Eminent Domain and Engineering Ethics

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equack Posted: Tue, Feb 24 2009 9:08 PM

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This topic is more suited for a philosophy section as it deals with ethics, however, seeing as there isn't one on the Mises Forums yet, I feel justified posting it in the Political Theory section.

So heres the deal, I've chosen a case to analyze in my engineering ethics class dealing with eminent domain. The facts are the case are simple. Bruce Carson works for a civil engineering firm and is tasked with designing a highway connecting two cities. The shortest route is 20 minutes, however, there is a farmhouse owned by the Jones that stands in the way. The next best route is 2 hours. Should Bruce recommend eminent domain to the state?

This question almost begs the application of libertarian political philosophy, namely the theory of natural rights to be applied to it. However, the way the question words itself seems to steer away from a political debate and moreso place it upon analyzing the morality of the engineer (This is engineering ethics after all). Analyzing this further philosophically, can an engineer recommend an immoral action? My answer would be no and I think its sufficient to use the Rothbardian/Lockean approach to property rights to show why eminent domain is immoral.

Of course, a good presentation on property rights is not complete without a criticism of utilitarianism so such will be featured. Also, I wish to kill 3 birds with one stone, so along with utilitarianism, I will take down Pareto and Kaldor-Hicks efficiency as well and criticize public goods trying not to steer that far away from engineering ethics.

My question is whether my analysis seems sufficient to answer the question. The phrasing almost seems to contain a presupposition where the state's ability to use eminent domain is legitimate. However, ethics is a normative discipline and positive law has no place whatsoever in the analysis. Have I left anything out of the analysis or any points which I didn't mention regarding the case?

Another issue I have regarding this case as well as other cases is more basic. How do we derive a system of engineering ethics within a libertarian society? Or, is engineering ethics and libertarian political philosophy independent of one another? It seems there is at least one connection and it comes from the fact that an engineer is a human and is subject to the natural law and its subsequent deductions. Therefore, he cannot violate an individual's natural rights. However, it doesn't fulfill the flipside of engineering which is making practical solutions to problems (that well, work!).

Thanks for your assistance, its greatly appreciated.

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bearing01 replied on Tue, Feb 24 2009 11:21 PM

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It's been 9 years since I completed the P.E. exam and I did it in Canada (P.Eng) and I fortunately have not been in a situation since then to crack open the book.  I therefore can't help but could probably guide you through how I would answer the question.

Stick with the ethical maxims / principles in your text book.  Don't go into Rothbard or libertarian philosophy.  Chances are your prof has no clue about Rothbard or that stuff.  Your prof will be looking for you to argue and reason using the principles in your text book.

There are several ethical laws.

1. Mill's utilitarianism (best choice is that which produces the maximum benefit for the greatest number of people)

2. Kant's Formalism, or duty ethics (everyone has a duty to act in an ethical manner applying good-will and following one's conscious).

3. Locke's Rights Ethics (One has rights due to their existance of being human: right to life, maximum possible individual liberty, human dignity, to benefit from the fruits of one's labor, basic human rights).  Then through either the rights granted to you via the Constitution (or the Canadian Charter of Rights and Freedoms) you have rights/freedom to religion, thought, opinion and legal rights to liberty, life, security.... property?

4. Aristotle's Virtue Ethics (The goodness of an act depends on the function or goal - Applied to moral problems by examining extremes of excess & deficiency and seeking a comprimise / happy medium).

Then typically when you start to apply these maxims you will get conflicts between the laws.  You have to logically deduce / reason the proper outcome by considering the big picture.  For example, as an Engineer you have duties to not perform any illegal act, duty to not perform an act that while may not conflict with the code of ethics may conflict with one's conscience or moral code. 

I am sure there are property rights laws that you cannot infringe upon and must respect / uphold.  If it is in your best interest to put the road through the owners property then you would have to attempt to negotiate an proposition that is acceptable to both the county and the property owner, such as buying or leasing his land - theft or confiscation is not an option.  If it is determined that you cannot use the private property then your road contract proposal may end up not feasible considering going through the private property is NOT an option.  It never was an option.