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A Crisis of Ethic Proportion

June 12, 2009

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The financial sector catastrophe and consequent worldwide recession are a crisis of “ethic” proportion, in Vanguard founder John Bogle’s words. Higher education’s own responsibility for the failures of ethical leadership in business, the gatekeeper professions, and government should trigger a careful self-assessment. Could it be that the academic profession, whose members both educate and serve as role models in the formation years for leaders in business, government, and all the other peer review professions, is falling short in its own ethical responsibilities?

A major theme of "The Future of the Professoriate: Academic Freedom, Peer Review, and Shared Governance," the first in the Association of American Colleges and Universities' new Intentional Leadership in the New Academy series of essays, is that the academic profession has been failing for many years in its ethical duty to acculturate new entrants into the tradition and ethics of the profession. The central argument in "The Future of the Professoriate" is that members of a peer-review profession cannot aggressively justify and defend their control over professional work when they do not both understand the profession’s social contract and internalize their responsibilities under the social contract. The social contract of each peer-review profession is the tacit agreement between society and members of a profession that regulates their relationship with each other, in particular the profession’s control over professional work. Essentially, in order for the public to grant a peer-review profession more autonomy and control over the work different from the control that society and employers exercise over other occupations, the public must trust that the profession and its members will use the autonomy at least to some degree to benefit the public in the area of the profession’s responsibility, not abuse occupational control over the work merely to serve self-interest.

The simple fact is that all the data available indicate that a substantial proportion of graduate students and faculty members do not clearly understand the profession's social contract, academic freedom, shared governance, and each professor's and the faculty's specific duties that justify the profession's claims to autonomy. Osmosis-like diffusion of these concepts and duties does not work. There must be required education on professional ethics for graduate students and entering and veteran faculty just as there is for law students in all states and members of the legal profession in many states. (Academic Ethics (American Council on Education/Oryx Press, 2002) outlines the content of this education.)

The governing boards of many colleges and universities represent the public in the social contract between the public and the academic profession. "The Future of the Professoriate" argues that the boards and their senior administrative teams have faced substantial market changes in higher education in recent decades; the current budgetary disaster driven by reduced taxpayer support for public higher education and reduced endowments is among the most difficult of these market changes. While members of all peer-review professions carry an ongoing burden to justify to the public (and the boards representing the public) the profession’s occupational control over the work, carrying this burden is particularly critical during a time of rapid market change.

The report's analysis is that during this period of market change, the academic profession has been almost totally missing in action in mounting a robust public defense of both how the public benefits from the profession’s autonomy and control over its work in the form of academic freedom, peer review, and shared governance and how the profession and its members are actively fulfilling their duties under the social contract. Paradoxically, while we are educators, we are not educating. The situation is similar to the failure of the medical profession to mount a robust public defense of its autonomy during the 1980s and 1990s when the health care market changed toward managed care that dramatically reduced the medical profession’s control over its professional work.

At a significant swath of institutions, the academic profession’s defense of the social contract has focused on rights and job security. As Eliot Freidson in Professionalism: The Third Logic (University of Chicago Press, 2001) has observed, when the peer-review professions defend their social contracts, they typically rely on a rhetoric of rights, job security, and “good intentions, which [are] belied by the patently self-interested character of many of their activities. What they almost never do is spell out the principles underlying the institutions that organize and support the way they do their work and take active responsibility for [the realization of the principles].” They do not undertake responsibility for assuring the quality of their members’ work. The academic profession’s anemic defense of its social contract confirms Freidson’s observation.

The predicable result of an anemic defense of a profession’s social contract during a time of market change is that the society and employers will restructure control of the profession’s work toward the regulatory and employer control typical for other occupations -- essentially the default employment arrangements in a market economy. This is what has been happening to the academic profession. The boards at many colleges and universities have been renegotiating a sweeping change in the academic profession’s social contract over many years to reduce the profession’s autonomy and control over professional work. "The Future of the Professoriate" details how the renegotiation is most evident with the dramatic increase in contingent faculty to the point that, by 2003, 59 percent of all newly hired full-time faculty started in non-tenure-track positions.

