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Project

In

ADMIN 9

Submitted by:

Ma. Theresa Camba

BSPA-4A

Submitted to:

Jason Medua

Dated:

October 14

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Ethical Tenure 

Ethics

Also known as moral philosophy, is a branch of philosophy that addresses questions

about morality —  that is, concepts such as good and evil, right and wrong, virtue and vice, 

 justice and crime, etc.

Major branches of ethics include:

Meta-ethics, about the theoretical meaning and reference of moral propositions and how their

truth values (if any) may be determined;

Normative ethics, about the practical means of determining a moral course of action;

Applied ethics, about how moral outcomes can be achieved in specific situations;Moral psychology, about how moral capacity or moral agency develops and what its nature is;

Descriptive ethics, about what moral values people actually abide by.  

[http://en.wikipedia.org/wiki/Ethics] 

"The needs of a society determine itsethics , and in the Black American ghettos the hero is that 

man who is offered only the crumbs from his country's table but by ingenuity and courage is able

to take for himself a Lucullan feast. Hence the janitor who lives in one room but sports a robin's-

egg-blue Cadillac is not laughed at but admired, and the domestic who buys forty-dollar shoes is

not criticized but is appreciated. We know that they have put to use their full mental and physical

 powers. Each single gain feeds into the gains of the body collective."

-Maya Angelou

Under the tenure systems adopted as internal policy by many universities and colleges, 

especially in the United States and Canada, tenure is associated with more senior job titles such

as Professor and Associate Professor. A junior professor will not be promoted to such a tenured

position without meeting the goals of the institution, often (though not always including)

demonstrating a strong record of published research, teaching, and administrative service, with

emphasis different across institutions (though often focused on research in universities). Typical

systems (such as the Recommended Institutional Regulations on Academic Freedom and

Tenure) allow only a limited period to establish such a record, by limiting the number of years

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that any employee can hold a junior title such as Assistant Professor. (An institution may also

offer other academic titles that are not time-limited, such as Lecturer, Adjunct Professor, or

Research Professor, but these positions do not carry the possibility of tenure and are said to be

"off the tenure track.")

Academic tenure is primarily intended to guarantee the right to academic freedom: it

protects teachers and researchers when they dissent from prevailing opinion, openly disagree

with authorities of any sort, or spend time on unfashionable topics. Thus academic tenure is

similar to the lifetime tenure that protects some judges from external pressure. Without job

security, the scholarly community as a whole might favor "safe" lines of inquiry. The intent of 

tenure is to allow original ideas to be more likely to arise, by giving scholars the intellectual

autonomy to investigate the problems and solutions about which they are most passionate, and to

report their honest conclusions. In economies where higher education is provided by the private

sector, tenure also has the effect of helping to ensure the integrity of the grading system. Without

tenure, professors could be pressured by administrators to issue higher grades for attracting and

keeping a greater number of students.

Universities also have economic rationales for adopting tenure systems. First, job security

and the accompanying autonomy are significant employee benefits; without them, universities

might have to pay higher salaries or take other measures to attract and retain talented or well-

known scholars. Second, junior faculty are driven to establish themselves by the high stakes of 

the tenure decision (i.e., lifetime tenure vs. job loss), arguably helping to create a culture of 

excellence within the university. Finally, tenured faculty may be more likely to invest time in

improving the universities where they expect to remain for life; they may also be more willing to

hire, mentor and promote talented junior colleagues who could otherwise threaten their positions.

Many of these rationales resemble those for senior partner positions in law and accounting firms.

One cost of a tenure system is that some tenured professors may not use their freedom for the

common good. Tenure has been criticized for allowing senior professors to become

unproductive, shoddy, or irrelevant. Universities themselves bear this risk: they pay dearly

whenever they guarantee lifetime employment to an individual who proves unworthy of it.

Universities therefore exercise great care in offering tenured positions, first requiring an

intensive formal review of the candidate's record of research, teaching, and service. This review

typically takes several months and may include the solicitation of confidential letters of 

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assessment from highly regarded scholars in the candidate's research area. Some colleges and

universities also solicit letters from students about the candidate's teaching. A tenured position is

offered only if the tenure-granting groups on campus (often a mixture of both senior faculty and

senior administrators) judge that the candidate is likely to remain a productive scholar and

teacher for life.

