340 test 2 chapter 5-9
Two Ways of Arguing Sustainable Development
1.Anthropocentric •The standpoint of the welfare of human beings, whether this be of the poor in developing countries, the more well-off in developed countries, or future generations, whether poor or wealthy. 2.Ecocentric •The standpoint of the "interests" of the natural world, apart from considerations of human welfare.
list of case studies
1) Incident at Morales 2) Deepwater Horizon Blowout Animation 3)Flint Water Crisis 4) Bhopal Gas Tragedy Case Study Link 5)Age of the Algorithm - podcast, 25 minutes 58 seconds, downloadable MIT Moral Machine Results Top 9 ethical issues in artificial intelligence - I encourage you to especially consider #3, #4, #6, and #9
in considering sustainability, we should keep in mind that
1) a LCA(life cycle assessment) can help by comparing the environmental impact of various products or procedures 2) economic concerns are part of sustainability, but are usually disregarded in the LCA itself 3) considering the equity or justice of the distributions of benefits and burdens is a legitimate concern
match the criteria with their definition of "is the environment acceptably clean
1) comparative criteria 2) optimal pollution reduction criteria 3) demonstrable harm 4) normalcy criteria 5) maximum protection criteria 6) degree of harm
what are some issues in using brundtlands definition of sustainable development
1) it doesn't say what the limits are on resources that future generations will have or need. 2) sustainability + development capable,
hydro level
1. (5 points) How could McDonnel and Miller have avoided the appearance of a conflict of interest? This applies to both Mitchell and James. Due to the fact that Hardin wrote a response without consulting the whole subcommittee and acted as the response was "unofficial communication". If this was not done and actions were taken to resolve the issue then Hydrolevel may not have taken them to court. They were taken to court but believed they were not liable for misguided actions of individual volunteer members. 2. (5 points) Have ASME's revised conflict of interest procedures addressed the problems fully? Why or why not? Yes I believe their new policy changes in the ASME's conflict of interest did in fact address the problem. It was addressed when the new "sunset" review procedures were put into place which requires all interpretations must be reviewed by at least five people before release. They also must sign a statement stating they are comprehensive and well defined set of guidelines regarding potential conflict and all workers are given a copy of their code of ethics. 3. (5 points) What form(s) of dishonesty was illustrated in this case study? The form stated in this case was falsification of data when Hardin wrote the response and did not have it reviewed by his peers which didn't happen and lead to mistakes in the response getting passed on. Inappropriate attribution of authorship also may be in play here but i'm not sure if mitchell and james were supposed to have their name on the response or not but if their name was on their and they had no part in the response then this would also be a form of dishonesty that came into play.
NAE's Grand Challenges for Engineering
1.Advance personalized learning 2.Make solar energy economical 3.Enhance virtual reality 4.Reverse engineer the brain 5.Engineer better medicines 6.Advance health informatics 7.Restore and improve urban infrastructure 8.Secure cyberspace 9.Provide access to clean water 10.Provide energy from fusion 11.Prevent nuclear terror 12.Manage the nitrogen cycle 13.Develop carbon sequestration methods 14.Engineer the tools of scientific discovery NAE's Grand Challenges for Engineering
Vice President Spiro Agnew and Construction Kickbacks in Maryland
1. (5 pts) Does the fact that paying government officials for receiving contracts seemed to be a common-place business practice in Maryland at the time make this practice ethically acceptable? No this was not ethically acceptable at anytime they new what they were doing and even though they had to do it to get the contracts to stay afloat it still is not allowed and is very wrong to take bribes and kickbacks. They were found guilty and it started a very big scandal. 2. (5 pts) What should an engineer do in the face of competition from others who are willing to resort to bribery? Engineers in this situation need to make sure they keep everything legal and make their company look like the best choice by having the best contacts possible even though it is hard to compete with companies that are paying to get the contracts. 3. (5 pts) What is the ethical status of a campaign contribution given to a politician to secure future business? Is this a bribe? Is this extortion? Perhaps line drawing (Chapter 2) would help answer this question. The ethical status of this is okay but it has to be in the right way in this situation they did it in an unethical way. Yes I do believe this was a bribe because it was done in secrecy for example when they paid him $10,000 dollars in cash to his office also when it guaranteed favorable treatment in exchange for a large payment or multiple payments.
