pointed out earlier, the problem arose in ancient philosophy as well.
In Christian moral philosophy as enunciated by Aquinas, self preservation
was built into natural law. What is owed to self and what is owed to others
was ordered by the virtue of charity. Indeed, it may be that this is the
only way in which the inherent tensions between self-interest and altruism
can ever be finally resolved.
These tensions certainly have not been resolved in twentieth century moral
philosophy. The subjectivism and emotivism of Ayer, the prescriptivism
of Hare, the existentialism of Sartre -- all make moral judgment matters
of approval or disapproval, preference, or self determination. The metaethical
emphasis on language and logic of moral discourse rather than the content
of moral judgments further weakened the classical notions of virtue so
that the definition of virtue has become either so vague as to be meaningless
or so encompassing as to include every conceivable likable trait.(24)
Twentieth century moralists have refined the eighteenth century notion
of moral sentiment and further psychologized ethics. In the light of the
psychologies of Freud or the behaviorism of Watson or Skinner, today many
moralists look to modern psychology to define the virtues and to close
the gap between knowing the good and being motivated to do the good. Others
look to genetics, culture or social organization to explain altruism and
self-interest.(25) Nagel, on the other hand, presents a Kantian challenge
to this trend and argues for the rationality of altruism. In doing so,
he rejects the Humean subordination of reason to desire or emotion.(26)
Philippa Foot tried unsuccessfully to link virtue and self-interest in
her work Virtues and Vices.
The disarray of normative ethics, including the destruction of virtue
ethics, has occasioned a spate of recent attempts to resuscitate the classical
and especially the Aristotelian idea of virtue. This move was initiated
by Anscombe (27) and Macintyre.(28) Their success varies, and the extent
to which they can reverse the dominance of self-interest in ethics begun
by Hobbes is highly problematic.
The second major factor in the erosion of virtue ethics is the philosophical
difficulty inherent in the concept of virtue itself. First, is its lack
of specificity. Virtue ethics does not tell us how to resolve specific
moral dilemmas. It de-emphasizes principles, rules, duties and concrete
prescriptions. It only says that the virtuous person will be disposed
to act in accord with the virtue appropriate to the situation. This lack
of specificity leads to a distressing circularity in reasoning. The right
and the good is that which the virtuous person would do, and the virtuous
person is one who would do the right and the good. We must define either
the right and the good or the virtuous person if we are to break out of
this logical impasse.
Furthermore, virtue theory cannot stand apart from some theory of human
nature and the good. The more vague our definitions of human nature and
its telos, the more difficult it is to keep virtue from becoming vice
and vice virtue. Since virtue ethics puts its emphasis on the character
of the agent, it requires a consistent philosophical anthropology, otherwise,
it easily becomes subjectivist, emotivist, relativist and self destructive.
Further difficulties include the relations of intent to outward behavior.
Is good intention a criterion of a virtuous person? How do we determine
intention? Can a good intention absolve the agent of responsibility for
an act which ends in harm -- a physician telling a patient the truth out
of the virtue of honesty, and thereby precipitating a serious depression
or even suicide? Few are virtuous all the time. How many lapses move us
from the virtuous to the continent, incontinent, or vicious category?
How does virtue ethics connect with duty and principle based ethics which
give the objectivity virtue ethics seems to lack?
Classical ethics in the East and the West have usually eschewed systems
of rules or principles or at least subordinated them to the notion of
moral character. Where do virtue and supererogation meet? Are virtues
synonymous with duties? Is supererogation merely a higher degree of virtue?
Why are some people virtuous and others not? Must we turn to sociobiology
for the answer as some suggest?(29) Are virtues genetically ingrained,
mere survival mechanisms designed to propagate the gene pool?
In spite of its ancient lineage, these fundamental questions are yet to
be answered. Because they have not been answered to everyone's satisfaction,
moralists have turned to something more probable -- to the question, what
shall I do? How do I solve this dilemma before me now?
This brings me to the third point I want to mention with regard to the
erosion of virtue ethics, namely the turn -- particularly in professional
ethics -- toward quandary and dilemma solving. This is the result of a
number of factors operating in the last two decades. One is the concreteness
and urgency of the new ethical issues arising in scientific advance and
sociopolitical change. Medical and biological progress, for example, challenges
traditional ethics. Yet these developments must be confronted without
the ethical compass points of a consensus on values or common religious
beliefs. We are now a morally heterogeneous society, divided on the most
fundamental ethical issues, particularly about the meaning of life and
death. Without a common conception of human nature we cannot agree on
what constitutes a good life and the virtues that ought to characterize
it. As a result, the ethics of the professions, especially of the medical
profession, has turned to the analysis of dilemmas and of the process
of ethical decision making. For many, ethics consists primarily in a balancing
of rights, duties and prima facie principles and the resolution of conflicts
among them. Procedural ethics has replaced normative ethics. This avoids
the impasses generated when patients, clients and professionals hold fundamentally
opposing moral viewpoints.
