Ethical Decision-Making in the Public Sector

Learning Outcomes

  • By the end of the session students should be able to:
    • Explain ethical decision-making (EDM)
    • Discuss decision-making models applicable in the public sector
    • Identify factors influencing ethical decision-making
    • Elaborate the importance of decision-making in the public sector

Conceptualising Ethical Decision-Making

  • Traditional view of decision-making: Selecting one option from many alternatives (Oztepe & Kulac, 2019)
  • Ethical decision: A decision that is both legal and morally acceptable to the wider community (Jones, 1991)
    • Conversely, an unethical decision may be legal but morally questionable, or moral yet illegal
  • Ethical decision-making as behaviour: The individual chooses among ≥2\ge 2 responses to a situation (Brodhead et al., 2018; Newman et al., 1996)
  • Public-administration perspective (Simon, 1948)
    • Administration is fundamentally about deciding; administrator choices shape the well-being of organisations, members, and society
  • Policy perspective (Klimczuk, 2016)
    • Decision-making = government’s adoption of a course of action or inaction
  • Public-administration process (Ondrova, 2016)
    • Requires political neutrality, independence, open-mindedness, and consideration of public needs
  • Normative foundation
    • Adherence to ethical standards is fundamental to cooperative social life (Wittmer, 2001)
    • Administrators must preserve bureaucratic integrity (Terry, 1995)

Kohlberg’s Cognitive Moral Development (CMD) Theory

  • Purpose: Explain how people acquire ethical & moral attitudes and what motivates moral choices
  • Founder: Lawrence Kohlberg (1958), American psychologist
  • Methodology: Longitudinal study of children ($\approx20$ years) using hypothetical dilemmas (e.g.
    Heinz Dilemma)
  • CMD: 66 stages of moral reasoning, grouped into 33 levels
    • Moral growth is sequential & hierarchical; higher stages integrate lower ones
  • Practical significance for public sector:
    • Helps anticipate moral maturity of public officials
    • Training can target progression to higher stages

Kohlberg’s Six Stages of Reasoning

  1. Pre-Conventional Level
    • Obedience / Punishment Orientation: Avoid punishment; authority = right
    • Individualism & Exchange: Recognise multiple viewpoints; pursue self-interest via fair exchange
  2. Conventional Level
    • Good Interpersonal Relationships: Seek approval, maintain relationships
    • Maintaining the Social Order: Obey laws/rules to uphold social system
  3. Post-Conventional Level
    • Social Contract & Individual Rights: Laws are social contracts; can be changed for greater good
    • Universal Ethical Principles: Abstract principles (justice, human rights) override laws
  • Significance: Public officials operating at post-conventional stages better navigate dilemmas where law is silent or conflicting

Cooper’s Ethical Decision-Making (EDM) Model

  • Developer: Terry L. Cooper, American PA scholar
  • View: Ethics is an active process; administrators need structured reflection
  • Outlined in The Responsible Administrator (2013)
  • Provides systematic questions for evaluating dilemmas
  • Introduces Levels of Perspective—from instinctive responses to post-ethical reflection

Levels of Perspective

  • Expressive level: Emotional, socialised reactions
  • Level of moral rules: Conventional norms
  • Ethical analysis level: Rational reflection, application of ethical principles
  • Post-ethical level: Critical evaluation of the principles themselves (meta-ethics)

Process Steps (visual A-F)

A. Perception of an ethical problem
B. Describing the situation
C. Defining the ethical issue
D. Identifying alternatives
E. Projecting probable consequences
F. Selecting an alternative; reaching a state of resolution

  • Analytical tools embedded:
    • Moral rules (obligations)
    • Ethical principles (justice, rights)
    • Anticipatory self-appraisal (how choice reflects on one’s integrity)
  • Relevance: Encourages anticipatory, holistic appraisal before acting