VW Emissions Scandal
1. What business pressures did VW face when choosing to "manufacture" their test results? What type of "clean enough" criterion do you think the Clean Air Act tries to follow? (3 pts) These pressures were like the deepwater horizon case they faced high operational costs and or competitive pressures. I think it tries to keep as much pollution down as it can but there will always be some pollution to air quality when using gas a diesel vehicles. Following the normalcy criterion. 2. What type of industry attitude did VW have with respect to the environment, especially considering the CAA? (4 pts) VW had a subminimal attitude in this case because they knew about the regulations but didnt follow them or tried to cheat their way around them. 3. How could VW have used the CAA as a way to move towards sustainable development? (4 pts) VW had an anthropocentric point of view that was just for human good but not environmental. They could have followed the CAA and made their company look good by making cars that didn't release as much pollution but they did the opposite. 4. What type of responsibility (moral, legal - if legal, to what degree) do the engineers involved in fabricating test results have within this case study? (4 pts) These engineers are strictly responsible for what they did because they knew what they were doing and it didnt necessarily cause harm to humans but the environment and they committed a crime.
boeing 737
1. What steps did Boeing take in risk analysis in the development of the 737 MAX? What steps should they have taken? (5 pts) In the risk analysis process Boeing tried to keep the new aircraft very similar to the old to reduce problems in new designs but the project was very rushed which is a dangerous thing when designing any new piece of equipment especially something like an aircraft that carries people. Boeing should have made it so there wasn't as much of a time crunch on the project which would have allowed them to take their time and make sure there were no problems with the aircraft. This is where standard of care would have taken place in the decision making process making sure there were no lives at risk and it was safe to fly and after the first crash they should have looked into it more then just saying it was pilot error. 2. What specific steps would you take to improve the company culture to focus on safety? (3 pts) I think the biggest thing to change in any project is the time if there is more time for the design process the engineers are under less stress and are able to make safer and better decisions rather than rushing their duties just to get the job done. 3. Did Boeing do a good job of communicating risk? How could they have improved? (3 pts) I feel that the company could have done things a little differently to help keep their company from taking a huge loss in the investment of the 737 Max. Boeing should have brought up these concerns and tackled them as soon as they occurred instead of claiming pilot error and really finding out the causes of these planes to crash. Even though it would take a big loss they should have been compliant with clients and answered any questions they may have or even allow some to have their planes checked for any errors the design may have had just to help the customers state of mind and keep them in good thoughts with boeing. 4. Using the Capabilities Approach, how can you justify the risk of replacing aircraft in a fleet with the Boeing 737 MAX (pre- and post-first crash)? (4 pts) Before the first crash the replacement plane 737 Max had many positive aspects that would help airlines in many ways with passenger comfort and efficiency in the plane which is always a positive aspect when running a company. After the first crash there should have been tests ran to ensure this would not happen again and allow people to speak out their thoughts and concerns to resolve the issue then once that is done try to recover from the crash and make sure clients have no other concerns and they are happy with proceeding with the changes to the 737 Max aircraft!
Benefits of using capabilities approach:
1.Capabilities capture adverse effects and opportunities of hazards beyond consequences traditionally considered 2.Constitute aspects of individual well being 3.Offers a more accurate way to measure the actual impact of a hazard on individuals well being 4.Instead of considering diverse consequences, this approach requires a considering a few properly selected capabilities
Five Guidelines for Engineers in Risk Communication
1.Engineers, in communicating risk to the public, should be aware that the public's approach to risk is not the same as that of the risk expert. •Engineers should not say "risk" when they mean "probability of harm." They should use the two terms independently. 2.Engineers should be wary of saying, "There is no such thing as zero risk." •The public often uses "zero risk" to indicate not that something involves no probability of harm but that it is a familiar risk that requires no further deliberation. 3.Engineers should be aware that the public does not always trust experts and believes that experts have sometimes been wrong in the past. •In presenting risks to the public be careful to acknowledge the possible limitations in their position. •Be aware that laypeople may rely on their own values in deciding whether or not to base action on an expert' s prediction of probable outcomes. 4.Be aware that government regulators have a special obligation to protect the public and may require them to consider other information than a strict cost-benefit approach. •Public policy should take into account cost-benefit considerations and also the special obligations of government regulators. 5.Professional engineering organizations, such as the professional societies, have a special obligation to present information regarding technological risk. •Must present information that is as objective as possible regarding probabilities of harm. •Acknowledge that the public, in thinking about public policy regarding technological risk in controversial areas (e.g., nuclear power), may take into consideration factors other than the probabilities of harm.
