Leaders, Ethics and the Law - Essay Example

Introduction Ethics are very essential in giving educational leaders proper guidelines that they need to follow in their line of duty. This paper elaborates on aspects of four ethical frameworks; consequentialism, deontology, virtue ethics and ethic of care. This paper therefore expounds on general account of the four frameworks. The paper also elaborates on the constraints and imperatives under which school principles work. It then shows the application of ethics in real world situations by school leaders among other issues. (Furman, 2004; p.7) General account of four ethical perspectives There are various ethical theories that school principals base their day to day decisions on. These are deontology, consequentialism, ethics of care and virtue ethics. All these four frameworks are quite diverse in nature. Consequentialism theory asserts that a decision is termed ethical basing on the outcomes or consequences that come up after taking a particular decision or action. This is unlike deontology theory that states that actions are either naturally good or evil. In consequentialism, for any action to be morally right then it has to produce an outcome or generally its consequences have to be good too. In this theory, a leader has to ensure that the option that he chooses is one that maximizes good outcomes. This means that the action in itself is not taken into much consideration but the consequences that it produces. (Beck, 1994, p. 30) Good consequences are also explained to be those that increase the contentment, happiness or satisfaction of the people involved. In this case, consequences have to be characterized by minimal or totally no pain and displeasure. In consequentialism, one has to analyze the effects of an action on the people involved in the case. This theory puts human feelings and relationships on the forefront. Some school principals base their decisions on this theory. Deontology theory is also referred to ethics of duty. The theory of deontology states that actions are naturally evil or good no matter their consequences. This shows the difference with consequentialism theory. It also does not look at an individual’s character like the virtue ethics theory. This theory clearly elaborates that all human beings have the duty to do make choices or take actions on things that are innately good. In this theory, it is expected that people need to take actions deemed to be right this is even if the resultant consequences may not be as good as the action. (Broad, 1930, p. 278) Deontologists do not therefore look at the resultant effects of an action that may be good, but they look at the action itself. This is whether the action is acceptable or prohibited according to the rules that govern them or the institution that they are leading. In this theory, the rules are put in negative expression. (Furman, 2004; p.7) For example, do not harm your friend, neighbor, thou shall not steal etc. they are normally compared to handcuffs put on people to restrain them from doing something. Deontologists argue that an action like lying is naturally bad no matter the case. This does not matter whether the action will lead to some good results. This theory is highly founded on rules set within a particular profession that one is expected to follow. In this theory, it is expected that every person understands what is right and actions that are intrinsically wrong. It is therefore expected that every person or leader carries out his rightful duty. Virtue ethics theory highly focuses on people or the individual unlike what is proposed in other ethical theories. It stipulates how people need to be in order to achieve the ethics. This means that morality in individuals is taken to be first priority Virtue ethics does not consider consequences or even rules in determining whether actions are either write or wrong. It is however based on character. (Furman, 2004; p.6) This is whereby actions in leaders or individuals have to be guided by good character traits. In this theory, leaders are encouraged to be virtuous and this result in good decision making. In this theory it is expected that leaders have to be examples to other people by having virtues that they can emulate. (Murphy, 2002, p. 114) These characters generally enhance the well being of the society and institutions that they are leading. Examples of virtues are; caring, loving, forgiving, patient and generous among others. Once a person or a leader has such virtues, then it is expected that these virtues will guide him to make choices that are good. The emphasis in this theory is not in doing but rather in being. Morality or actions that are moral are closely linked to an individual’s character. (Broad, 1930, p. 278) It is emphasized in this theory that these traits develop over time. This means that people need to be given time to develop virtues in case they are deficient of them. According to major contributors of this theory, there are four major traits that need to have. They include wisdom, courage, temperance and justice. Any person who has these traits is therefore considered to be mature in the moral perspectives. Virtue ethics theorists assert that reason and emotion need to be taken into account in any ethical decision. (Murphy, 2002, p. 114) Ethics of care theory is believed to have been developed by feminists. It is quite different from the other frameworks because it is based on relationships. It emphasizes the fact that human beings depend on each other in order to accomplish their set goals. This theory therefore emphasizes on the need of taking thorough considerations on how choices will affect other people around. This also means that for a leader or a decision maker to safeguard those involved, he has to analyze all the relevant contextual details in the scenario. This is basically