The academic profession must not resign itself to the current trend toward contingent faculty, but it cannot reverse the trends toward a higher proportion of contingent faculty and less occupational control over professional work by employing a rhetoric of rights, job security, and good intentions. However, professors cannot defend the social contract without both having the knowledge necessary to make the defense and actively meeting their duties under the social contract. The single most important step for the profession is improving the acculturation of graduate students and veteran academics into the tradition and ethics of the profession. The best starting point at each institution may be a simple faculty self-assessment of the degree to which the faculty is helping new and veteran faculty members understand and internalize both the minimum standards of competence and ethical conduct for the profession (the ethics of duty) and the core values and ideals of the profession (the ethics of aspiration).

If the academic profession at many institutions does not undertake these responsibilities, then this crisis of ethic proportion will continue, and the trajectory for the academic profession for the next twenty years will, in all likelihood, look like the trajectory for the last thirty years. Members of the profession will continue a slow transformation toward employment as technical experts subject to the dominant market model of employer control over work.

While many in the profession believe the battle is against oppressive governing boards, administrators, and market forces, the battle is actually for the soul of the profession. Imagine a world in which each professor at an institution had fully internalized the tradition and ethics of the profession. We are educators. From a position of knowledge and moral authority, not just self-interest, we could then convince the public -- and, most importantly, the governing boards and administrative leadership who are trustees for the public good of creating and disseminating knowledge -- that academic freedom, peer review, and shared governance best serve the institution’s mission.

Neil Hamilton is professor of law and director of the Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas.

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Comments on A Crisis of Ethic Proportion

  • Can someone please translate this for me?
  • Posted by Mr. Slappy on June 12, 2009 at 9:15am EDT
  • I suppose that this means that if I admonish my graduate students to be good people, they'll never have to work as adjuncts. Huh?

  • Posted by G. Tod Slone on June 12, 2009 at 10:00am EDT
  • The true social contract iof a professor should be overt truth telling, nothing more and nothing less. Clearly, abiding by that contract leads to unemployment.

  • Whose social contract?
  • Posted by lcl on June 12, 2009 at 10:00am EDT
  • This article assumes that there is a long-standing, objective position for a social contract that is just, upstanding, ethical, and focused on a collective good involving the greatest good to the greatest number possible.

    From what I have observed over the last 15 years, it's not that the academy or the professions no longer actively defend our culture's social contract, but rather that our culture as a whole has redefined what that contract is. Our social contract now is to defend the greatest opportunity for the greatest good to whoever is able to lay claim to it.

    In that view, we are actively involved in defending the social contract - it just happens to be the contract as it exists now, and not the one we might wish it were.

  • Huh?
  • Posted by Mark Crane , Associate Professor at Utah Valley University on June 12, 2009 at 10:15am EDT
  • This is a fascinating opinion piece, but the original report (which the author generously self-links to) is $15.00, which means it will go unread.

  • comon good redefined
  • Posted by Theron on June 12, 2009 at 2:00pm EDT
  • I would suggest that the cultural value of the common good has been redefined. It no longer bears any resemblance to the Common Good at the heart of the 18th Century notion of the social contract. Now, the Common good means simply the ability to buy all things. Thus, education is a product that the social contract enables people to purchase; it no longer possesses an intrinsic worth of its own. the worth is in the owernership of the degree, ownership of quantifiable outcomes.

    To point fingers at the academic commuity for an anemic defense of the social contract misses two things: first, the social contract no longer includes the common good or the role of an educated population. Secondly, it suggests that the academic community is responsible for #1. In fact, as the academic community continues to lobby for and teach to the common good and its socail contract, the more the general population devalues them..and the more States cut their spending for education.

