CHRONOLOGY OF NIGERIAN DECREES - 1992

Chronology of Statutes Laws of the Federation 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

CHRONOLOGY OF NIGERIAN DECREES - 1992

Decree No.	Short Title	Commencement	Promulgation	Effect	Comments
1.	State Government (Basic Constitutional and Transitional Provisions) (Amendment) Decree	20-01-92	20-01-92	Amended Decree No.50 of 199.	Repealed by Decree No. 10 of 1993
2.	Customs, Excise Tariff, Etc (Consolidation) (Amendment) Decree	01-01-92	01-01-92	Amended Cap 88 of LFN to give concessionary duty to CKD parts
3.	National Housing Fund Decree	31-01-92	31-01-92	Established NHF
4.	State Government (Basic Constitutional and Transitional Provisions) (Amendment, Etc.) (No. 2) Decree	06-12-91	06-02-92	Allowed Governors to appoint Commissioners without recourse to State Houses of Assembly.	Repealed by Decree No. 110 of 1993
5.	Review Tribunals (Implementation of Decisions) (Amendment) Decree	01-01-92	01-01-92	Amended Cap 393 of LFN
6.	Participation in Politics and Elections (Miscellaneous Provisions) (Amendment) Decree	20-01-92	01-01-92	Amended Decree No. 48 of 1991
7.	Federal Lands Registry (Miscellaneous Provisions) Decree	14-02-92	14-02-92	Established a Federal Lands Registry
8.	Legal Education (Consolidation, Etc) (Amendment) Decree	24-02-92	24-02-92	Amended Cap 206 of LFN to allow non-Nigerians hold qualifying certificate of Council for Legal Education
9.	Legal Practitioners (Amendment) Decree	24-02-92	24-02-92	Amended Cap 207 of LFN to provide for non-citizens of Nigeria to be called to the Bar
10	Constitution of The Federal Republic of Nigeria (Promulgation) (Amendment) Decree	06-03-92	06-03-92	Amended Cap 63 of LFN to postpone commencement to 02-01-93	Repealed by Decree No 107 of 1993
11	Assets (Title Vesting and Validation) (Mr. J.H. Bassey) Decree	04-07-79	16-03-92	Validated Title of FMG over assets of Mr. J.H. Bassey
12	National Planning Commission Decree	26-03-92	26-03-92	Established the National Planning Commission	Repealed by Decree No. 71 of 1993
13	Customs, Excise, Tariff, Etc. (Miscellaneous Provisions) Decree	24-03-92	30-03-92	Granted concessions of Economic Relief Measures by FMG
14	Concord Group of Newspapers Publications (Proscription and Prohibition from Circulation) Decree	09-04-92	09-04-92	Banned and sealed up the Concord Group of Newspapers and premises	Repealed by Decree No. 17 of 1992
15	National Drug Law Enforcement Agency (Amendment) Decree	16-03-92	16-03-92	Amended Cap 253 of LFN to allow NDLEA bear arms and have powers and privileges of Nigerian Police Force
16	Federal High Court (Amendment) Decree	01-01-92	11-05-92	Amended Decree No.60 of 1991
17	Concord Group of Newspapers Publications (Proscription and Prohibition from Publication) (Repeal) Decree	11-05-92	11-05-92	Repealed Decree No.14 of 1992
18	National Assembly (Basic Constitutional and Transitional Provisions) Decree	01-06-92	01-07-92	Provided for election of members of National Assembly	Repealed by Decree No. 60 of 1993
19	Transition to Civil Rule (Political Programme) (Amendment) Decree	06-03-92	06-03-92	Amendment of sixth schedule of Cap 443 of LFN
20	Transition to Civil Rule (Federal Judicial Service Commission) Decree	12-05-92	12-05-92	Established the Federal Judicial Service Commission and repealed Section 15 of Cap 64 of LFN
21	Association of Individuals (Dissolution and Proscription, Etc) Decree	19-05-92	19-05-92	Proscribed certain bodies formed to propose candidates for election to political office	Repealed by Decree No. 63 of 1999
22	Transition to Civil Rule (Political Programme) (Amendment) (No.2) Decree	22-07-92	22-07-92	Amended Decree No. 19 of 1992 and Cap 443 of LFN to provide details of the Transition programme
