Ethics Essay SSM71

Dancing About Architecture: performative utterances, haunted houses, and why the Ethical Framework
cannot be serious.

“I don't want to join your revolution if I can't dance.” - (Goldman, attrib.: 2006:42)
“A heuristic comparison between dance and built space… involves an exploration of how generative forces
interact with constraints.”(Gavrilou 2003)
Fraud investigation speaks of 'lying documents', which purport to be other than they are. The BACP Ethical
Framework (2009), being neither ethical, nor a 'framework'(Concise OED, 2008:563), is such a fraud.
Consider for example the micro-level power-relation (Foucault 1995:142) of Framework to practitioner. I argue
it embodies an anti-ethical 'totalising' urge (Habermas 1986:49) to constrain the generative 'dance of therapy'
(Gartrell 1994:36; Mearns 2000:84-85), necessarily eventuating in the oft foretold (Hogan 1980; Mowbray
1995; Wampold & Wampold 2001; Postle 2007) 'devastating' (ACP:2009) crisis of enforced registration (Great
Britain: Department of Health 2007) now confronting counselling...
What Is The Framework for?
“An institution...cannot take it on the lam. It must pacify its marks.” - (Goffman et al. 1997: 9)
Tim Bond, a Framework progenitor, counter-offers soothing paternalism. For him, it is:
'scaffolding...capable of adjustment,' a '...structure which envisages counsellors taking different stances...within
[an] essential framework.' (2000:53)
Yet, aspiration presented 'as if' it were the document; a sleight of hand, this 'envisages' only a totalised rendering
of individual practice to 'different stances' 'within' an 'essential' framework. Through the assimilations of
repressive tolerance (Marcuse 1971), the possibility of being 'without' becomes inconceivable.
Its' resulting biddability to the “rise of [a] regulatory state... making market actors more accountable”
(Braithwaite 2006), is Framework as 'reactive force' (Nietzsche 2008:56); its' 'mechanical and utilitarian
accommodations' (Deleuze 2006: 37-38), to the political imperatives of Registration1, emergent properties of all
codes' aspiration toward the rigidity of Law (Chapman 1994:21; Rodota 2009) – the latest turn of a caring-
professions conservative 'revolution' initiated by Percivals' severance of personal and professional morality in
his Medical Jurisprudence of 1794 (Baker 1999: xv). Now, therapy as a “subjective, personal, fluid, changeable,
chaotic, unquantifiable” 'cultural activity' more akin to art, (Rogers, A..,2008:19), underpinned by personal
ethical responsibility is again under threat, perversely, in the name of 'professional' ethics. For if a practice can
be codified, surely it must be regulated; the Framework, the bureaucrats' tool: “Totalitarianism is inevitable
when Ethics becomes politics.”(Hurst: 2008:87)
Bond's elision notwithstanding, as 'applied ethics' - “...the philosophical examination, from a moral standpoint,
of ...issues in private and public life that are matters of moral judgment” (Almond, cited in Mautner 1997:33) –
the test is what the Framework achieves, not what it purports to be. Only in it's multiplicity, as 'performative
utterance' (Austin 1976:6) 'text '(Derrida & Kamuf 1986), 'khora' (Derrida 1995; Sampson 2004:23) and
'heterotopia' (Foucault 1967); language, and 'ethos' (“...abode, dwelling place,” - Heidegger 1978:233), can we
confront the invisible forces occupying this 'house of being,'(ibid:193) an "...entombment of lost intentions and
guarded secrets" (Derrida & Leavey 1989:88) - 'haunted' (Wigley 1995:164) by Legion (Mark 5:9) contested
meanings. Through problematizing ethics as praxis within a totalizing psychotherapy (Larner 1999:45) we may
locate a truly ethical 'dance' of '...skilled improvisations in a relational context' (ACP 2009), if not in the
tensions of this 'incongruous' meeting (Nel 2002:166) of structure and flow; then in that 'impossible' (Lacan
1998:167), 'intrinsic[ally] dangerous' (House 1997:327) space – 'Life' - without Framework, or Regulation, its'
feared/desired mirror and master.

1 “The proposals for HPC regulation cannot be separated from the creation of National Occupational Standards for the
field; the recent Skills for Health initiative to determine ‘competences’; NICE clinical guidelines privileging a single
form of ‘evidence-based’ therapy over all other modalities; and the so-called Improving Access to Psychological
Therapies scheme.” - (Alliance for Counselling and Psychotherapy 2009)