But analysis cannot substitute for character and virtue even though it
provides conceptual clarity. Moral acts are the acts of human agents.
Their quality is determined by the characters of the persons doing the
analysis. Character shapes the way we define a moral problem, selects
what we think is an ethical issue, and decides which principles, values
and technical details are determinative.
It makes a very great difference, therefore, whether a professional is
motivated by self-interest or altruism. Given the realities of professional
relationships, the character of the professional cannot be eliminated
from its central position and that is why virtue ethics must be restored
as the keystone of the ethics of the professions.
A fourth and final factor eroding a virtue approach in the medical profession
is the legitimation in public attitude and tolerance of self-interest.
In response to the economic imperatives acting so forcefully on the health
care system, physicians and other providers have been encouraged to compete
with each other. The availability, cost, and quality of health services
have been turned over increasingly to market forces. The Federal Trade
Commission has classified the professions (yours and mine) as businesses
and made them subject to one ordering principle -- the preservation of
competition.(30) Health providers have been encouraged to become entrepreneurs,
to invest in health care facilities and technologies, to be offered bonuses
for keeping utilization of health care resources to a minimum. Without
these incentives, it is argued, the best will not enter medicine, or will
retire early. Medical progress would stop and new services would cease
to be available. For the first time in medical history, self-interest
has been given legal and moral legitimation, and profit has been turned
into a professional virtue. These trends are making the physician into
a businessman, an entrepreneur, a proletarian, a gatekeeper, a bureaucrat.
Never has there been more confusion about who and what it is to be a physician.
Is There A Philosophical Basis for Restoring Virtue Ethics?
This brings me to my second major question: Is there a sound philosophical
foundation in the nature of professional activity for resolving the tension
between altruism and self-interest in favor of virtue and character? I
believe there is, and I would ground my proposal in six characteristics
of the relationship of professionals with those who seek their help. Individually,
none of these phenomena is unique in kind or degree. They may exist individually
in other human relationships and occupations. But, as a moral cluster,
they are, in fact, unique and generate a kind of "internal morality" --
a grounding for the ethics of the professions that is in some way impervious
to vacillations in philosophical fashions, as well as social, economic
or political change. This internal morality explains why the ethics of
medicine, for example, remained until two decades ago firmly rooted in
the ethics of character and virtue. This was true of the medical ethics
of the Hippocratic school and the Stoics. It is found in the seminal texts
of Moslem, Jewish and Christian medical moralists. It persisted in the
18th century in the writings of John Gregory, Thomas Percival and Samuel
Bard, who, although cognizant of the philosophies of Hobbes, Adam Smith
and Hume, nonetheless maintained the traditional dedication of the profession
to the welfare of the patient and to a certain set of virtues. Only in
the last two decades has there been (to use Hume's terms) a "sentiment
of approbation" regarding self-interest.
The first distinguishing characteristic of professional relationships
is the dependence, vulnerability and eminent exploitability of the person
who seeks the help of a physician, lawyer at clergyman. The person in
need of help to restore health, receive justice or rectify his relationships
with God is anxious, in distress and driven by fear. To avoid death, damnation,
or incarceration, he is impelled to seek help, though he wishes he could
avoid it. He is not free to peruse life's other goals until help is forthcoming.
The second characteristic of professional relationships is their inherent
inequality. The professional possesses the knowledge that the patient
or client needs. This places the preponderance of power in his hands.
He can use it well or poorly, for good or evil, for service or self-interest.
How can we speak, as some do, of the professional relationship as a "contract"
when one party is so dependent upon the other's services?
The third characteristic of professional relationships is their special
fiduciary character. In a state of vulnerability(31) and inequality, we
are forced to trust our physicians, lawyers or ministers. We are ill equipped
to evaluate their competence. We are forced to reveal our intimate selves
-- baring our bodies, our personal lives, our souls and our failings to
another person who is a stranger. Without these invasions of our privacy,
we cannot be healed or helped. Moreover, the professional invites our
trust. Professionals begin their relationship with us with the question:
How can I help you? Implicitly they are saying, "I have the knowledge
you need; trust me to have it and to use it in your best interests." In
the case of medicine, that promise is made in a public oath at the time
of graduation when the graduate announces to all present that, henceforth,
he can be trusted to serve interests other than his own. It is repeated
in the codes of medicine and other professions and the ordination rites
of clergymen.