In North American universities and colleges, the tenure track has long been a defining

feature of employment. However, it is becoming less than universal. In North American

universities, positions that carry tenure, or the opportunity to attain tenure, have grown more

slowly than non-tenure-track positions, leading to a large "academic underclass".  For example,

most U.S. universities currently supplement the work of tenured professors with the services of 

non-tenured adjunct professors, academics who teach classes for lower wages and fewer

employment benefits under relatively short-term contracts.

For these and other reasons, academic tenure was officially restructured in public universities in

the United Kingdom by the Thatcher government in the 1980s. It is no longer offered

in Australia, New Zealand and in most of Europe. Note that most European university systems

do not allow any teaching by young researchers, postgraduates, post doctoral fellows, or

residents. This is especially the case in Germany, where practice in universities (but not

advanced technical colleges) often differs from theory. In principle, teaching duties in German

universities are restricted to tenured faculty and a few non-tenured staff members paid for

research and teaching. In reality, much teaching is done by non-tenured research students and

adjunct faculty. In France, tenure is granted early in academic ranks as well as to CNRS and

other researchers. In Italy tenure is granted in early academic ranks as well as to Consiglio

Nazionale delle Ricerchere searchers.

Outside the United States and Canada, it is still common to offer a long contract to candidates

who pass a less stringent review or confirmation, but with somewhat less job security than in

lifetime tenure systems. Moreover, tenure is under attack in state universities in theUnited

States. New Zealand offers "Confirmation" which is similar in effect to tenure, except that all

university lecturers in New Zealand have a duty, enshrined in law, to act as a critic and

conscience of society, whether their position is permanent or not.

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From most ancient times, as a part of Dharma, one of the ideals placed before individuals was

that for a higher or greater interest, lower or personal interest should be subordinated. This

idealism is incorporated in a verse in Hitopadesha. It reads, 'Subordinate the interest of an

individual for the sake of the family, of the family to subserve the interest of the village, of the

village in the interest of the state, of all worldly interest in order to attain eternal bliss.  

[http://en.wikipedia.org/wiki/Tenure_(academic) 

'Dharma is that which is indicated by the Vedas as conducive to the highest good':

Dharma is that which sustains and ensures progress and welfare of all in this world and eternal

bliss in the other world. Dharma is promulgated in the form of commands, positive and

negative, vidhi and nishedha.

Therefore, dharma embraces every type of righteous conduct covering every aspect of life

essential for the sustenance and welfare of the individual and society, and includes those rules

that guide and enable those who believe in god and heaven to attain moksha (eternal bliss).

The Nature of Ethical Weakness at Present

Before we proceed further, it is worthwhile to have a look at the dynamics of ethics in

public administration. This will help us to identify the basic elements that shape ethics in public

administration. We can then appreciate how, while changes may be taking place in society due

to various factors from time to time over centuries, values remain constant. As values remain

constant, the principle of ethics also remains constant. As they remain constant, we all stand to

gain by looking at the classical insights on ethics in public administration so that we can

improve our current practice.

As a society evolves, it is realized that the behavior of people has to be regulated if 

society as a whole is to survive. The welfare of a society is the result of cooperation between its

members. No man is an island. The Ten Commandments evolved because if everybody was

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indulging in stealing, murdering, or coveting his neighbor's wife, no orderly society could be

possible. The Ten Commandments reflect the values that a society cherishes so that they

become guidelines for action. The values are the fundamental principles that are essential for a

good, orderly society. Practicing those values in terms of code of conducts gets translated into

morals or ethics. As values of society remain the same, ethics also in principle remains

constant. This is the underlying dynamism of ethics in public administration. So faster growth

is not just a consequence of appropriate economic policy, savings rate, human capital and fiscal

deficits, but, somewhat surprisingly, the level of honesty in the citizenry.

This is one area in which Indian citizenry can do with a little bit of brushing up. The

damage usually gets done early, when children are taught that 'honesty is the best policy'. As

they grow up, they realize that whoever taught them that lesson was not quite honest. There aremany situations in life where a quick lie, a broken promise or a reneged contract can bring

about gains.

Many people make a mistake in trying to cash in on these gains too often, not realizing

that each time one does it, one tends to damage one's reputation. If a person breaks too many

promises, people will be wary of getting into agreements with him or her. In other words,

excessive dishonesty and corruption, as in our society, is a sign of several things but,

importantly, of myopia. To a person interested in nothing but his or her own welfare, the

Machiavellian lesson would be simple: try not to tell lies so that you can get away with the rare

one when you have to. So even if people were fully selfish, if they calculated their own interest

rationally (that is, without myopic short-sightedness), they would be more honest than they

typically are.

