Preparing Australia's future lawyers: an exposition of changing values over time in the context of teaching about ethical dilemmas

This study investigated what values may be influential to decision making in relation to ethical behaviour for early career lawyers. It adopted a longitudinal approach to investigate how values develop or degrade over time as final year law students move into their first two years of employment or further study. To this end, the study investigated the role that tertiary education and employers fulfill in building and perpetuating ‘appropriate’ professional values? Results demonstrate that, in general, ethical behaviour was not uniformly reinforced over time in the workplace. The undertaking of pro bono work stands out here. Results suggested that certain behaviour relevant values may develop or degrade over the early years of the Australian lawyer's career. The implications of results are discussed in the contexts of ethics education in a tertiary context and the continuing education and regulation of the legal profession.

Ethical dilemmas of a large national multi-centre study in Australia

Aims and objectives: To examine the impact and obstacles that individual Institutional Research Ethics Committee (IRECs) had on a large-scale national multi-centre clinical audit called the National Benchmarks and Evidence-based National Clinical guidelines for Heart failure management programmes Study.

Background: Multi-centre research is commonplace in the health care system. However, IRECs continue to fail to differentiate between research and quality audit projects.

Methods: The National Benchmarks and Evidence-based National Clinical guidelines for Heart failure management programmes study used an investigator-developed questionnaire concerning a clinical audit for heart failure programmes throughout Australia. Ethical guidelines developed by the National governing body of health and medical research in Australia classified the National Benchmarks and Evidence-based National Clinical guidelines for Heart failure management programmes Study as a low risk clinical audit not requiring ethical approval by IREC.

Results: Fifteen of 27 IRECs stipulated that the research proposal undergo full ethical review. None of the IRECs acknowledged: national quality assurance guidelines and recommendations nor ethics approval from other IRECs. Twelve of the 15 IRECs used different ethics application forms. Variability in the type of amendments was prolific. Lack of uniformity in ethical review processes resulted in a six- to eight-month delay in commencing the national study.

Conclusions: Development of a national ethics application form with full ethical review by the first IREC and compulsory expedited review by subsequent IRECs would resolve issues raised in this paper. IRECs must change their ethics approval processes to one that enhances facilitation of multi-centre research which is now normative process for health services.

Relevance to clinical practice: The findings of this study highlight inconsistent ethical requirements between different IRECs. Also highlighted are the obstacles and delays that IRECs create when undertaking multi-centre clinical audits. However, in our clinical practice it is vital that clinical audits are undertaken for evaluation purposes. The findings of this study raise awareness of inconsistent ethical processes and highlight the need for expedient ethical review for clinical audits.

An exploratory study of ethical dilemmas faced by academic leaders in three Australian universities

Being an academic in universities today is characterised by change and increasing complexity in response to a multitude of factors impacting on the university sector. Among the consequences of such changes are that many academics, and academic leaders in particular, are subjected to both increasing stress and scrutiny in many of the decisions they make. Some of these decisions require critical choices that involve contestation of values (including personal, professional, institutional, and community), resulting in ethical dilemmas for the decision makers. This article reports on an exploratory study into ethical dilemmas faced by middle-level academic leaders, drawing on the results of an on-line survey distributed to relevant academics in three universities in Australia. Here, middle-level academic leaders are defined as those holding course coordination roles, locating them between senior university staff and other academics on the one hand, and students on the other hand. As a consequence, these diverse groups of staff and students potentially have an array of conflicting interests in, and expectations on, middle-level academics’ decision-making processes. The findings of the study are clear: ethical dilemmas are evident, and commonly so, for many middle-level academic leaders. While exploratory in nature, the findings of this study suggest that much more attention to ethics and ethical dilemmas is needed in our universities.

The ethical dilemmas of social networking services in classroom contexts

This chapter explores five ethical dilemmas associated with using Social Networking Sites (SNS) in classrooms. First, do we have the right to colonize or marginalize students’ out of school social networking practices in the classroom? Second, should we access students’ out of classroom virtual identities from their SNS in a classroom context? Third, should we be engaging students’ social networking in public performances of the curriculum? Fourth, are we prepared for recognising and responding to illicit activity in SNS? Fifth, do teachers understand the implications of exposing their out of school identities to their students who inhabit the same social network? The authors do not dispute that SNS in the classroom can be a rich site for learning, but they argue that the concept of ethics as a process of analyzing and respecting the other is essential if we are to responsibly engage with SNS in the classroom.

