A Note on Civil Disobedience and Professional Ethics Codes

Abstract

In her exemplary book The Ethical Archivist, Elena S. Danielson devotes a chapter to professional ethics codes and points out that "[m]any informed observers do not feel that complying with the law has any place in a statement on ethics since laws enforce existing power relationships, which may be unfair" (p. 45). I will argue that including civil disobedience principles in ethics codes may be preferable to rejecting legal compliance as a consideration.First, a few words about the purposes of codes of ethics. Do we need them? If not, then we do not need to worry about the legal compliance issue. How many of us ever consult the American Library Association's Code of Ethics, or the code of the Society of American Archivists? Do such professional codes really provide useful guidance in making difficult ethical decisions? While these empirical questions are often raised, they do not address what I regard as the principal value of a professional code of ethics. Even if we grant an argument that it is impossible for a professional code of ethics to be a useful (not to say perfect) guide to selecting the ethical option that is most just and does the least amount of harm in any given situation, I am persuaded that archivists and librarians should promulgate, observe, and honor their professional codes of ethics because the codes are public statements of values that help define us as professionals. The assertion of these values is an important part of proving ourselves worthy of the trust and respect we seek from our peers, patrons, funding agencies, governing and government officials, members of the general public, etc. Adoption of an ethical code is a hallmark of most professions because the very existence of the code is a stipulation of obligations beyond self-interest. The fact that an ethics code is not a simple and infallible means for choosing between different options does not show that the code has no value. A code of ethics is a public assertion that the profession takes its obligations seriously.Thinking of a professional code of ethics as a statement of values and obligations, we return to the question of whether within those statements there should be any consideration of legal compliance. Setting aside the occasional circumstances where old laws remain in force primarily because no one remembers they exist or notices they no longer serve a purpose, it seems undeniable that current laws may enforce existing power relationships. Certainly some or many laws may be in place to protect minorities and mitigate oppression, but for the purposes of our discussion we are concerned with the conditions where those without power, or with little power, are unable to put into place and enforce laws that are not favored by those who do have power. But does it follow that oppressive, dictatorial, unjust governments never pass just laws? Obviously not, and for the sake of the well-being of oneself and one's fellow citizens it would be best, for example, to obey the traffic laws even while engaging in efforts to improve or change an unjust government. Surely, arguing otherwise would make one appear so irresponsible that it would be difficult to recruit more participants in the effort to change the government. If this seems a trivial point, let us recall we are considering the position that considerations of legal compliance have no place in a code of ethics. If we are to take that claim literally, then we are entitled to ask when and why non-compliance with just laws is in the best interests of the society. Arguing that some laws may lead to injustice or reinforcement of unfair power relations simply dodges the issue and ignores the possibility that in some ethical situations, there may be laws in place that provide excellent guidance for taking actions which maximize justice and minimize unfortunate consequences. The most sensible approach is to acknowledge the possibility that current laws can help or hinder when seeking the best ethical alternatives, and as professionals we will put such considerations under careful scrutiny. …