Progressive Ethics Code Restriction Applied to 1981 Code Revision

P · Principle Individual
http://proethica.org/ontology/case/170#Progressive_Ethics_Code_Restriction_Applied_to_1981_Code_Revision
Properties
Instance of
ProgressiveEthicsCodeRestrictionRetroactiveInapplicabilityPrinciple
http://proethica.org/ontology/intermediate#ProgressiveEthicsCodeRestrictionRetroactiveInapplicabilityPrinciple
Applied to
Engineer A Dam Failure Forensic Investigation Engineer
Balancing with
Comparative Case Precedent Distinguishing Obligation
Concrete expression
The 1981 revision of the NSPE Code adding Section III.4.b established a more restrictive standard for post-engagement adverse participation than the 1976 Code; Case 76-3 was correctly decided under the 1976 Code but does not control the present case, which must be evaluated under the 1981 Code's more stringent consent requirement
Confidence
0.9
Importance
medium
Interpretation
The evolution from Code Section 7 to Section III.4.b signals the profession's intent to extend protection beyond active advisory relationships to all post-engagement specialized knowledge situations; prior cases decided under the narrower provision are distinguished, not overruled
Invoked by
NSPE Board of Ethical Review
Tension resolution
The Board applies the current more restrictive code while acknowledging Case 76-3's continuing validity under its own applicable code version
Source Evidence
Source text
In July 1981, the Code of Ethics was revised. Section III.4.b. amended and refined the older Code Section 7

Text references
Case 76-3 was decided under the 1976 Code of Ethics which made no mention of an engineer's ethical obligation to refrain from representing an adverse interest in a proceeding.
In July 1981, the Code of Ethics was revised. Section III.4.b. amended and refined the older Code Section 7 to read: 'Engineers shall not, without the consent of all interested parties, participate in or represent an adversary interest in connection with a specific project or proceeding in which the engineer has gained a particular specialized knowledge on behalf of a former client or employer.'
Under the revised Code section it is clear that Engineer A's action was in violation of Section III.4.b.
TTL
@prefix case170: <http://proethica.org/ontology/case/170#> . @prefix owl: <http://www.w3.org/2002/07/owl#> . @prefix proeth: <http://proethica.org/ontology/intermediate#> . @prefix prov: <http://www.w3.org/ns/prov#> . @prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> . @prefix xsd: <http://www.w3.org/2001/XMLSchema#> . case170:Progressive_Ethics_Code_Restriction_Applied_to_1981_Code_Revision a proeth:ProgressiveEthicsCodeRestrictionRetroactiveInapplicabilityPrinciple, owl:NamedIndividual ; rdfs:label "Progressive Ethics Code Restriction Applied to 1981 Code Revision" ; proeth:appliedto "Engineer A Dam Failure Forensic Investigation Engineer" ; proeth:balancingwith "Comparative Case Precedent Distinguishing Obligation" ; proeth:conceptCategory "Principle" ; proeth:concreteexpression "The 1981 revision of the NSPE Code adding Section III.4.b established a more restrictive standard for post-engagement adverse participation than the 1976 Code; Case 76-3 was correctly decided under the 1976 Code but does not control the present case, which must be evaluated under the 1981 Code's more stringent consent requirement" ; proeth:confidence "0.9" ; proeth:discoveredincase "170" ; proeth:discoveredinpass "2" ; proeth:discoveredinsection "discussion" ; proeth:firstdiscoveredat "2026-03-01T21:06:41.468366+00:00" ; proeth:firstdiscoveredincase "170" ; proeth:generatedattime "2026-03-01T21:06:41.468366+00:00" ; proeth:importance "medium" ; proeth:interpretation "The evolution from Code Section 7 to Section III.4.b signals the profession's intent to extend protection beyond active advisory relationships to all post-engagement specialized knowledge situations; prior cases decided under the narrower provision are distinguished, not overruled" ; proeth:invokedby "NSPE Board of Ethical Review" ; proeth:principleclass "Progressive Ethics Code Restriction Retroactive Inapplicability Principle" ; proeth:sourcetext "In July 1981, the Code of Ethics was revised. Section III.4.b. amended and refined the older Code Section 7" ; proeth:tensionresolution "The Board applies the current more restrictive code while acknowledging Case 76-3's continuing validity under its own applicable code version" ; proeth:textreferences "Case 76-3 was decided under the 1976 Code of Ethics which made no mention of an engineer's ethical obligation to refrain from representing an adverse interest in a proceeding.", "In July 1981, the Code of Ethics was revised. Section III.4.b. amended and refined the older Code Section 7 to read: 'Engineers shall not, without the consent of all interested parties, participate in or represent an adversary interest in connection with a specific project or proceeding in which the engineer has gained a particular specialized knowledge on behalf of a former client or employer.'", "Under the revised Code section it is clear that Engineer A's action was in violation of Section III.4.b." ; proeth:wasattributedto "Case 170 Extraction" ; prov:generatedAtTime "2026-03-01T21:17:58.665310"^^xsd:dateTime ; prov:wasGeneratedBy "ProEthica Case 170 Extraction" .
Metadata
Type
Individual
Last Updated
2026-05-28 16:27
Discovered in case
170
Discovered in pass
2
Discovered in section
discussion
First discovered
2026-03-01T21:06:41.468366+00:00
First case
170
Generated
2026-03-01T21:06:41.468366+00:00
Attributed to
Case 170 Extraction
Generated
2026-03-01T21:17:58.665310
Generated by
ProEthica Case 170 Extraction