Four Phases of Life Cycle Analysis
1.Goal and Scope. 2.Inventory Analysis (Mass Balances). 3.Impact Assessment. 4.Interpretation.
Four Phases of Life Cycle Analysis
1.Goal and Scope. •What are you studying? •What are your system boundaries? •Direct or indirect effects? •What environmental impacts are you evaluating? 2.Inventory Analysis (Mass Balances). •Inputs and outputs of a product or process in terms of the energy, water, and materials used and identification and quantification of releases. 3.Impact Assessment. •Identification and quantification of the most significant environmental impacts •Resource use, human health and ecological consequences, and greenhouse gas emissions. 4.Interpretation. •What do the results mean? •Were the assumptions adequate? •What happens if this assumption is changed by 10%-100%? •If not adequate, LCA starts over again •Recommendations are made
The CERES Principles
1.Protection of the biosphere 2.Sustainable use of natural resources 3.Reduction and disposal of wastes 4.Energy conservation 5.Risk reduction 6.Safe products and services 7.Environmental restoration 8.Informing the public 9.Management commitment 10. Audits and reports
Engineers need to consider the legal liability associated with risk.
1.The standards of proof in tort law and science are different and this can produce an ethical conflict. 2.By protecting the public from unnecessary risk, engineers may incur legal liabilities.
•Engineers face two problems in terms of their liability for injuries or damages under tort law:
1.They may have to defend their assessment and management of a risk that they deemed to be acceptable, which later resulted in an injury. 2.They may have to defend their work against a claim that they erred in some calculation or neglected to consider some aspect of a risk.
Stages in the Development of an Environment-Friendly Firm
1.Viewing compliance as a challenge to innovate and complying with the most stringent rules 2.Designing the firm's own products and services to be more sustainable. 3.Requiring suppliers to make their operations more sustainable by methods such as developing more fuel-efficient vehicles and machines. 4.Turning waste and pollutants into valuable products that can be sold for profit. (C2C) 5.Questioning the implicit assumptions behind products and services and thereby thinking "outside the box." (Can we develop waterless detergents?)
5 Goals for SD according to Brundtland Report
Human-centered concerns: 1.Economic growth 2.Fair distribution of resources to sustain economic development 3.More democratic political systems Environmental concerns: 4.Adoption of lifestyles that are more compatible with living within the planet's ecological means 5.Population levels that are more compatible with the planet's ecological means.
Bhopal
The Corporate Negligence Argument: This point of view argues that management (and to some extent, local government) underinvested in safety, which allowed for a dangerous working environment to develop. Safety audits: In September 1984, an internal UCC report on the West Virginia plant in the USA revealed a number of defects and malfunctions. It warned that "a runaway reaction could occur in the MIC unit storage tanks, and that the planned response would not be timely or effective enough to prevent catastrophic failure of the tanks". This report was never forwarded to the Bhopal plant, although the main design was the same. The Disgruntled Employee Sabotage Argument: Now owned by Dow Chemical Company, Union Carbide maintains a website dedicated to the tragedy and claims that the incident was the result of sabotage, stating that sufficient safety systems were in place and operative to prevent the intrusion of water.
For assessing risk, a fault tree analysis (FTA),
a formal backward-looking deductive analysis, determines the immediate and basic causes of some undesirable event.
Patents
are documents issued by the government that allow the owner of the patent to exclude others from making use of the patented information for 20 years from the date of filing. To obtain a patent, the invention must be new, useful, and nonobvious. (e.g., telephone, television, different car parts, etc.)
copyrights
are rights to creative products such as books, pictures, graphics, sculptures, music, movies, and computer programs. Copyrights protect the expression of the ideas but not the ideas themselves (Beyonce's Lemonade album, Game of Thrones books, Candy Crush app code)
trademarks
are words, phrases, designs, sounds, or symbols associated with goods or services. (The Nike Swish, Google logo)
what should you do if you encounter a potential or even an appearance of a conflict of interest as an engineer?
avoid conflicts of interest at all costs maybe talk to someone above you. keep track of any information you have document everything.