23	Oil Mineral Producing Areas Development Commission Decree	09-07-92	09-07-92	Established OMPADEC	Repealed by Decree No.41 of 1998
24	Academic Staff Union of Universities (Proscription and Prohibition from Participation in Trade Union Activities) Decree	22-07-92	22-07-92	Proscribed and Prohibited ASUU from Participating in Trade Union activities	Repealed by Decree No 63. of 1999
25	Customs, Excise, Tariff, Etc (Miscellaneous Provisions) (No.2) Decree	24-03-92	26-06-92	Amended Cap 88 of LFN and Decree No.13 of 1992 to give customs duty concessions
26	National Population Commission (Amendment) Decree	30-06-92	30-06-92	Amended Cap 270 of LFN and Decree No.31 of 1991
27	Engineers (Registration, Etc.) (Amendment) Decree	26-06-92	26-06-92	Amended Cap 110 of LFN to create 3 additional cadres in the Engineering profession
28	Appropriation Decree	20-08-92	20-08-92	Provided for issue of funds from Consolidated Revenue Fund
29	National Primary Health Care Development Agency Decree	26-06-92	26-06-92	Established National Primary Health Care Development Agency
30	National Archives Decree	08-07-92	08-07-92	Repealed Cap 376 of LFN
31	National Institute for Sports Decree	08-07-92	08-07-92	Established N.I.S.
32	State Government (Basic Constitutional and Transitional Provisions) (Amendment) (No. 3) Decree	09-07-92	09-07-92	Amended Decree No.50 of 1991 to limit number of Commissioners to 7	Repealed by Decree No 10 of 1993
33	National Agency for Science and Engineering Infrastructure Decree	01-01-92	13-07-92	Established NASEI and programmes towards National Science and Technology Policy
34	Nnamdi Azikiwe University Decree	15-07-92	15-07-92	Provided for FMG take-over of the University in Awka, Anambra State
35	Federal Road Safety Commission (Amendment) Decree	26-06-92	26-26-92	Amended Cap 141 of LFN to vest special powers to bear arms in FRSC members.
36	National Assembly (Basic Constitutional and Transitional Provisions)(Amendment) Decree	31-08-92	31-08-92	Amended Decree No.18 of 1991 to provide quorum of Election Tribunals	Repealed by Decree No 60 of 1993
37	Presidential Primary Elections (Basic Transitional Provisions) Decree	24-08-92	24-08-92	Provided for conduct of Presidential Primaries
38	National Broadcasting Commission Decree	24-08-92	24-08-92	Established NBC
39	Forfeiture of Assets (Release of Certain Forfeited Properties, Etc) Decree	14-09-92	14-09-92	Released forfeited properties back to Mr. Edwin K. Clark
40	Companies and Allied Matters (Amendment) Decree	02-07-92	02-07-92	Amended Cap 59 of LFN
41	Nigerian Postal Service Decree	01-07-92	27-09-92	Repealed Cap 322 of LFN
42	National Commission for Women Decree	07-12-89	21-08-92	Repealed Cap 246 of LFN and re-enacted a new Decree
43	Civil Disturbances (Special Tribunal) (Amendment) Decree	26-05-92	26-05-92	Amended Section 2 of Cap 53 of LFN
44	National Assembly (Basic Constitutional and Transitional Provisions) (Amendment) (No. 2) Decree	24-11-92	24-11-92	Amended Decree No.18 of 1992	Repealed by Decree No 63 of 1990
45	Board of Customs and Excise Decree	01-06-92	01-06-92	Established Board of Customs and Excise	Amended by Decree No 99 of 1993
46	Community Banks Decree	28-04-90	04-06-92	Established National Board for Community Banks
47	Trade Disputes (Amendment) Decree	01-01-92	29-10-92	Amended Cap 432 of LFN to oust jurisdiction of courts
48	Federal Universities of Agriculture Decree	02-11-92	02-11-92	Established Universities of Agriculture
49	National Steel Raw Materials Exploration Agency Decree	14-09-92	14-09-92	Established NSRMEA