(Un)ethical practices and ethical dilemmas in universities : academic leaders’ perceptions

In this paper we report on the qualitative component of a study that explored middle-level academic leaders’ experiences of (un)ethical practices and ethical dilemmas in their daily work. An electronic survey was distributed to academic leaders from universities across three Australian states. There are three major findings in this study. First, the messy context of universities is providing a fertile ground for ethical dilemmas to flourish. Second, the two main categories of unethical practices identified by participants were academic dishonesty and inappropriate behaviour towards staff and students. Third, the ethical dilemmas that emerged focused on the academic leaders’ strong sense of professional ethics that were in conflict with an ethic of care, supervisors’ directives, and the rules and policies of the organisation.

How the observed create ethical dilemmas for the observers: experiences from studies conducted in clinical settings in the UK and Australia

Observational research has a history of controversy, particularly when the research is conducted in a clinical setting. Existing ethical approval processes focus on protecting participants and the researcher's responsibilities, in particular where vulnerable populations are concerned. In this study, the authors explored the less overt and often understated ethical challenges that can arise when conducting observational research in a clinical setting. Reflecting on two recent studies conducted in different clinical settings, the authors described the challenges of blurring role boundaries, the risk of collecting redundant data, and the impact of reverse power relationships between researchers, clinicians, and managers. From their experiences, the authors suggested that the preparatory work undertaken with clinicians and managers onsite, which typically focuses on how the researchers will maintain the ethical robustness of the research and protect the rights of participants and the vulnerable, should also highlight the sometimes overlooked ethical issues associated with participatory research. This can help ensure that participants and managers understand the scope and limitations of the research, and consider the ways in which the observed can influence the researcher and the findings.

Silences of ethical practice: dilemmas for researchers using social media

Social media, such as social network sites and blogs, are increasingly being used as core or ancillary components of educational research, from recruitment to observation and interaction with researchers. However, this article reveals complex ethical dilemmas surrounding consent, traceability, working with children, and illicit activity that we have faced as education researchers for which there is little specific guidance in the literature. We believe that ethical research committees cannot, and should not, be relied upon as our ethical compass as they also struggle to deal with emerging technologies and their implications. Consequently, we call for researchers to report on the ethical dilemmas in their practice to serve as a guide for those who follow. We also recommend considering research ethics as an ongoing dialogical process in which the researcher, participants, and ethics committee work together in identifying potential problems as well as finding ways forward.

Lawyers and ethics in practice : the impact of clinical and ethics curricula on lawyers’ ethical decision-making

The authors have conducted a longitudinal study exploring the relationships between values and ethical behaviour for early-career legal practitioners. The study comprised a representative Australian cohort of final-year law students and tracked them through their first two years of employment or further study. It examined changes to ethical decision-making by presenting participants with hypothetical scenarios that provided ethical dilemmas. A questionnaire utilising hypothetical situations was presented in 11 scenarios. This chapter examines responses to the scenarios across the three years of the study, particularly exploring changes over time. Of particular interest were the effects of gender and prior ethics education on changing responses. Findings suggested significant differences between males and females in their ethical responses. They also suggested that involvement in clinical practice, in particular during the law degree, may have a positive impact on future willingness to assist access to justice (insofar as such lawyers were more inclined to participate in later pro bono activity).

Ethical relativism vs absolutism : research implications

Purpose – The constructs of relativism and absolutism have a significant role to play in the development of ethical theory; however, they are commonly simplified in their depictions and are philosophically more complex than we give them credit for. The purpose of this paper is to undertake an in-depth examination of ethical relativity and ethical absolutism before concluding with a discussion of which research implications warrant further investigation.
Design/methodology/approach – A descriptive, historical, anthological approach has been taken.
Findings – Ethical relativism is regrettably subject to a proliferation of related terminology and, in many instances with different meanings ascribed to similar terms. In addition, ethical relativity appears to attract different research perspectives that are heavily dependent on their academic origins. A clear distinction needs to be made between ethical and situational relativity. It is suggested that relativism is present in the process of moral justification and that ethical relativism should be analyzed from three levels: the individual level, the role and group level, and the cultural levels. The over-riding objection to ethical relativism rests on the consequences of accepting relativism, which undermines the existence and strength of global moral standards and the inherent positioning of ethical absolutism. Absolutism does not deny the existence of multiple moral practices evident around the world, but proposes that variations in ethical actions could still be rooted in common universal moral standards based on our requirements as human beings and the necessities of long-term survival.
Research limitations/implications – The ensuing discussions of relativism and absolutism open up a rich vein of research opportunities and suggest caution is required in regard to research methodologies. From a methodological perspective, care needs to be taken. For example, using hypothetical ethical dilemmas that are often unrelated to a specific industry or cultural setting has resulted in many researchers observing situational relativity rather than true ethical relativity.
Originality/value – This paper specifically examines whether there are differences in underlying and basic moral standards even though similarities in ethical behaviour have been determined, or whether differing ethical actions could, as the absolutists believe, originate from common universal standards despite apparent differences in perceptions and actions across cultures.