Something similar happens in the domain of corruption and dishonesty. Each such act

hurts the nation or the community that one belongs to, but since that hurt does not enter the

individual's calculations (especially so when the individual is selfish) people tend to

'overindulge' in corrupt and untrustworthy activities. Hence, nations where people are

habitually (that is, not prompted merely by rational optimization) more honest, will tend to get

more investment, trade and business. Many scholars direct their advice at the government or to

politicians to act in certain ways, or to bureaucrats to carry out certain responsibilities. This

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new research in the role of trust is also a reminder that some of the responsibility lies with

ordinary citizens as well.

We realize how values can lead to evolution of codes of ethical conduct. In the context

of public administration what will be these values? The first of course is the concept of dharma

or righteous behavior. When the British came and we inherited the British system of 

administration, we became familiar with the concept of the rule of law. The rule of law is

nothing but the rule of dharma. As Brihadaranyaka Upanishad says, the law is above the king

himself. In fact, it is necessary that we accept this, and try to shape our conduct and system in

such a way that the principle of dharma or law is re-established. In the Indian democratic

system we will be able to establish the rule of law only if we ensure that law makers do not

become law breakers, or law breakers do not become law makers in the first instance.

Collectively, people may have an interest in being even more honest and trustworthy than what

the selfish rationality calculus induces. This is not always easy to understand. Let us

begin by noting that people use group characteristics to judge individuals. Thus, people hold

views as to how trustworthy Indians are and how punctual Latinos are; about the ethics of 

Protestants and the materialism of Calvinists; about how dependable the Japanese are as

business partners and about how untrustworthy such and such people are (let me leave the

identity of this last group to the reader's imagination) and so on.

Remedial Action against the Current Rot

I would like to present the following ideas in the context of current practices that have

turned ours a highly corrupt country. We are looking at the issue only from the point of view of 

how the rule of law can be re-established with the help of the right type of law makers. The law

makers in our country are the members of parliament and legislature. They can play a very

important role in promoting a corruption-free government. Even in government, while the

bureaucratic executive implements the law, it is also supervised by the political executive in the

form of chief ministers, the prime minister and the cabinet. The political executive is also

responsible to the legislature. The role of the law makers therefore can be seen from two

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different angles. The first relates to the enactment of the law and the second relates to the

implementation of the law.

As Central Vigilance Commissioner (CVC) my jurisdiction does not cover the judiciary

and the legislature. Nevertheless, as a citizen of the country and as a CVC who is concerned

with the impact of criminalization of politics and corruption in the executive, I have taken up

the issue with the Chief Election Commissioner to see how we can amend the electoral law,

particularly Representation of People's Act, to see that the law breakers do not become law

makers. I have made the following suggestions for consideration:

1.  No political party can be permitted to contest the elections unless it has got the latest

annual accounts duly audited by an auditor as may be prescribed by a notified agency

like the Election Commission, the CAG or the Supreme. Court.

2.  No political party may be permitted to contest the elections unless it has cleared its

income tax dues and has got the requisite certificate from the income tax authorities.

3.  Complaints regarding corrupt practices during elections can be looked into by the

Election Commission even before the date of polling. The Election Commission has an

excellent communication system to receive complaints of this type and can immediately

take action so that there will be a healthy check and deterrent effect on corrupt practices

during elections. Prevention is always better than cure.

4.  A person who has been accused of an offence involving moral turpitude or any other

criminal offence cannot be permitted to contest elections. The Election Commission

may identify these offences. Instead of going only by the gravity of the offence and FIR

being filed, the critical test for applying the ban on the candidate contesting an election

should be that a concerned judicial authority like a magistrate should have examined the

FIRs and the data, and gone to the stage of framing a charge sheet.

If a person who has been charge sheeted for grave offences and moral turpitude as

identified and notified by the Election Commission, is banned from fighting the elections, it

will ensure that criminals do not enter politics and become representatives of the people. The

responsibility can be cast on the candidate who must be asked to certify that he or she has not

been charge sheeted or, if he or she has been, to give details. Such a person must also give

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details of the past punishment awarded by the court. We do not know what action the Election

Commission might take. Nevertheless, I think it is necessary to have a nationwide debate on

this issue so that appropriate action is taken to tackle the issue of corruption at the political

level.