50	National Metallurgical Development Centre Decree	27-09-92	27-09-92	Established NMDC
51	Urban Development Bank of Nigeria Decree	02-01-92	11-01-92	Established Urban Development Bank of Nigeria PLC
52	Transition to Civil Rule (Political Programme) (Amendment) (No.3) Decree	17-11-92	02-12-92	Further Amended No.17 of 1987 – Cap of LFN to provide another revised transition programme
53	National Assembly (Basic Constitutional and Transitional Provisions) (Amendment) Decree	02-12-92	02-12-92	Amended Decree No.18 of 1992 to provide for legislative functions of National Assembly	Repealed by Decree No. 60 of 1993
54	Constitution (Suspension and Modification) (Amendment) Decree	02-01-93	02-12-92	Amended Decree No.1 of 1984
55	Revised Edition (Laws of the Federation of Nigeria ) (Supplementary Provisions) Decree	30-07-91	01-12-92	All laws to be continued to be referred to as Decrees
56	Constitution of the Federal Republic of Nigeria (Promulgation) (Amendment) (No.2) Decree	17-11-92	27-11-92	Amended Cap 63 of LFN
57	Transition to Civil Rule (Disqualification and Prohibition of Certain Presidential Aspirants) Decree	17-11-92	24-11-92	Banned and disqualified certain Presidential aspirants	Repealed by Decree No.42 of 1993
58	Institute of Personnel Management of Nigeria Decree	23-11-92	23-11-92	Established IPMN
59	Federal Environmental Protection Agency (Amendment) Decree	02-08-92	02-08-92	Amended Cap 131 of LFN
60	Centre for Democratic Studies Decree	24-11-92	24-11-92	Established CDS	Repealed by Decree No.14 of 1996
61	Community Health Practitioners (Registration, Etc.) Decree	24-11-92	24-11-92	Established Board of control of practice of Profession of Community Health
62	Insurance Special Supervision Fund (Amendment) Decree	23-11-92	23-11-92	Amended Cap 184 of LFN	Repealed by Decree No. 1 of 1997
63	Nigeria Export Processing Zones Decree	19-11-92	19-11-92	Repealed Decree No.34 of 1991
64	Nigerian Export Promotions Council (Amendment) Decree	19-11-92	19-11-92	Amended Cap 306 of LFN
65	Export (Incentives and Miscellaneous Provisions)(Amendment) Decree	19-11-92	19-11-92	Amended Cap 118 of LFN
66	Consumer Protection Council Decree	23-11-92	23-11-92	Established CPC
67	Trade Malpractices (Miscellaneous Offences) Decree	23-11-92	23-11-92	Set up Special Trade Malpractices Investigation Panel
68	Nnamdi Azikiwe University Teaching Hospital Decree	10-09-92	10-09-92	Renamed Anambra State University of Technology Hospital Management Board
69	Births, Deaths, Etc. (Compulsory Registration) Decree	14-12-92	14-12-92	Provided for a comprehensive procedure for the registration of births, deaths etc.
70	Forfeiture of Assets (Release of Certain Forfeited Properties,Etc.) Decree	23-11-92	23-11-92	Released forfeited properties to Dr. A.A. Bailey
71	Sea Fisheries Decree	30-11-92	30-11-92	Repealed Cap 404 of LFN
72	National Agricultural Seeds Decree	23-11-92	23-11-92	Established NASC
73	Constitution (Suspension and Modification) (Amendment) (No.3) Decree	10-10-92	10-10-92	Amended Cap 62 of LFN to allow Dual Nationality
74	Maritime Operations Co-ordinating Board Decree	24-11-92	24-11-92	Established MOCB for effective control of Nigerian Maritime operations
75	Nigerian Communications Commission Decree	24-11-92	24-11-92	Established NCC and regulatory body for Telecommunications
76	Chartered Institute of Taxation of Nigeria Decree	30-11-92	30-11-92	Established CITN to determine standards of proposed members of CITN etc
77	Legal Practitioners (Amendment) (No.2) Decree	14-09-92	14-09-92	Amended Cap 207 of LFN and Decree No.9 of 1992 to limit privileges conferred on Life members of Body of Benchers