Indeed, it is this public declaration that defines a true "profession"
and separates it from other occupations. The very word comes from the
Latin profiteri, to declare aloud, to accept publicly a special way of
life, one that promises that the profession can be trusted to act in other
than its own interest. Businessmen and craftsmen ask to be trusted, but
not at cost to themselves. Caveat emptor can never be the first principle
of a profession.
Fourth, the knowledge of true professionals, as I have just defined them,
cannot be wholly proprietary. Their knowledge is ordained to a practical
end, to meeting certain fundamental human needs. Professional knowledge
does not exist for its own sake. This is clearest in medicine where society
permits invasions of privacy that would otherwise be criminal in order
that physicians may be trained. Thus, medical students, who are not fully
skilled are permitted to dissect human bodies, attend and assist at autopsies
and operations, and participate in the care of sick people. They are allowed
literally to practice, albeit under supervision. Surgeons in training
take many years to develop their skills. Their first operations are hardly
as proficient as those which follow. Attending patients involves delays,
diffusion of responsibility and accountability, and discomfort and even
physical risk for the patient. Society permits these invasions of privacy
and the risks attached to them, not primarily so physicians can make a
living but because society needs an uninterrupted supply of doctors. Medical
knowledge, and analogously, legal and clerical knowledge, are held in
trust for those who need them. They can never be solely dispensed for
the profit of the professional or on terms unilaterally set by him or
her. That is why lawyers are officers of the court, and clergymen are
ordained to minister in the name of God or their churches.
The fifth feature of the professional relationship is that the professional
is the final common pathway through which help and harm must pass. The
final decisions, actions, and recommendations must be made by one person,
the professional, with whom the patient or client has a covenantal relationship
of trust.
The sixth distinguishing characteristic feature of professional relationships
is that the professional is a member of a moral community, that is, a
collective human association whose members share the privileges of special
knowledge and together pledge their dedication to use it to advance health,
justice or salvation. Together the members of the moral community make
the same promises and elicit the same trust they do as individuals. They
are bound by the same fidelity to the promise they have collectively made
and the trust they have collectively elicited. The professional is, therefore,
not a moral island. He belongs to a group which has been given a monopoly
on special knowledge and holds it in trust for all who need it. Each professional
is responsible to his colleagues, and they are together responsible for
him. Collectively they are responsible for fidelity to the trust they
have solicited from society. This is what the privilege of self-regulation
means -- not that each professional is his own judge of what is ethically
permissible.
These features regarding human relationships are the components of the
"internal morality" of the professions, the immediate moral ground for
their obligations, and the source of definition of their virtues. To use
Aristotle's terminology, those virtues make the work of the professions
"be well done."
The virtues of professional life are many, but I believe they are reducible,
primarily to two -- fidelity to trust and beneficence, which follows from
the virtue of fidelity to trust. These two traits of character are the
ethical foundations upon which the other virtues and principles of professional
ethics depend. Clearly, they are incompatible with the Machiavellian and
Hobbesian doctrines of self-interest. Their reality and irreducibility
provide the most powerful argument for the restoration of virtue ethics
in professional morality.(32)
What Are the Practical Implications of Virtue Ethics?
If there is validity in the philosophical foundations of professional
morality as I have argued, a number of practical implications follow which
are pertinent to healing the moral malaise and confusion of today's professionals.
First, professionals cannot displace the moral failings of the professions
on others -- on society, other professions, government, economics, the
market place, etc. No one can make the conscientious professional do what
he thinks is not in the interests of his patient or client. Can anyone
force doctors to follow a policy damaging to their interests? The fact
that the professional is the final common pathway for all policies and
decisions and actions forces him to be the guardian of the interests of
his patient or client. Indeed he invited that responsibility when he invited
the patient or client to trust him.
As a result, individual practitioners must be very careful in exonerating
themselves from morally dubious practices on the basis of survival. Professional
ethics will have no future only if it is gradually suffocated by the moral
compromises of individual professionals. There will be times when, as
guardians of the patients' welfare, physicians will have a moral obligation
to refuse: they will refuse to "dump" the patient who cannot pay; they
will refuse to discharge the patient before he is ready; they will refuse
to act as society's fiscal agents; they will refuse to be seduced by the
profits of investments and ownership of health facilities or bonuses for
denying or delaying needed care; they will refuse to be gatekeepers, except
to protect their patients from unnecessary medical interventions or procedures.(33)
The physician of character will be the one who can reliably be expected
to exhibit the virtues of fidelity to trust and effacement of self-interest.(34)
The second practical implication is that the individual professional must
not be expected to stand by when the well being of his patient or client
is threatened. It is an obligation of the professions as moral communities
to be advocates for those they serve and to take collective action to
assure that their services are available and accessible to all, to protect
those in need of healing, justice or salvation against public legislation
or institutional policies that may harm them.