One of the reasons for corruption in government is that there are too many complicated and

obsolete laws. The greater the number of laws, greater is the scope for red tape. Greater the

scope of red tape, greater the temptation for corruption. It will be good if the law makers can

have a look at the existing laws in the statute book and see how many of them can be done

away with. In fact, when Shri I.K. Gujral was prime minister, the Indian government had set up

the Jain Committee to identify the administrative laws that were obsolete. If I remember

rightly, the committee identified about 3,500 laws of which about a third could be done awaywith. So in order to promote a corruption-free government we should start with a systematic

campaign to remove obsolete laws from the statute book.

In addition to the removal of obsolete laws, there is need to introduce a system that will

ensure that no law remains on the statute book forever and thereby become another source for

corruption. We should therefore bring in a concept like the sunset principle as in the United

States. No law remains on the statute book forever and has a life of say five or 10 years, at the

end of which period, unless it is consciously reviewed and re-promulgated, it will exit the

statute book. This will automatically ensure that we do not have laws cluttering the statute

book.

The next important aspect is that law makers should pass laws that will promote an

atmosphere of a corruption-free government. Transparency is increasingly recognized as a

method for checking corruption. There is therefore an urgent need for passing a Freedom of 

Information Act. There is a fear that the Freedom of Information Act will be passed in such a

way that there will be so many provisos and safety clauses that ultimately the basic objective of 

transparency in administration may be defeated. It will be necessary for law makers to ensure

that such loopholes are not provided and citizens of the country have access to as much

information as possible so that the degree of transparency in the government is enhanced. In

fact, except for a small negative list of items having a bearing on the security of the nation or

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some aspects that have a direct bearing on maintenance of peace and so on, there should be no

restriction at all for the public in accessing government information. To the extent our law

makers are able to create such an environment, they will have taken an important step towards

bringing in a culture of honesty in government.

The dynamics of corruption in government starts with a systematic attempt at politicizing

the bureaucracy. Though in principle we are supposed to have a politically neutral permanent

civil service of the British type, what we have in practice is the spoil system of the USA,

without the corresponding checks and balances in that country that makes it far less corrupt

than India. The simple instrument by which the political executive has found that the

bureaucracy can be made to dance to its tunes is the instrument of transfers and postings. The

importance of insulating at least the important and sensitive posts from this transfer instrumentwas highlighted by the Supreme Court in the Vineet Narain case, popularly known as

the Hawala case. The Supreme Court pointed out that at least the two key investigating

agencies of the Government of India, namely, the CBI and the Enforcement Directorate must

be insulated from outside influences. This was sought to be achieved by making the Central

Vigilance Commission a statutory body and making the CVC supervise the activities of the

CBI. The CVC also chairs a committee in which the concerned secretaries are represented to

choose the panel of names for the posts of director and senior officials of CBI as well as that of 

Enforcement Directorate. In addition, there is also an assured tenure of two years for the

officials and they cannot be transferred without the consent of the CVC.

This initiative of the Supreme Court so far as CBI and ED are concerned points a way by

which we can systematically depoliticize the executive, or at least reduce the possibility of 

corrupt elements in the bureaucracy getting into sensitive posts and exploiting their position. It

will be worthwhile to identify all the sensitive posts in the government and bring in a discipline

that these posts will be filled up from a panel of names recommended by ant objective and

independent committee like the CVC's committee for the CBI and ED. The composition of this

committee can be different for different posts. Once posted, the incumbents will have a

minimum tenure of two or three years. This will promote a certain amount of objectivity and

relieve the present situation where corrupt elements literally bribe their way into sensitive

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posts. The above method of investing the filling of key sensitive posts with objectivity will go a

long way towards better control over corruption in government.

The New Public Management and New Accountability

By:Peter Barberis

There has long been a disparity between the practice and the neo-Diceyan doctrine of 

accountability in British central government. This article shows that the New Public

Management (NPM), while not itself the root cause of such disparity, has nevertheless both

exacerbated and further exposed existing fault-lines. This much is evident from an examination

of NPM‟s theoretical bearings and from brief case studies of the Child Protection Agency and

the Prison Service. Reflecting broad and deep-seated forces, the NPM is unlikely to disappear.