78	Medical and Dental Practitioners (Amendment) Decree	30-09-92	30-09-92	Amended Cap 221 of LFN to allow MDPC to control homeopathy and alternative medicine
79	Abubakar Tafawa Balewa University Bauchi Decree	01-01-88	18-11-92	Established ATBU Bauchi
80	Customs, Excise, Tariff, Etc (Consolidation) (Amendment) (No.2) Decree	01-01-92	01-01-92	Amended Decree No.1 of 1988, and gave duty reductions
81	Nigerian Tourism Development Corporation Decree	14-12-92	14-12-92	Established NTDC
82	National Office of Industrial Property (Change of Name, Etc.) Decree	19-06-91	30-11-92	Redesignated NOIP as NOTAP
83	Nursing and Midwifery (Registration, Etc) (Amendment) Decree	30-11-92	30-11-92	Amended Cap 332 of LFN
84	Armed Forces (Certain Rented Accommodation) (Enforcement and Validation) Decree	01-12-92	01-12-92
85	Nigerian Press Council Decree	10-12-92	10-12-92	Established NPC and Repealed Decree No.59 of 1988 – (Cap 316 of LFN)
86	Environmental Impact Assessment Decree	10-12-92	10-12-92	Set out procedure and methods for EIA and gave FEPA powers to facilitate EIA
87	News Agency of Nigeria (Amendment) Decree	10-12-92	10-12-92	Amended Cap 290 of LFN
88	Nigerian Urban and Regional Planning Decree	15-12-92	15-10-92	Established Urban and Regional Planning Authorities.Repealed Town and Country Planning Act
89	National Council on Inter-Governmental Relations Decree	15-12-92	15-12-92	Established NCIR to monitor operation of Federal System	Repealed by Decree No.15 of 1996
90	Fertilizer (Control) Decree	15-12-92	15-12-92	Controlled sale of fertilizer
91	Pharmacists Council of Nigeria Decree	15-12-92	15-12-92	Established PCN
92	National Agricultural Land Development Authority Decree	07-05-92	15-12-92	Established NALDA
93	Advertising Practitioners (Registration, Etc) (Amendment) Decree	15-12-92	15-12-92	Amended Cap 7 of LFN
94	Constitution (Suspension and Modification) (Amendment) (No.2) Decree	28-12-92	28-12-92	Amended Decrees No.1 of 1984 and No.54 of 1992	Superseded by Decree No 107 of 1993
95	Constitution (Suspension and Modification) (Amendment) (No.4) Decree	28-12-92	28-12-92	Amended Decrees No.1 of 1984 and No.54 of 1992	Superseded by Decree No 107 of 1993
96	Nigerian National Merit Award Decree	28-12-92	28-12-92	Repealed Cap 319 of LFN and specifies privileges of recipients of NMA
97	National Committee Against Apartheid Decree	28-12-92	28-12-92	Repealed Cap 409 of LFN established NCAA to replace Southern Africa Relief Fund	Repealed by Decree No.23 of 1995
98	Copyright (Amendment) Decree	28-12-92	28-12-92	Amended Cap 68 of LFN
99	Counterfeit and Fake Drugs (Miscellaneous Provisions) (Amendment) Decree	30-12-92	30-12-92	Amended Cap 73 of LFN	Repealed by Decree No 25 of 1999
100	Institute of Public Analysts of Nigeria Decree	30-12-92	30-12-92	Established IPAN
101	Nigerian Football Association Decree	12-05-92	30-12-92	Established NFA and repealed NFA Decree No.10 of 1990
102	Nigerian Professional Football League (Repeal, Etc) Decree	30-12-92	30-12-92	Repealed NFA Decree No.11 of 1990 and dissolved Nigerian Professional Football league
103	Chartered Institute of Administration Decree	30-12-92	30-12-92	Established Chartered Institute of Administration
104	Utilities Charges Commission Decree	30-12-92	30-12-92	Established UCC
105	Chartered Institute of Stockbrokers Decree	02-08-92	02-08-92	Established the Chartered Institute of Stockbrokers
106	University of Abuja Decree	01-01-88	31-12-92	Establishment, Incorporation and due administration of University of Abuja
107	Centre for Automative Design and Development Decree	10-07-92
108	Inland Fishries Decree	28-12-92
109	Bankruptcy Amendment Decree	28-12-92