undesirable event
consiquence
Falsification of data:
distortion in representing data
Engineers are hired as ------------ in cases that involve accidents, defective products, structural defects, and patent infringements. To avoid problems, an expert should follow several rules:
expert witness
what is a way we can reduce the likelihood of harm in a product or process.
ensure that events and processes that interact in many different and complex ways have localized and autonomous automatic controls
•Incident at Morales- Trust and Reliability
failed to pay close attention and hiring someone with back round knowledge in the equipment due to he worked for another company. water toxin level was very bad and had to speak up about what was going on because managers failed to fix the problem resulted in someone dying
•Water Crisis in Flint - Environmental considerations - WHAT NOT TO DO!
forged house results and ignored the people of how bad the water was which it was very toxic
The country in which the engineer originally lived—e.g., the United States—is the
home country and the country that he or she enters is the host country.
what are limitations of using the cost/benefit approach in risk assessment?
making decisions based on how much money is saved in the end and overlooking severed risk factors. - not all effects can be anticipated or quantified
Fabrication of data:
making up data
what is the key claim in hardins essay "tragedy of the commons"
people can be driven by self-interest to abuse the environmental inn ways that ultimately harm everyone
•Artificial Intelligence - How to assess ethical issues from rapid technological advancement
positive and negative effects
Intellectual property
refers to creations of the intellect that can be protected in several ways, including as trade secrets, patents, trademarks, and copyrights.
Deepwater Horizon - Risk Management
rushed the process and used cheaper material and also because it was faster. failed to notice an emergency backup process was brocket and the rig exploded killing multiple people
capabilities approach
the ability of people to lead the kind of life they have reason to value
case study questions on test
what aspects of risk management were included or not included within this case study? what forms of deception occurred within this case study what type of industry attitude did gillum and associates have? how did gillum and associates uphold the standard of care
what are the ways an engineer can deceive?
withhold information, deliberately deceive, lie, don't seek the truth
you have developed an innovative way of saving and storing energy in your companys process. this isn't a noval technique, but it gives you an advantage over the competition. you and your team are all made to sign nondisclosure agreements. which of the following statements is true about this scenario?
your company has classified this as a trade secret
extortion
• is the act of threatening someone with harm (that the extorter is not entitled to inflict) to obtain benefits to which the extorter has no prior right." •The moral status of paying extortion is different from the moral status of paying and accepting bribes for the following reasons. 1.Will not usually corrupt professional judgment, while bribery often does. 2.Can tarnish one's professional reputation, it will probably not do so as much as paying a bribe. 3.Will not cause one to act contrary to the best interests of one's employer or client by, for example, selecting an inferior product. 4.Does not undermine the efficiency of the market by promoting the selection of inferior or more expensive products, although it does divert funds from their most productive use. 5.Does not give one an unfair advantage over others, except insofar as others do not or cannot pay the extortion.
Grease payments are
• typically offered to facilitate routine bureaucratic decisions, such as hastening the passage of goods through customs or getting faster processing of permits. •Usually involve relatively small amounts of money compared to many bribery and extortion payments. •They are sometimes tacitly condoned by governments. •Analogous to a waiter/waitress getting a "tip"
The relativist solution
•( "When in Rome, do as the Romans do."), where home-country citizens always follow host-country laws, customs, and values even if they are contrary to home-country standards.
Inappropriate attribution of authorship
•(e.g., listing someone as an author who didn't warrant credit for this) •Honesty issue
Failure to respect intellectual property of others
•(e.g., violating trade secrets, patents, trademarks, and copyrights)
nepotism
•- practice among those with power or influence of favoring relatives or friends, especially giving them jobs. •It's not illegal - but you should be aware of its effects •Arguments can be made both for and against it. •Some cultures it's more pervasive.
potential conflict of interest
•: Roger will have a conflict of interest if he agrees to serve on a committee to review proposals if he has already submitted his own proposal to be reviewed.
What is a conflict of interest?
•A conflict between an obligation to exercise good judgment and interest(s) that may compromise that judgment.