caring about other people. After analysis of all the four frameworks, it is quite clear that the best framework that needs to be implemented by principals is deontology. This is basing on laws and regulations in the schools about right and wrong. (Beck, 1994, p. 38) Justification of ethical behavior According to the four frameworks illustrated above ethical behavior among school leaders is determined by various factors. Educational leaders’ actions can therefore be justified by the consequences of their actions. This is according to the consequentialism theory. (Broad, 1930, p. 278) Ethical behavior can also be justified by the resultant effects that an action has on related people. This is linked to the ethics of care theory. This in the school set up include teachers, students and even the auxiliary staff. When school leaders do their duty or what is expected of them, it is considered to be ethical behavior according to the theory of deontology. (Page, 2008, p. 67) Virtue ethics considers ethical behavior to emanate from educational leaders that are virtuous. Analysis of all these aspects clearly shows that school principals should never be rushy in making decisions. This is more so when there is a conflict among different people in the school. They need to take time and analyze the situation and even gather facts about an occurrence. (Pojman and Fieser, 2009, p. 152) They also need to consider the effects that their decision might have on the involved parties. If the effect will be negative, then the decision should be avoided altogether. Another factor that needs to influence school principal’s decisions is the set laws and regulations. (Pojman and Fieser, 2009, p. 154) Each and every school has laws and rules that are set that need to be followed in case different situations occur. These should act as a guideline in influencing their decisions in order to avoid claims of favoritism on affected parties. It is also very essential that school principals involve other school administrators when making decisions. (Page, 2008, p. 68) This could be the deputy principal among others. This normally ensures that the other party gives another view of the situation. This helps in brining in balance in the decision that is being made. This is ethically correct. They however need to shun away from making decisions single handed or without involving other school leaders. It is quite unethical for school principals to listen only to one party and fail to listen to the other in case of conflicts. This could be conflicts between students, teachers and students or among students themselves. It is however quite ethical to give all affected parties an equal ground and listen to them before making any decision. Why study education and the law? This is a very common question asked by students on the reasons as to why they there is need to study both professions that seem quite distinct. It is quite imperative to note that the two of them look so distinct but they are quite related in nature. This is considering the fact that educational systems in any nation are normally guided by set laws and regulations. These laws and regulations act as guidelines to stakeholders in their day to day decision making. (Beck, 1994, p. 36) This is considering the fact that educational leaders are sometimes faced with tough situations that they need to know what the law stipulates in such cases in order to make the right decision. The moment they act against set laws, then stakeholders will hold them accountable. This can even result in a situation where educational leaders are even charged in court. This explains why it is essential to study both education and the law. (Pojman and Fieser, 2009, p. 150) For instance cases of bullying have become very common in the schools. It is very essential for school administrators to study education and law so that they can know what step to take in case of bullying. This is terms of what the law states on actions that need to be taken against bullies in educational institutions. This guides school administrators and educational leaders so that they are not at loggerheads with parents and students etc. (Page, 2008, p. 69) Discrimination is an aspect that the United States government has really tried to abolish in education system. This is by putting in place policies, laws and regulations that need to be adhered to. This is in relation to racial discrimination, or where stakeholders in educational set ups are discriminated because of age, size, economic status, color and performance among others. (Pojman and Fieser, 2009, p. 150) Discrimination can happen in line with offering promotions, marking students examinations and when taking in new students among other forms. The fact that these laws and policies have been put in place does not mean that there is no one who violates them. Studying education and law therefore enables educational leaders to make the right choices or decisions that are in line with set law in case of any form of discrimination. (Pojman and Fieser, 2009, p. 150) It is quite essential to note that discrimination is not just carried out against students only but it can occur to any person in educational institutions like teachers and the auxiliary staff. Studying education and law enables educational leaders to fully understand issues that relate to family court matters. There are also common issues in schools where students are suspended from studies or even cases of exclusion. (Beck, 1994, p. 35) Day to day supervision of students in schools requires laws and regulations to guide educational leaders. It is quite unethical for school administrators to encourage practices such as discrimination, bullying and sexual harassment among others. This also includes making decisions that somehow encourage such behavior within the school. Constraints and imperatives in