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Ethics

There is a pervading crisis of confidence and trust in the global corporate culture. Trust has been ruptured between many organizations and their constituencies. Yet trust is at the basis of every relationship. The loss of trust leads to the loss of reputation and, ultimately, to the loss of business. Furthermore, ethical lapses can have substantial financial consequences for corporations with very costly litigation and government fines.

Recent corporate scandals and new legislation such as Sarbanes-Oxley and the Federal Sentencing Guidelines as well as government regulations and public scrutiny have made it imperative for corporations and not-for-profit institutions to develop and implement ethics programs. These programs can dramatically reduce fines imposed on companies found in wrongdoing. The Federal Sentencing Guidelines state that judges can reduce or multiply fines depending on whether or not a company has an effective ethics program.

Ruder Finn, the independent global public relations agency, has been, since its early years, deeply concerned with and committed to ethics in the workplace. Ethics has always been an integral part of its corporate structure. Since its early beginnings, the firm has had an Ethics Committee to address ethical issues facing the company by analyzing them carefully and examining the consequence of different courses of action. The firm has developed an internal ethics program that has allowed Ruder Finn's management to make critical decisions in resolving ethical issues.
Ruder Finn now offers ethics consulting to its existing and prospective clients. The new service can help them develop effective programs specific to their industry, company and culture.

Clear communication is key in developing ethics programs. Effective communications can convey to stakeholders, such as employees, the community and the government, the company's values and commitment to ethical behavior.

An effective ethics program can help foster an ethical culture throughout the organization. The development of an ethics culture within a company can not only prevent wrongdoing from taking place, but can also increase morale, loyalty and productivity.

What do gifts and bribes have to do with ethics?

Political decisions are supposed to be made on the merits of the case, not based on whether or not the decision maker has received a lovely case of wine from one of the parties. This is a simple matter of fairness. When decision makers take gifts, even if their votes are not influenced, they give the appearance of being on the take, which undermines public confidence in government.
What ethical dilemmas do gifts and bribes present?

People do not go into government work to make a lot of money. Especially at the local level, elected officials may receive only token payment for the number of hours they put into the job. In this context, it is tempting to say that tickets to the local performing arts center or sporting arena are well-deserved perks of office. Some even argue that attending such events is part of the job and crucial to understanding the experience of citizens who use these venues.

On the other side, such gifts may well influence officials when they need to determine whether the performing arts center should expand or whether the arena can add retail outlets that local businesses oppose. Also, such gifts can create a slippery slope, with officials coming to expect VIP treatment and making local businesses feel coerced into offering it so that they can receive a fair hearing.

By the same token, it is incumbent upon businesses to comply with government regulations on gift giving. While it may be common in the private sector to acknowledge important customers with extravagant holiday gifts, this practice is disallowed in the public sphere; the gravel company that tries to reward the mayor of a city that has made a big purchase with 10 pounds of expensive chocolate simply puts the mayor in the awkward position of returning the gift.


Corporate Ethics & Gift Giving

Corporate Ethics & Gift Givingthumbnail Corporate gift giving is restricted by policy and tax laws.

Corporate ethics can involve complicated areas where both impressions and laws affect business decisions. Giving giving, a common practice by corporations, is one of these areas where companies must pay attention to how a gift to a client may be interpreted. Most large companies have specific policies regarding the giving and receiving of gifts from other businesses.

   1. Gifts

 A gift in the business world is a spontaneous gesture from one business to another (or to different employees in the same business), usually through two contacts from either business. Gifts can take many forms, from monetary donations to gift certificates and objects such as food. Gifts are defined largely by their independence. A gift is not given as part of a program or as an agreement between two people--this is known as an incentive, which is more typical between employer and employees.
    