    The report has it backwards.

  • It's not that simple.
  • Posted by Jeffrey Mask , Professor of Religion at Wesley College on June 12, 2009 at 2:45pm EDT
  • Are there any professions left in the United States? Everything is increasingly run on the profit-at-any-cost basis of capitalist business.

    Boards of trustees do not see themselves as representing the public in a social contract. They see themselves as owners and bosses who know more than mere faculty members. That's why larger institutions have three and four administrators per function and the abuse of adjunct instructors is justified on an entirely financial basis without thought of the quality of the educational experience. Shared governance is a bad joke. How often does Inside Higer Ed run an article with a line something to the effect: "the trustees did not want to give the appearance that they were [finally] acting because the faculty had been correct in its judgment"? There's an ethical issue.

    On top of that, the United States is willing to pretend that any business that uses the word "university" on its letterhead must be one. A person can learn a lot on line, but no one can earn a real degree there. Suddenly legitimate universities "have to compete" with the bogus ones that give credit for life experience toward a Ph.D.--without library or faculty. And this is another ethical issue.

    The professorate needs to take responsibility for the ethics of education? Not possible. The bean counters are too busy trying to replace us with adjuncts and software packages to listen to what we have to say.

  • Boards Do Not Represent the Public Welfare
  • Posted by David Cooper , Professor/English at Jefferson Community and Technical College on June 12, 2009 at 5:30pm EDT
  • Boards of colleges and universities are not there to represent the public interest. Instead, these are often political appointments to those who have given generously to the governor's campaign. Holding such a position is a resume builder. With the exception of one or two token faculty members, the boards are made up of people know very little about education--business people, lawyers, etc. Often, they are rubber stamps for the president of the college or university. The public is ill served by these no nothing clones. Instead, boards should be made up of teachers and students who know and care about education. The current boards do not represent the public or look out for its welfare.

  • Bad Faith Run Rampant
  • Posted by Greg Tropea , Dept. of Philosophy at Cal State Univ., Chico on June 13, 2009 at 6:45am EDT
  • The impulse to accountability has arisen together with the unfortunate rhetoric of rights favored by recent generations of faculty. The assertion of unusual rights will, of course, call for justification. Had there instead been an honest rhetoric of service and an unwavering commitment to that ideal over the past several decades, we probably would not be looking at the train wreck that higher education has become.

    But now, ethics can go stand over by the wall with academic integrity and critical thinking. The action these days, as Prof. Mask notes above, is with the cost-cutters and techno-scammers who find willing boards to support their ignorant destructions. Faculty need to develop both a consciousness of what is at stake and the will to organize to renew the university.

    Success may not be assured by a more authentic consciousness and energetic organization of faculty, but failure to reverse the current degeneracy is assured in their absence.

  • Is a "social contract" worth the paper it isn't written on?
  • Posted by cb3 on June 13, 2009 at 6:15pm EDT
  • A contract is an explicit and voluntary agreement. I've signed a contract with my university, but I've never entered into a written or oral agreement with "society." So how would I know what the provisions of this putative contract are, much less be able to pass them on to my students? The social contract language in this piece seems to me little more than an effort to cover sloppy thinking with an impressive sounding cliche from intellectual history.

  • Professor Mask
  • Posted by DFS on June 18, 2009 at 12:15pm EDT
  • Yes, there are plenty of professions left doing what you want done: women's studies, cultural studies, multicultural studies, gender studies, ethnic studies, colonial studies, etc.

    Unfortunately, while all of this study is undertaken, along with the study of Fries with the Burger, we aren't accomplishing much for your pocketbook.

    We all must exert the maximum effort toward fooling everyone about the importance of what we do, so we can continue to fool any remaining entrepreneurs into investing in any industries which would still allow skills to be exploited, therefore employing that motivated to the point when we can shift gears more efficiently towards the upcoming ObamaNation, dereft of any capacity of resistance to Socialism.