school principals’ work School principals are definitely faced with challenging situations in their day to day work. In their efforts to make ethical decisions, they are also faced with various constraints. This includes pressure from parents, teachers, students and the government. Some of them are not equipped technologically with gadgets that enhance better decision making process. (Starratt, 2004, p. 34) There are also challenges of competition from other schools and therefore some of them would not want to be perceived as bad to students, parents or teachers. Some rules and regulations put in place are not clear and some may not cover all issues that they face in their daily routine. (Pojman and Fieser, 2009, p. 150) There are also various imperatives under which they work. This includes rules and regulations that have been laid down which act as a framework to their decisions. School principals also have their seniors whom they can easily contact in case of any occurrence that they cannot possibly get a quick solution for it. They also have assistants that they work hand in hand in their decision making within the institution. Other imperatives include training and development that they often go through that equips them with the knowledge of educational law and ethics. (Pojman and Fieser, 2009, p. 149) Ethical issue A situation may occur in school where a female student left in class in the evening with a male teacher starts shouting and screaming. This is in a situation where the school has students who board. On arrival of other students, they find the student’s clothes torn and she claims that the teacher wanted to rape her. The male teacher looks so confused and claims that he did not try to do such an act. The situation is quite tense as the students start accusing the teacher of immoral behavior. The information reaches the school principal. Some students claim that they even found the teacher trying to rape the girl. (Pojman and Fieser, 2009, p. 150) The teacher vehemently denies the accusation claiming that the girl simply asked for assistance in mathematics. The teacher availed himself in the evening as the student had proposed. He claims that soon afterwards the girl asks him to lay with her of which he refuses. He then says that the next thing that he saw was the girl tearing her clothes and screaming for help. On the other hand the girl claims that the teacher tried to seduce her and when she refused, he decided to attempt rape. This is a situation that could occur in a boarding school. The facts put forth in this case clearly indicate that there is no immediately apparent solution. This is considering the fact that both claim to have been offended by the other party. There is no clear evidence on who is right and who is wrong between the student and the teacher. Decision In solving the above case, the school principle needs to base his decision on the deontology theory. This is basing on set laws and regulations in the school on such occurrence. It is a very sensitive issue that requires school principal to take time before making any decision whatsoever. This situation requires the school principal not to handle alone but to involve other leaders in the institution like deputy principal. The team of leaders should then take time to interrogate the student and teacher separately so as to know more about the occurrence. (Beck, 1994, p. 39) The same case should happen concerning students who claimed to have seen part of the incident. The student’s close friends also need to be interrogated to find out more concerning this occurrence. It is also ethical for the school administrator to inform both parties on the measures that will be taken if any of them is found to be guilty. With the help of other leaders in the institution, the principal needs to have an in depth analysis of all the occurrences of that particular day. (Starratt, 2004, p. 40) Through the information collected from the student’s friends concerning the issue, the principal and other leaders will be able to notice the differences in their versions. This will reveal that the student is not telling the truth and that she was trying to fabricate lies about the teacher because he refused to yield to his demands. In consideration of the wrong action and laid down rules in the school, the principal is compelled to expel the student from school. Conclusion Education is quite essential in development of any nation. Educational leaders however need to follow the laid down ethics and laws in their day to day decisions. This is more so due to the pressure that is mounting from parents, teachers, students and community at large. There are various ethical theoretical frameworks that have been put by scholars. They include consequentialism, deontology, ethics of care and virtue ethics. In consequentialism, an action is justified because of its resultant effects or consequences. The theory of deontology on the other hand puts more weight or emphasis on the actions themselves rather than the consequences. The theory states that actions are naturally right or wrong. This means that leaders or individuals have the duty to take make right choices. Virtue ethics theory emphasizes on the character of people rather than the actions or the consequences. It stipulates that people need to have virtuous traits such as wisdom, justice and temperance. Ethics of care is based on relationships. This is where decisions are made considering the effect on relationship among involved people. School principals are usually faced with tough situations in their day to day leadership. These include aspects of bullying and discrimination among other cases. They however need to consider laid down ethics and laws in their profession in order to make the right decisions. This clearly shows that it is important to study both education and law. Read More