Western Creed, Western Identity: Essays in Legal and Social Philosophy

12. Professional Responsibility

       PROFESSIONAL RESPONSIBILITY  Few would deny that Immanuel Kant is one of a small band of great knowers.Among his lasting contributions to the study of philosophy is his Metaphysics of Morals. His discussion of virtue, of one’s duties toward one’s self and toward others, is time-transcending. Kant is convinced that “a doctrine of virtue is . . . something that can be taught.”1 But virtue cannot be taught merely by concepts of duty or by exhortations. Instead, it must be exercised and cultivated by effort. One cannot straightaway do all that one wants to do. But the decision to embark on a virtuous path “must be made all at once and completely .”2 To form a habit is to establish a lasting inclination apart from any maxim. The emphasis is on “inclination,” but Kant was not opposed to the enunciation of maxims, provided they issued from systematic and empirical inquiry. Kant’s emphasis on dialogue in the methodical treatment of virtue has found favor with many contemporary moralists as they prepare textbooks and anthologies. This is no more evident than in discussions of morality as it pertains to the professions , particularly the medical, legal, and academic professions. The following discussion focuses upon the concept of professional responsibility in a generic way. It suggests, in a Kantian manner, virtues appropriate to the professions singled out for treatment. . The Metaphysics of Morals, trans. Mary Gregor (Oxford, U.K.: Oxford University Press, ), . . Ibid. Professional responsibility is a composite of virtues. It is a moral requirement coextensive with the authority and power conferred by office. I cannot think of a moral virtue that a responsible professional ought not to have, but there are certain virtues associated with the professions which in their absence may cause particular consternation . I will focus on these in a moment. But first let me explain what is commonly meant by“profession”and then by“responsibility.” Although we are inclined to use the word profession loosely, not every occupation is rightly called “professional.” The etymology of the term and its historical usage may be of some help in securing a manageable definition. The term traditionally was assigned to those callings in which one “professes” to have acquired some special knowledge, useful either by way of instruction or guidance and secondarily to those arts or services that depend upon such knowledge. In antiquity this was thought to rule out purely commercial, mechanical , agricultural, or other similar occupations. Three time-honored professions, theology, law, and medicine, were accorded the designation “learned.” Although antiquity recognized only a short list of professions, contemporary claims to professional status are numerous indeed and one would be foolhardy if one attempted to arbitrate what is and what is not rightly called a profession. Obviously, the list of professions recognized in antiquity may be expanded by a kind of analogy to many modern occupations. Given our ability to define them, these occupations have status commensurate with their intellectual component, their importance to the community, and their history. We normally do not look upon an electrician or a plumber as a professional, although we respect tradesmen and their crafts. A profession obviously entails a theoretical dimension. The word responsibility itself may give us a clue. Although the etymology of the word may be obscure, there is reason to believe that it comes from the Latin respondeo, similar to the French répondre, as in “réspondez s’il vous plait” (RSVP; respond, if you please). In its Latin origin, it implies an amenability, a disposition to answer to a call. To be responsible is to be answerable.“Responsible” as an adjective denotes what Aristotle called phronimos, reasonableness and re-        liability. As a moral quality it is not confined to any particular situation but designates a disposition and perhaps a role. Professional responsibility entails not only a disposition, but a cluster of virtues. Some of these relate to the profession, some to the person qua person. Professional integrity depends in part on the maintenance of appropriate skills at the highest level. To be au courant , one must be abreast of the current literature in the field, and perhaps be a regular attendee at conventions and other updating sessions . While the maintenance of professional skills is of the highest priority, technique alone is rarely sufficient for success in the long run. There is an obligation to know the truth about one’s profession. One needs...