Conditions that Justify Weak Paternalism
•A person may be under undue emotional pressure, so he or she is unable to make a rational decision. •A person may be ignorant of the consequences of his or her action, so he or she is unable to make a genuinely informed decision. •A person may be too young to comprehend the factors relevant to his or her decision, so he or she is unable to make a rational and informed decision. •If a person does not have necessary time to make an informed decision. •Paternalist must be able to show that they do not have the ability at that time to make a free and informed
The 3P Program
•A program founded by 3M 1.Reduce or eliminate pollution 2.Benefit the environment through reduced energy use or more efficient use of manufacturing materials and recourse 3.Save money for the company •Preventing pollution by eliminating it at its source •Saved $1.9 billion and reduced 2 million tons of waste •3M created new goals for 2015-2025
Potential conflict of interest:
•A situation in which if one does x, there will be an actual conflict of interest.
Appearance of a conflict of interest:
•A situation in which others might think that there is a conflict of interest, even if there isn't really one.
cradle to grave
•According to the Brundtland Report, humans should not compromise the ability of future generations to meet their needs. •Implies that humans must live in such a way that human and other forms of life can live on the planet indefinitely.
Conditions for Exploitation
•An imbalance of (usually economic) power between the dominant and subordinate or exploited party. •The subordinate party needs the resources by the dominant party to protect his or her vital interests. •For the subordinate party, the exploitative relationship is the only source of such resources. •The dominant party in the relationship exercises discretionary control over the needed resources. •The resources of the subordinate party (natural resources, labor, etc.) are used without adequate compensation
2.Normalcy criterion
•Any pollutants present are normally present to the same degree. •Shortfalls of this definition: if the pollutants present in a river or the air are "normally" present, they could still pose a threat to human and animal health.
How do we work across geopolitical boundaries?
•Engineering Societies and Professional Engineers 1.ABET - Responsibility for accrediting engineering programs in U.S. 1.Established standard practices with Washington Accord 2.Fédération Européenne d'Associations Nationales d'Ingénieurs (FEANI) - Different from ABET. However has standardized criteria for competence of Engineers in Europe 3.Federation of Engineering Institutions of Asia and the Pacific (FEIAP) - Goal of promoting engineering as a profession. •Engineering Societies and Professional Engineers 4.Japan Society of PE's - Goal of promoting engineering as a profession, members are integrated with U.S. PE system 5.Commonwealth Engineers Council - seeks to advance the science, art and practice of engineering for the benefit of mankind 6.World Federation of Engineering Organization - Has code of ethics, refers to engineers as professionals
•Respect for Person's
•Everyone is a moral agent - needs to be informed to make a decision
Fault Tree Analysis
•For assessing risk, a fault tree analysis (FTA), a formal backward-looking deductive analysis, determines the immediate and basic causes of some undesirable event. •First: identify undesirable event (consequence) •Second: use Boolean logic (True or False) to identify the immediate causes of that event and then the basic causes. •Third: use probabilistic risk assessment (PRA) to estimate the probabilities of each basic and immediate cause •Helps estimate the probability of the event occurring with improved confidence.
bribery
•Guaranteed favorable treatment in exchange for large payment •Typically (but not always) some element of secrecy •Not morally permissible to offer a bribe •Not morally permissible to accept a bribe • •Violates fairness standards •Compromise engineering judgment
Utilitarian
•Honesty usually promotes overall wellbeing of the general public •Looks more towards future as well
4.Maximum protection criterion
•If any identifiable risk from its pollution that poses a threat to human health has been eliminated, (up to the limits of technology and the ability to enforce). •Shortfalls of this definition: Could require all available funds to be spent on a single environmental remediation.
6.Degree of harm criterion
•If cost is not a factor in removing clear and pressing threats to human health, •But when the degree of harm is uncertain, economic factors may be considered.
5.Demonstrable harm criterion
•If every pollutant that is demonstrably harmful to human health has been eliminated. •Eliminates considerations of cost and of technical feasibility. •Shortfalls of this definition: Requires proof of harm to human health, which can be difficult to obtain.
3.Optimal pollution reduction criterion
•If funds required to reduce pollution further could be used in other ways that would produce more overall human well-being. •Shortfalls of this definition: could require all available funds to be spent on a single environmental remediation project if it were serious enough, leaving many other problems unaddressed.