 Company Policies
        Company policies governing gift giving are typically very specific so that those in marketing and business relations understand their boundaries. Some business industries have a complete ban on gifts. These businesses, such as insurance companies, retail stores and medical centers, cannot afford to have any gift resemble a bribe in any way and simply refuse to accept them. Other businesses limit the value of the gifts they give or receive, and the situations in which gifts can be given.
    
 Improper Gifts
    Gifts should never be offered during a bidding process, even if the bidding falls during a holiday event such as a Christmas function or Independence Day barbecue. These are always seen as bribes, and in general gifts should not be given to a company if the business is still in negotiations over a contract or offer. Expensive gifts such as cars should also be avoided, especially when offered to executives. Businesses giving gifts can use company policy as a guideline, but should also avoid giving the wrong impression.
   
 Giving Practices
  Gifts should be given on appropriate occasions, such as at holidays, and should always mirror the type of relationship the businesses have. A long-term client may deserve a more personal or expensive gift than a new client. Gifts should match the styles and tastes of the client, but also be within the proper bounds of a business relationship. Personal touches such as a written card can often create a favorable impression no matter the cost of the gift itself.
   
 Taxes
 The Internal Revenue Service allows businesses to deduct a business gift costing up to $75, which provides many companies with a useful rule when money is spent on gifts. However, typically gifts over $25 count as taxable income when given to employees, so most in-business gifts fall below this amount.

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References

    * Motivation Network: Present Perfect: The Art of Corporate Gift Giving
    * University of Tennessee at Martin: Approaches to Business Ethics
    * Texas A&M University: Accepting Gifts And Amenities

When is it ethical to accept a gift?

AAOS guidelines make clear that support from industry must have educational value and improve patient care.

by David Apple, MD

 The dictionary defines a gift as something that is bestowed voluntarily and without compensation. Gifts are often given in appreciation, as thanks, or in response to a favor. Many gifts are given freely and with no strings attached; however, with some gifts there may be an expectation for something in return.

Accepting such gifts frequently or carelessly can lead to abuse and an ethical dilemma for physicians. Test your “Ethics IQ” on accepting gifts by answering the following true/false questions:

   1. When attending a drug company dinner and educational presentation, you can accept a Mont Blanc pen as a favor.       True or False?

   2. An equipment company sponsoring a course offers to pay your fellow’s expenses to the course. You cannot accept the offer.       True or False?

   3. You are invited to lunch and a tennis game to discuss a new NSAID. You can accept the invitation.
      True or False?

   4. You are invited to be an all-expenses-paid lecturer at a company-sponsored course. You will also receive an honorarium. You can accept the invitation.       True or False?

   5. A company representative volunteers to bring lunch for your staff if the physicians attend. You can accept the offer.       True or False?
The correct answers
1. False: Attending a drug company dinner with an educational presentation is within ethical guidelines, but accepting a Mont Blanc pen, which has a value of around $100, would be unacceptable.

   2. False: A company can provide money for an educational course that can be designated for resident and fellow attendance, but the entity developing the course content also must maintain the authority to determine those who may attend utilizing funds provided by the company.

   3. False: A reasonably priced lunch with a discussion of a new NSAID would be acceptable, but adding a recreational event would make this ethically unacceptable.

   4. True: An invitation to be a lecturer with all expenses paid for a company-sponsored course that also provides an honorarium is acceptable under the guidelines of the academy’s statement on ethics as well as AdvaMed’s Code of Ethics, the ethical consortium for industry.

   5. True: It is acceptable for a company representative to bring lunch for the office staff if the physicians attend as long as the lunch is of reasonable value and the educational content will benefit the patient care.

Bribery

April 9, 2007

In a recent article in the Financial Times, columnist and legal counsel Patti Walmeir says that: “for decades bribery has just been just another cost of doing business” and that “more companies are now finding that what previously seemed like harmless acts of foreign palm-greasing can cost millions.”

The French company, Total, the world largest oil company is under investigation both in France and in the U.S. for bribing foreign officials and individuals.

The same is true for the German company Siemens, one of the world’s largest electrical and telecommunication company. (Ranked 22 on Fortune Global 500 companies)

What is bribery?

