In this paper, we argue that there is an important difference in the way engineers deal with ethical issues in normal and radical design processes.41 More specifically, our claim is that engineers use regulative frameworks to decide on ethical issues in normal design, while in radical design processes such frameworks are absent or inapplicable. To substantiate this claim, we present four case studies of design processes: two normal and two radical. The two normal design processes were one, designing piping and equipment for the chemical industry and two, designing a bridge. The two radical design processes were one, designing a sustainable lightweight car and two, designing a lightweight trailer to transport sand. These case studies were carried out by one of the authors (Van Gorp, 2005). The methods used for data collection included observing design teams, reading design documents and interviewing engineers.
In the following section we will present Vincenti’s distinction between normal and radical design and introduce the notion of a regulative framework. Descriptions of the four case studies are given in section three. We end the paper with a discussion and conclusions including the moral implications of the results.
2 Design Type and Regulative Framework
Vincenti (1990; 1992) uses two dimensions to characterize design processes: design hierarchy and design type. Here we focus on design type because earlier research suggests that this is important for how engineers deal with ethical issues (Van de Poel and Van Gorp, 2006). Vincenti (1990) uses the terms “operational principle” and “normal configuration” to indicate what normal design as opposed to radical design is. “Operational principle” is a term introduced by Polanyi (1962). It refers to how a device works. For example, incandescent light bulbs and fluorescent lights have different operational principles. In a light bulb a tungsten wire conducts the electrical current. This heats up the wire: electrons are excited and emit light as they fall back. In fluorescent lights a large voltage passed between two electrodes travels through a gas creating a kind of plasma. Electrons from mercury atoms in the tube are excited and emit ultraviolet light. Phosphorus powder on the glass transfers the ultraviolet into visible light by electrons being excited and emitting light in the visible range when falling back. So although both types of lights give light they have different operational principles.
Normal configuration is described by Vincenti as: ‘... the general shape and arrangement that are commonly agreed to best embody the operational principle.’ (1990, 209). We interpret the general shape and arrangement to include the kind of material that is used. Vincenti does not include the materials explicitly but the materials used in a design are very important for the shape of parts and the product. Moreover, using different materials, for example plastics instead of steel, often requires new types of knowledge to produce a product and new methods to test it. The use of such new knowledge and methods is typical for radical design compared to normal design.
According to Vincenti’s definition, in normal design both the operational principle and normal configuration are kept the same as in previous designs. In radical design, the operational principle and/or normal configuration are unknown or a decision has been made not to use the conventional operational principle and/or normal configuration.
For most products, a system of regulations and formal rules exists that can be used to govern design decisions, including decisions on ethical issues like safety and sustainability. Van Gorp (2005) has introduced the term regulative framework for the system of norms and rules that applies to a class of technical products with a specific function. A regulative framework consists of all relevant regulation, national and international legislation, technical standards and rules for controlling and certifying products.42 A regulative framework is socially sanctioned, for example by a national or supra-national parliament such as the European parliament or by organizations that approve standards. Besides the technical standards and legislation, interpretations of legislation and technical standards also form part of the regulative framework. Interpretations of standards and legislation can be provided by the controlling and certifying organizations and by engineering societies for example, during the courses they organize for engineers on state of the art design practices. Informal rules and company-specific rules are not part of the regulative framework.
There are various EU directives for a broad range of products.43 This includes for example the Directive Machinery 98/37/EC, which covers all machinery with moving parts. Another important directive is the Low Voltage Equipment Directive 73/23/EC, which covers all equipment with a voltage between 50 and 1000 DC and 75 and 1500 AC.
EU directives have to be implemented in national law within the EU. It is, therefore, to be expected that all EU countries will have national laws implementing the EU directives. All these directives refer to technical standards such as the EU codes.44 If these standards, or national standards if the EU codes are not available yet, are followed in design processes, then compliance with the directive is assumed. The European Committee for Standardization (CEN) is responsible for formulating the standards. CEN has committees for formulating standards on subjects ranging from chemistry, to food, consumer products, construction, transport and packaging (www.cenorm.be).45
3 Case-Studies
3.1 Piping and Equipment
The studied design process for pipes and pressure vessels for chemical plants was a case of normal design: the operational principles and normal configurations were known and used.
After disasters like Bhopal, Seveso and recently the severe contamination of a Chinese river with benzene following an explosion in a chemical installation, it is not difficult to support the idea that safety in chemical installations is an ethical issue. In the case studied, the decisions regarding safety that engineers made during the design process ranged from decisions about safety valves, load scenarios, required material properties, to safety distances between pressure vessels. The engineers used the existing regulative framework to help them make decisions concerning safety, and believed that designing according to the regulative framework produced safe installations.
The regulative framework for pipes and pressure vessels used in the Netherlands is based on the European Pressure Equipment Directive (PED) (European directive 97/23/EC). Certification organizations, called Notified Bodies, are appointed in each EU country to check whether new designs and refurbishments comply with PED regulations. Approved designs obtain a CE mark.
41
Van de Poel, Delft University of Technology
P. E. Vermaas et al. (eds.),
42
In Van de Poel and Van Gorp (2006) we use the concept ‘normative framework’ introduced by Grunwald (2000; 2001). The normative framework is different from the regulative framework because the normative framework has to meet certain normative criteria.
43
The main goal of standardization in the EU is to ensure a free market and to remove technical barriers for trade within the EU (European Committee, 1999). Besides the goal of supporting a free market, standardization ‘promotes safety, allows interoperability of products, systems and services, and promotes common technical understanding’ (www.cenorm.be).
44
In the US, the following terminological distinction is often made between codes and standards: codes are legal requirements that are enforced by a governmental body to protect safety, health and other relevant values; standards are not mandatory; they are usually regarded as recommendations (Hunter, 1997). EU codes are not legally enforced. If EU codes have been applied the design is assumed to comply with the relevant directive. In the mentioned US terminology, EU codes are therefore technical standards.