Rohr’s EDM Model – Regime Values

  • Author: John A. Rohr, political scientist
  • Introduced in Ethics for Bureaucrats (1978) & expanded (1989)
  • Focus: How administrators decide ethically when law is silent or ambiguous
  • Central Concept: Regime Values
    • “Collective benefits promoted by a given political order” (Overeem, 2015)
    • Normative foundation for public-sector ethics derives from the values of the constitutional regime
    • Administrators should be guided by values “brought into being by the constitutional order” (Rohr, 1976)
  • Key assertions:
    • Though rooted in U.S. Constitution, analogous values exist in any polity
    • Ethical administration = adherence to constitutional principles as interpreted by the Supreme Court (or equivalent adjudicator)
  • Practical implications:
    • Provides legal-ethical compass when statutes conflict or are absent
    • Emphasises accountability to the foundational political order, not transient politics

Svara’s Ethical Triangle Model (Unified Normative Ethics)

  • Developer: James H. Svara (2007)
  • Motivation: Resolve conflicts arising when single ethical theories (deontology, consequentialism, virtue) give divergent advice
  • Triangle’s Core Focus: Public Interest—acting for broad, shared benefits rather than narrow or personal interests (Cooper, 2004)

Three Corners of the Triangle

  1. Principle (Deontology)
    • Uses reason; stresses justice, fairness, equity
    • Question: “Is the action consistent with my obligations & universal rules?”
  2. Consequences (Consequentialism)
    • Uses analysis; evaluates outcomes & effectiveness
    • Question: “Will the action produce net public good & fit my duty as administrator?”
  3. Virtue (Virtue Ethics)
    • Uses feeling & reflection; focuses on moral character
    • Question: “Is this action what a person of good character would do?”
  • The Unified Normative Ethics approach requires balancing the three to avoid blind spots inherent in any single theory

Diagrammatic Summary

  • Triangle with corners: Principles (Justice/Fairness/Equity), Consequences (Result), Virtue (Character)
  • Center: Public Interest

Comparative Focus of Models (Synthesis)

  • Kohlberg CMD: Moral development stage of the decision maker
  • Cooper Model: Analytical process & perspectival depth during dilemma resolution
  • Rohr Model: Constitutional/legal value base for discretionary decisions
  • Svara Triangle: Integrative normative framework combining duty, outcomes, and character around public interest

Importance of Ethical Decision-Making in the Public Sector

  • Compliance with laws & regulations
  • Responsibility: Fulfilling fiduciary & stewardship duties
  • Promotion of good / deterrence of bad: Enhances societal welfare, prevents harm
  • Reputation: Builds credibility for agencies & officials
  • Safeguarding rights: Protects individual and collective rights from abuse
  • Public trust: Sustains legitimacy of governance structures

Challenges to Ethical Decision-Making

  • Personal biases & prejudice: Cognitive shortcuts, stereotypes distort judgment
  • Diverse personal beliefs & values: Heterogeneous workforce & citizenry complicate consensus
  • Usage of additional resources & strategies: Need for training, ethical infrastructure, whistle-blowing channels; resource constraints can impede robust EDM
  • Combined effect: Risk of inconsistent or unethical outcomes; necessitates structured models (Cooper, Rohr, Svara) & moral development (Kohlberg)

Connections & Practical Implications

  • Training programs can use Kohlberg stages to tailor ethics education (aiming for post-conventional reasoning)
  • Cooper’s process offers step-by-step checklists for ethics committees & policy analysts
  • Rohr’s emphasis on constitutional values aligns EDM with judicial precedents; useful in judicial review contexts
  • Svara’s triangle equips managers with a quick heuristic to balance duty, results, and character, centring on public interest
  • Ethical infrastructure (codes, oversight bodies, transparent procedures) should embed insights from all four models to support consistent, principled, and outcome-aware decisions

Ethical, Philosophical & Real-World Relevance

  • Democratic accountability: EDM frameworks operationalise the abstract ideal of government of and for the people
  • Rule of law vs. moral autonomy: Rohr model reconciles legal positivism with ethical discretion
  • Virtue cultivation: Svara reminds agencies to recruit & develop officials with strong character, not just rule knowledge
  • Policy effectiveness: Consequence analysis ensures ethical choices also deliver practical benefits, closing the gap between ought and is
  • Global applicability: Though examples are U.S.-centric, principles translate across constitutional democracies and can be localised via each regime’s foundational documents