Most likely we were all offered bribes in the earliest part of our lives by…..our parents!

Some say that bribery is a parent’s best tool. Offering child a treat in exchange for induced good behavior does qualify as a bribe.

A bribe is a gift given with the intention to change the behavior of the person in a way that is not consistent with his or her responsibilities.

There is a difference between bribery and extortion. A bribe is offered to obtain a favor but an extortion is a demand made under threat.

Rabbi Asher Meir thinks that there is a difference, (at least a moral difference) between a bribe given to expedite an action that the person would take anyway and one which he or she would not.  It is one thing to bribe a building inspector to expedite the delivery of a permit if the building is in conformity with the building code. It is quite another matter to bribe a building inspector to grant a permit when the building is not in comformity with the code.

Others have a more absolute view.   

The U.S. Government has a clear, comprehensive definition! More than 30 years ago, in 1997, Congress passed the Foreign Corrupt Practice Act (FCPA) that covers every U.S. company or any company that does business in the U.S.

Bribery violates justice and fairness. It also damages trust. As John Jay Hooker said:

“But there will be no justice, there will be no government of the people, by the people, and for the people, as long as the government and its officials permit bribery in any form. “

Who Counts?

Developed by Manuel Velasquez, Claire Andre, Thomas Shanks, S.J., and Michael J. Meyer

For over eight years the three monkeys immobilized in harnesses have sat staring helplessly from their cages. Their paralyzed limbs dangling at their sides have been useless appendages since researchers eight years ago cut their nerves in experiments. According to the director of the National Institutes of Health, they now "give evidence of frequent, unrelievable pain." Experimenters plan next to surgically remove the tops of the monkey's skulls, insert electrodes to take brain measurements, and finally kill them, all as part of a research project on spinal cord injuries financed by the National Institutes of Health.

Clearly, the experimenters would never have done to humans what they did to these monkeys. Their moral principles and ours dictate that inflicting such massive insults is a shockingly abhorrent injustice. But, like some of us, the experimenters apply their principles to humans and not to animals: animals don't count. In fact, one of the most fundamental dividing lines in morality is the one we draw between those who count in our moral considerations and those that don't, or, as ethicists sometimes put it, between those who do and those who don't have moral standing.

What is moral standing? An individual has moral standing for us if we believe that it makes a difference, morally, how that individual is treated, apart from the effects it has on others. That is, an individual has moral standing for us if, when making moral decisions, we feel we ought to take that individual's welfare into account for the individual's own sake and not merely for our benefit or someone else's benefit.

Take, for example, a doctor who attends to the physical welfare of her patients and believes that it would be morally wrong to mistreat them. Suppose that she believes this not because of any benefits she will derive from taking good care of them nor because she is afraid of being sued, but only because she has a genuine concern for her patients' well-being. Her patients have moral standing for her. On the other hand, take a farmer who looks after the welfare of his cows and who also believes that it would be morally wrong to mistreat them. But suppose he believes this only because mistreating them would decrease their milk production and their milk is an essential source of nourishment and income for his family. Although this farmer considers his cows' welfare, he does so only for the sake of his family and not for the sake of the cows themselves. For the farmer, the cows have no moral standing.

The oldest and most prevalent view of who has moral standing is the belief that only human beings have moral standing; only human beings ultimately count in matters of morality. This anthropocentric or "human centered" conviction is usually linked to the idea that only creatures with the capacity to reason (perhaps as expressed through language) have absolute value and consequently they are the only creatures whose well-being ought to be taken into account for their own sakes.

The ancient Greek philosopher Aristotle, for example, viewed nature as a hierarchy, believing that less rational creatures are made for the benefit of those that are more rational. He wrote "Plants exist for the sake of animals, and brute beasts for the sake of man." In a similar vein, the seventeenth century philosopher Immanuel Kant wrote that "So far as animals are concerned, we have no direct moral duties; animals are not self-conscious and are there merely as a means to an end. That end is man." For these thinkers, therefore, only human beings have moral standing, so the welfare of other creatures matters only if they are useful to humans.