Thus although there are certain attractions in retaining neo-Diceyan assumptions, it may be more

appropriate to reconstruct the formal doctrine. Drawing upon Spiro‟s notion of „multicentric‟

accountability and within the context of calls for wider constitutional reform, the article sketches

the basis for a new doctrine, having regard to relevant moralities and practicalities.

[http://onlinelibrary.wiley.com/doi/10.1111/1467-9299.00111/abstract (www.google.com)]

Accountability 

The concept in ethics and governance with several meanings. It is often used

synonymously with such concepts as responsibility, 

answerability, blameworthiness, liability, and other terms associated with the expectation of 

account-giving. As an aspect of  governance, it has been central to discussions related to

problems in the public sector, nonprofit and private (corporate) worlds. In leadership

roles, accountability is the acknowledgment and assumption of responsibility for

actions, products, decisions, and policies including the administration, governance, and

implementation within the scope of the role or employment position and encompassing the

obligation to report, explain and be answerable for resulting consequences. As a term related togovernance, accountability has been difficult to define. It is frequently described as an account-

giving relationship between individuals, e.g. "A is accountable to B when A is obliged to inform

B about A‟s (past or future) actions and decisions, to justify them, and to suffer punishment in

the case of eventual misconduct". Accountability cannot exist without proper accounting

practices; in other words, an absence of accounting means an absence of accountability.

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 Political accountability

Political accountability is the accountability of the government, civil servants and politicians to

the public and to legislative bodies such as a congress or a parliament. 

In a few cases, recall elections can be used to revoke the office of an elected official. Generally,

however, voters do not have any direct way of holding elected representatives to account during

the term for which they have been elected. Additionally, some officials and legislators may be

appointed rather than elected. Constitution, or statute, can empower a legislative body to hold

their own members, the government, and government bodies to account. This can be through

holding an internal or independent inquiry. Inquiries are usually held in response to an allegation

of misconduct or corruption. The powers, procedures and sanctions vary from country tocountry. The legislature may have the power to impeach the individual, remove them, or suspend

them from office for a period of time. The accused person might also decide toresign before

trial. Impeachment in the United States has been used both for elected representatives and other

civil offices, such as district court judges. 

In parliamentary systems, the government relies on the support or parliament, which gives

parliament power to hold the government to account. For example, some parliaments can pass

a vote of no confidence in the government.

Ethical accountability

Within an organization, the principles and practices of ethical accountability aim to

improve both the internal standard of individual and group conduct as well as external factors,

such as sustainable economic and ecologic strategies. Also, ethical accountability plays a

progressively important role in academic fields, such as laboratory experiments and field

research. Debates around the practice of ethical accountability on the part of researchers in the

social field - whether professional or others - have been thoroughly explored by Norma Romm in

her work on Accountability in Social Research

including her book on New Racism: Revisiting Researcher Accountabilities, reviewed by Carole

Truman in the journal Sociological Research Online. Here it is suggested that researcher

accountability implies that researchers are cognisant of, and take some responsibility for, the

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potential impact of their ways of doing research - and of writing it up - on the social fields of 

which the research is part. That is, accountability is linked to considering carefully, and being

open to challenge in relation to, one's choices concerning how research agendas are framed and

the styles in which write-ups of research "results" are created.

Administrative accountability

Internal rules and norms as well as some independent commission are mechanisms to

hold civil servant within the administration of government accountable. Within department or

ministry, firstly, behavior is bounded by rules and regulations; secondly, civil servants are

subordinates in a hierarchy and accountable to superiors. Nonetheless, there are independent

“watchdog” units to scrutinize and hold departments accountable; legitimacy of these

commissions is built upon their independence, as it avoids any conflicts of interest. Apart from

internal checks, some “watchdog” units accept complaints from citizens, bridging government

and society to hold civil servants accountable to citizens, but not merely governmental

departments.

Market accountability

Under voices for decentralization and privatization of the government, services provided

are nowadays more “customer -driven” and should aim to provide convenience and various

choices to citizens; with this perspective, there are comparisons and competition between public

and private services and this, ideally, improves quality of service. As mentioned by Bruce Stone,

the standard of assessment for accountability is therefore “responsiveness of service providers to

a body of „sovereign‟ customers and produce quality service. Outsourcing service is one meansto adopt market accountability. Government can choose among a shortlist of companies for

outsourced service; within the contracting period, government can hold the company by

rewriting contracts or by choosing another company.

(http://en.wikipedia.org/wiki/Accountability)