Obligation-Conflict Resolution

Case 76-6 (1976) · Gifts to Foreign Officials

Professional obligations conflict, and the board applies no fixed rule for which one wins. Each resolution is recorded as three edges: competesWith (the tension), prevailsOver (the obligation the board allowed to win in this case), and defeasibleUnder (the situation under which the yielding obligation gives way). The same tension is then traced across comparable cases, where its resolution shifts with context. Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
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Roe Foreign Official Gift Prohibition prevails over Roe Situational Ethics Non-Practice International
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Roe When-in-Rome Situational Ethics Argument
Roe Firm Foreign Official Corrupt Payment Prohibition Violation prevails over Roe Firm Competitor Gift-Practice Non-Justification Compliance
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Roe Firm Ethics Compliance Competitive Disadvantage
Roe NSPE Extraterritorial Ethics Compliance prevails over Roe Host-Country Legal Permissibility Non-Excuse
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Roe Local Custom Legality Invoked as Ethics Justification
Roe Cross-Cultural Consistent Ethical Compass prevails over Roe Situational Ethics Non-Practice International
the yielding obligation gives way only under (defeasibleUnder):
  • Roe When-in-Rome Situational Ethics Argument
Roe Firm Cross-Cultural Consistent Ethical Compass Maintenance prevails over Roe Firm Situational Ethics Non-Practice Foreign Context
the yielding obligation gives way only under (defeasibleUnder):
  • Roe When-in-Rome Situational Ethics Argument
Roe Off-Contract Implicit Gift Condition Non-Acquiescence prevails over Roe Firm Off-Contract Implicit Gift Condition Non-Acquiescence
the yielding obligation gives way only under (defeasibleUnder):
  • Roe Firm Coercive Foreign Contract Conditioning
Roe Firm Ethics Code Spirit-and-Letter Dual Compliance prevails over Roe Firm Situational Ethics Non-Practice Foreign Context
the yielding obligation gives way only under (defeasibleUnder):
  • Roe When-in-Rome Situational Ethics Argument
Roe Foreign Official Gift Prohibition prevails over Roe Host-Country Legal Permissibility Non-Excuse
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Roe Local Custom Legality Invoked as Ethics Justification
NSPE BER When-in-Rome Rescission Ethics Erosion Resistance prevails over Roe Firm Situational Ethics Non-Practice Foreign Context
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Roe When-in-Rome Situational Ethics Argument
Roe Firm Foreign Official Corrupt Payment Prohibition Violation prevails over Roe Firm Situational Ethics Non-Practice Foreign Context
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Roe When-in-Rome Situational Ethics Argument
Roe Firm Foreign Official Corrupt Payment Prohibition Violation prevails over Roe Firm No-Choice Defense Rejection Domestic Analogy
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Competitive Necessity No-Choice Defense Invocation
Open tensions recorded without a resolution: Roe Cross-Cultural Diplomatic Sidestepping vs Roe Foreign Official Gift Prohibition Roe Foreign Official Gift Prohibition vs Roe Off-Contract Implicit Gift Condition Non-Acquiescence
What the board concluded
  • It would unethical for Roe to accept the contract and make the gifts as described.