The conviction that only human beings ultimately count in morality doesn't imply that we have no moral obligations whatsoever toward nonhumans. Even anthropocentric views hold that it is immoral to destroy plants or animals needlessly since by doing so we are destroying resources that may provide significant benefits to ourselves or to future human generations. Some anthropocentric positions also hold that all cruelty toward animals is immoral because, as the philosopher and theologian Thomas Aquinas put it, "through being cruel to animals one becomes cruel to human beings." Non-humans count, however, only to the extent that the welfare of human beings is affected.

Although every anthropocentric ethic holds that, morally speaking, only humans can matter, there is wide disagreement about exactly which humans matter. Some anthropocentric views hold that any human creature that has at least the potential to be rational has moral standing. According to this view, a fetus has moral standing. Others hold that only those humans who are already rational count morally. From this perspective a fetus doesn't count. Other anthropocentric views claim that both present and future generations of humans count, while still others argue that only currently existing humans count.

In the eighteenth century the view that only humans count was challenged by several philosophers, including the utilitarians Jeremy Bentham and John Stuart Mill. According to these philosophers our only moral duty is to maximize pleasure which they claimed is the only fundamental good, and to minimize pain, the only fundamental evil. In making moral decisions, therefore, we have to take into account all creatures, rational or not, that have the capacity to experience pleasure or pain. As Bentham wrote, "The question is not, Can they reason nor Can they talk, but, Can they suffer?"

This early view, which extended moral standing to animals, set the stage for the "animal rights" movement. Following in the footsteps of Bentham and Mill, utilitarians in the 1970s began vigorously defending the view that it is as immoral to inflict pain and suffering on animals as on human beings. For humans to fail to recognize the moral standing of animals, they argued, is discrimination on the basis of species and is as wrong as discrimination on the basis of race or sex.

Some defenders of animal rights, however, argue that the welfare of animals matters morally not only for utilitarian reasons, i.e., minimizing pain, but also because animals have moral rights that should not be violated. They claim that the rights of animals are based on the idea that animals have interests, and moral rights exist to protect the interests of any creatures, not merely those of human beings. Others have held that animals have a life of their own deserving of respect. Advocates of animal rights have concluded that in addition to freedom from pain, animals have a right also to protection of their interests or to respectful consideration of their independent lives.

During this century an even broader view of what has moral standing has emerged, one which holds that all living things have moral standing. The most well-known proponent of this view is Albert Schweitzer who claimed that all life merits reverence. More recent philosophers have based their stand on the view mentioned above that anything with interests has moral rights. They point out that all living entities, including plants, have interests, exhibiting certain needs and propensities toward growth and self-preservation. All living entities, therefore, have rights to the protection of their interests and we have an obligation to take their interests into account in our moral deliberations.

Perhaps the broadest view about what counts morally is the view that entire natural systems count. This "ecocentric" view was first put forward by the naturalist Aldo Leopold who argued in favor of a "land ethic" that gives all of nature moral standing. He wrote: "The land ethic... enlarges the boundaries of the community to include soils, waters, plants, and animals, or collectively, the land." For Leopold and many others, whole ecological systems, such as lakes, forests, or entire continents, have an "integrity" or a "welfare" of their own that should not be harmed or damaged.

Which of these views on moral standing is correct? The answer we give to this question will depend on the moral importance we attach to rationality, the capacity to experience pain and pleasure, to the interests of all living things, and to the integrity and "welfare" of our ecological systems. A great deal hinges on our answer. If we believe that only humans count, we will not voice strong objections to painful animal experiments that benefit humankind. But if we believe that all sentient creatures have equal moral standing, then we will demand that the welfare of these animals be taken into account, and perhaps lobby for legislation to protect animals from painful experiments or industrial uses. And if we believe that all natural things count, then we may oppose as immoral any activities that threaten to harm our forests and wilderness, such as logging or real estate.

Of course, deciding "who counts" doesn't tell us whose welfare or interests should be given more or less consideration when competing interests are at stake. But it does make us more aware of our boundaries of moral concern, and the criterion we use to establish those boundaries.

This article appeared originally in Issues in Ethics V4 N1 (Spring 1991)