The professions as moral communities must also take the responsibility
for each member's ethical behavior seriously enough to monitor, discipline
and even remove each other when the canons of professional morality are
violated. Think of the enormous moral power the professions could exert
if they were truly the advocates of those they serve. Suppose that, in
addition, all the helping professions were to join their efforts. Could
any society resist? Can they do less? In the face of this power, can any
of the three great professions blame society for their own moral lassitude?(35)
A third implication is that the formation of character is as important
in the education of professionals as their technical education. Although
this was a major concern of professional education in the past, it has
now been forsaken. People have asked ever since Plato raised the question
in the Meno: Can virtue be taught? I believe it can. Obviously, the whole
task of character formation cannot be left to the professional schools.
Families, churches, and schools, all shape the character of students long
before they enter professional schools. But these schools must also teach
what it is to be a good physician, lawyer or clergyman -- what kind of
person the good professional ought to be. Much can be done in character
formation when a student is motivated by his desire to be a good professional
even if his education prior to medical, law school, or seminary was morally
neutral or deficient.
The most effective instruments of character formation are the professionals
who teach in medical and law schools and seminaries. But they must be
able to demonstrate that competence and character are inseparable, and
that fidelity to trust and self effacement can be, and must be, indispensable
traits of the authentic profession. Unfortunately not enough professional
school faculty members are convinced of this; nor are enough morally equipped
to serve as models of virtue.
Paradigm cases of ethically sensitive professionals drawn from the history
and tradition of each profession are also helpful. They are more effective
than is generally realized. One of the tragedies of medical history is
its depreciation of the lives of the great physicians. While biographies
may not have much fascination for sophisticated medical historians, they
still have inspirational value for aspirants to medicine. Other professions
have their morally paradigmatic biographies as well. Most professional
students enter with some ideal of service in mind which the professional
school has a responsibility to reinforce.
A fourth implication is that cure of the moral malaise of the professions
requires something more than reordering the social organization, or tailoring
the semantic and semiotic feature of professional codes as Kultgen rather
naively supposes.(36) What failings there are in the professions are failings
in character and not in the language of our codes. If character and virtue
are restored, the appropriate social reorganizations will follow -- not
the other way around.
Finally, there are theoretical reasons as well for a restoration of virtue,
both in general and professional ethics. Happily a renaissance of interest
among moral philosophers in this subject is very much in evidence. But
virtue ethics must not be seen as self- sufficient or as antithetical
to principle or duty based systems of the analysis of ethical dilemmas.
The theoretical challenge is to develop the logical connections between
analytical and virtue ethics, between principles and character, to close
the gap between cognition of the right and good and the motivation to
do it, and in the light of my whole discussion, to strike the morally
defensible balance between self-interest and its effacement which recognizes
the primacy of altruistic beneficence.
The theoretical challenges will be complicated because virtue and duty
based ethics are today isolated from a more comprehensive moral philosophy
which could tell us why we must be moral and what we define as the moral
life. We need to reconnect ethics to some notion of the good and to a
coherent philosophical anthropology. To this end, it might be well to
reexamine the classical medieval synthesis before ethics was torn from
its roots in moral philosophy. That synthesis, amplified by our newer
knowledge of human nature, derived from the biological and social sciences
and reflected upon theologically, might provide the new resuscitation
that an effective virtue ethics demands.
For the time being, a reflection on the nature of professional relationships
can be fruitful even in the absence of a comprehensive moral philosophy
of which it might be a part. The internal morality of the professions
based on the realities of professional relationships is clear enough to
help us repair the ozone hole opened in the fabric of professional ethics,
even if we cannot repair the whole moral atmosphere on which our society
depends for its survival.
I have emphasized what I believe to be some of the elements common to
the moral philosophy of our three professions of medicine, law and ministry.
Many of these same features are shared by other professions. I must leave
them to decide how the virtues of fidelity to trust and effacement of
self-interest apply to them. Suppose all the professions were to acknowledge
virtue as a ground for moral accountability. Would this not be the leaven
for raising the standards of conventional morality as well?