Reducing the Likelihood of Harm
•Increase the time between tight couplings •Adding in redundancies (adding in fail safes) •Being aware that there is a chance of failure •Do not think that your design is 100% flawless •Use the fault tree or event tree method to understand your design and its limitations •Create a safety culture within your department/organization
1.Comparative criterion
•It imposes no greater threat to human life or health than do other risks that most people might consider reasonable. •Shortfalls of this definition: Public does not understand the seriousness of certain risks they accept. Data about comparative risks are often difficult to obtain.
actual conflict of interest
•John has to recommend parts for one of his company' s products. One of the vendors is Ajax Suppliers, a company in which John has heavily invested.
What are ways of deceiving?
•Lying •Deliberate deception, but without lying •Withholding expected information •Failure to seek out the truth
Avoiding conflicts of interest:
•Most engineering codes of ethics require the avoidance of conflicts of interest or even the appearance of conflicts of interest, insofar as this is possible.
•Honesty as a virtue.
•Need to tell the truth in order to continue to promote honesty
An Engineer's Definition of Risk
•Risks with different harms can't be added or directly compared. •The summation notation implies the summation of all risk components with similar harms. •Harms include loss of life, personal injury or illness, damage to property or the environment, and impairment of "capabilities" that allow people to live and enjoy life
Weak paternalism.
•The paternalist overrides the decision-making powers of the recipient when there is reason to believe the recipient is not able to exercise her moral agency effectively.
Strong paternalism.
•The paternalist overrides the decision-making powers of the recipient, even when there is no reason to believe the recipient is not exercising his or her moral agency effectively.
Limitations of the Utilitarian Approach
•The utilitarian approach to risk using cost-benefit analysis has advantages in terms of clarity, elegance, and susceptibility to numerical interpretation. •There are several limitations that must be kept in mind: 1.It's not possible to anticipate all of the effects associated with each option. •If you can't do this, the cost-benefit method will yield an unreliable result. 2.Difficult to translate all of the risks and benefits into monetary terms.
Trade secrets
•are formulas, patterns, devices, or compilations of information that are used in business to gain an advantage over competitors who do not possess the trade secrets. (e.g., Coca-Cola, KFC's spice rub)
Problems encountered when one crosses national and cultural borders are called
•boundary-crossing problems.
The minimalist or compliance attitude calls for
•compliance with governmental regulation as a cost of doing business, but their compliance is often without enthusiasm or commitment. •Managers often have a great deal of skepticism about the value of environmental regulations. •Nevertheless, these companies usually have established policies that regulate environment-related projects.
Sustainable development," is defined in the Brundtland Report as
•development that meets the needs of the present without compromising the ability of future generations to meet their own needs. •The Brundtland definition can be seen as a political compromise between these competing groups and interests.
Plagiarism:
•falsely appropriating the work of others as one's own •Type of theft
To assess a risk of harm, an engineer must
•identify it and quantify it.
The subminimal attitude
•is associated with minimal compliance with environmental regulations and sometimes with doing even less than what is required.
cradle to cradle (C2C),
•is often described as an application of biomimicry/circular economy. •Its advocates say that natural processes, which run on sunlight, are highly efficient, using only the energy they need. •Nature recycles everything. •According to this view, there is no such thing as waste in nature.
standard of care
•is the legal standard for engineering decision-making defined by the ordinary skill, competence, and diligence exercised by qualified engineers practicing in a given field.
design engineer
•must try to achieve acceptably safe designs that are still affordable.
process engineers
•must work to operate those engineered systems in ways that are acceptably safe, which means in ways that do not introduce unacceptable risks.
The progressive attitude calls for
•responsiveness to environmental concerns, usually reflecting the personal commitment of the CEO. •The companies have well-staffed environmental divisions, use state-of-the-art equipment, and generally have good relationships with governmental regulators. •Managers probably believe that it is in the firm's long-term interest to go beyond legal requirements, because doing so generates goodwill in the community and avoids lawsuits. •May be genuinely committed to environmental protection and even sustainability, and have set up units devoted to these policies.
If engineers are unreliable,
•the ability of those who depend on engineers to make good decisions is undermined.
use probabilistic risk assessment (PRA)
•to estimate the probabilities of each basic and immediate cause •Helps estimate the probability of the event occurring with improved confidence.
moral laxism
•which holds that in some situations moral principles appear far removed from the moral issue at hand that they cannot be applied with any precision, so that almost any action is permissible.
moral rigorism,
•which holds that moral principles, whether they are those of the home country or host country, must be strictly applied in every situation.