Endnotes
1. Aristotle, Nichomachean Ethics 11056, pp. 25 26.
2. Ibid at 1106a, pp. 16 17.
3. Ibid. at 1106a, pp. 22 24.
4. Ladd, "The Internal Morality of Medicine: An Essential Dimension of
the Patient Physician Relationship" in The Clinical Encounter (E. E. Shelp,
ed., 1983).
5. Aristotle, supra Bk. 9, Ch. 8. In this chapter, Aristotle distinguishes
two types of self love: reproachful and virtuous. Reproachful self love
is self love that arises not according to a rational principle but according
to passion. The person who loves self in this way desires what is advantageous,
not what is noble 1169a 4-6). The person of reproachful self love assigns
to himself the greater share of wealth, honor, and bodily pleasure. The
person who demonstrates virtuous self love is inspired by the rational
principles to secure for self the most noble goods. The actions of this
person will benefit both himself and others.
6. Plato, Republic, 338C.
7. W. K. C. Guthrie, The Sophists (1971). This is a thorough and detailed
examination of the idea of self interest and its relationship to justice
in the Republic. It is particularly helpful in its discussion of how Hobbesian
and Machiavellian strains were prefigured in the thinking of the Sophists.
8. Aristotle, supra, note 6.
9. See J. M. Cooper, Reason and Human Good in Aristotle (1986) for a consideration
of Aristotle's view on love of self and of others.
10. Aristotle, Nichomachean Ethics, 1155b, p. 31; 1156b, pp. 9 10; 1159a,
pp. 6 12, 28 33. See also, Hardie Aristotle's Ethical Theory (1968) at
326.
11. See, T. Engberg Pedersen, Aristotle's Theory of Moral Insight (1983),
pp. 237 262 for a penetrating analysis of Eudemian Ethics, Bks. 8 and
9.
12. Hardie supra note 11 says that for Aristotle, "the end of the state
is Îgreater and more perfect' than the end of the individual and thus,
the activities of the statesman are aimed at Îhappiness' for himself and
his fellow citizens." Ibid, p. 216.
13. Plato, Republic, pp. 341e 347a.
14. Cicero, De Officiis, Bk. 3, Ch 13.
15. Hippocrates, Oath.
16. N. Machiavelli, The Prince (1970): "This is because, taking everything
into account [the prince] will find that some of the things that appear
to be virtues, if he practices them will ruin him, and some of the things
that appear to be wicked will bring him security and prosperity." Ibid.,
p.87.
17. B. Mandeville, The Fable of the Bees (1962).
18. F. Nietzsche, The Genealogy of Morals ( 1967).
19. Ayn Rand, The Fountainhead (1971).
20. T. Hobbes, Leviathan (1968); See also Sidgwick, Outlines of the History
of Ethics (1988). Sidgwick neatly summarizes Hobbes' paradoxical view
of social duty thus: "a view of social duty in which the only fixed positions
were selfishness everywhere and unlimited power somewhere could not but
appear offensively paradoxical." Ibid., pp. 165 169.
21. J. S. Mill, Utilitarianism (1979), Ch. 2.
22. H. More, Enchiridion Ethicum (1978)
23. J. Butler, Three Sermons on Human Nature (1897).
24. E. Pincoffs, Quandaries and Virtues (1986).
25. E. O. Wilson, Sociobiology: The New Synthesis (1975).
26. T. Nagel, The Possibility of Altruism (1978).
27. G. E. Anscombe, "Modern Moral Philosophy" 33, Philosophy
(1958).
28. A. Macintyre, After Virtue: A Study in Moral Theory (1958).
29. Wilson supra, note 26.
30. E. D. Pellegrino, "What is a Profession? The Ethical Implications
of the F.T.C. Order and Some Supreme Court Decisions," Survey of Ophthalmology
1 15 (1984).
31. See R.E. Goodin, Protecting the Vulnerable (1985). This author proposes
vulnerability as a source of moral obligation in his analysis of our social
responsibilities.
32. E. D. Pellegrino and D.C. Thomasma, For the Patient's Good: The Restoration
of Beneficence in Health Care (1988).
33. See Ansberry, "Dumping the Poor", Wall Street Journal (Nov. 29,1988),
p. 1.
34. H. T. Engelhardt and H. Rie, "Morality for the Medical Industrial
Complex", p. 319, New England Journal of Medicine pp. 1086 1089 (1988).
These authors argue against the thesis that I am presenting particularly
in their view that traditional standards must be tailored to conform to
institutional and third party payer's requirements.
35. J. Callahan, Ethics and the Professional Life (1988). This is an anthology
dealing with the relationships between professional and ordinary morality
with contributions by philosophers and professionals in law, medicine
and business.
36. J. Kultgen, Ethics and Professionalism (1988), p. 4.
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