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Lying: Philosophically
In declaring its' 'Ethical' intention to 'inform practice' (BACPEF2009:2), the Framework is 'performative
utterance' (Austin 1976:22), enacting the ethical universe of its' members. In Austin's terms, it is 'serious';
delimiting outcomes.:
“A decision or course of action does not necessarily become unethical merely because it is contentious or other
practitioners would have reached different conclusions... A practitioner's obligation is to consider all the
relevant circumstances with as much care as is reasonably possible and to be appropriately accountable for
decisions made.”(BACPEF 2009:2)
It thus positions itself in the utilitarian/teleological camp of consequentialists such as Singer (1993), but, as
Lyotard (1984:12) , glossing Wittgenstein, observes, a performative utterance in a 'language game' also
positions the practitioner; their enforced acceptance of the rules of the game giving it the means to become
reality, – the closed loop of Horkheimers' 'paranoia of reason', present 'in any… mere pursuit of aims.'
(2004:119). So, a nominally liberal/communal end - exercise of conscience ('consentia', 'together-knowing' -
Jonsen 1992:335) is imposed hiearchically, via totalitarian means.
The compromised game is also rigged, a self-protective 'racket' (Erskine & Zalcman 1979). Consider the
implied licence to act freely – ethically – in the client's interests. Counsellors bear the burden of decision, but
the Frameworks' auto de fe holds them to account. (Pattison 2001:10). Experiencing power in this 'shared'
Framework thus depends on whether one is positioned as interpreter, or interpreted. In a conflict between
conscience and 'Framework' , inequity is obvious:
“Even progressive movements threaten to turn into their opposite to the degree to which they accept the rules of
the game...tolerance is an end in itself only when it is truly universal, practised by the rulers as well as by the
ruled.”(Marcuse 1969:83)
Ladd (1985:131) notes:
“Attaching disciplinary procedures, methods of adjudication and sanctions...to the principles one calls
'ethical'...automatically converts them into legal rules...To label such conventions, rules and standards 'ethical'
simply reflects an intellectual confusion about the status and function of these conventions, rules and standards.”
Indeed, there is something of Deleuze's enculage (1997:6) in the forced marriage of ethical standards and
disciplinary procedures; a promiscuous, interpenetrative intercourse - glossed mischievously by Clarkson
(2006:102) - of 'Value' (“whatever you do or do not do observable by others'), 'Principle' (“[indicating] which
normative group/collective an individual has chosen to....belong to.”) , and 'Moral' (“whatever you believe is
good in your opinion”):
“We have at play values, ethics, morals and the law in a complex dynamic human system... [in which] every
epistemological domain of discourse appears to have its own well established but quite different truth
criteria.”(ibid.:101, my emphasis).
Tjeltveit identifies six (1999: 18-19), Clarkson seven: “...physiological, emotional, nominative... normative,
rational, narrative (theory, story) and transpersonal.”, adding that these operate 'fractally' across scale, from
client/counsellor to professional body to national registration; through common themes:
“...secrets, money and sex...”(Clarkson 2006:102)
A confusion of aims, then. A “...coexistence of different approaches,”(BACPEF 2009:2); ethical 'bricolage'
(Lèvi-Strauss 1994:16-17); or Sleep of Reason, in a space designed as all things and nothing, “...neither present
nor absent, active or passive... khôra... not even a receptacle.” (Caputo 2004:35-36) In this Other, the
Framework is conceived and birthed, marked by irresolvable conflict:
“The utilitarian strain...which posits the happiness of individuals as the paramount ethical goal, is in tension
with the claim to autonomous subjectivity...Either it merely reproduces heteronomy, in which case the
individual ultimately becomes a mere object of a social-scientific calculus of desires, accomplished in practice
by the marketplace, or happiness must be founded on autonomy."(Angus, 2000:156)
Moving from the expression of this conflicted utterance to its' siting reveals further aporia. Seeking to be both

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boundaried (Heidegger 1997:100) - “This statement...unifies and replaces all...earlier codes....” (BACPEF
2009:2) - and liminal (Turner 1995:95) - “...practitioners will encounter circumstances in which it is impossible
to reconcile all the applicable principles...” (BACPEF 2009:2) - the Framework offers recognition of conflict
but denies resolution, an appearance of Reason achieved through its' simultaneity as a locus both 'homely' and
strange, Freud's Unheimliche (2003:124-5); a “recourse to the Uncanny”, as “decisive and organizing”
principle, but one which “disturbs both the ethics and politics that follow implicitly from that order.”(Derrida &
Wolfreys 1998:161).
A place of ec-stasy (Nancy 2003:75) - “ex-: out, and stasis: to be or stand: outside oneself”- Concise OED,
2008:454 - a standoff of tensions, where, forced to adopt stances within a frame, the 'dance' is constrained into
stasis, and must possess, resist and be possessed by 'relations of power' (Foucault 1995:142) , apports of
instrumental coercion relocated in the language of Ethics.
It is solipsistic collapse, immanent within the hermetic/hermeneutic structure. Following Jenkins' (1997:163) ,
by apagogical argument, any part of the BACPs' architecture of 'Values', 'Principles' and 'Morals' is designed so
that it may be deployed to demolish any other. To co-locate all possible positions within itself, and so resist
reduction to the Concrete (for Noddings (2003:8) the very seat of ethics ) results in a zero-sum game, as 'social
trap' (Platt 1973). Playing out within the boundaries of the self-deconstructing 'ethical' structure, reducing all to
all, hence any to none: a nihilistic retreat cloaked in a totalising ontological 'violence' (Colebrook 2005:98-99)
of repressive tolerance and disciplinary power, rendering individual ethics impossible: a 'structure' which
supports any position undermining all:
“The application of law ruins the notion of justice, but in the ruin of justice law is destroyed, because there is
no law without justice. Justice requires the suspension of law, but in the suspension of law, there is no justice,
because there cannot be justice without law...In other words, to make the either/or choice between incompatible
characterizations (e.g. justice is the application of law, or justice is the suspension of law) is always to have lost
the phenomenon ('justice itself'.)”(Hurst, 2008:77)
“Morality”, says Bauman “is unavoidably aporetic.”(1993:12)
Lying: Instrumentally
So: how to read this 'text' (Derrida & Kamuf 1986)? Severed from 'seriousness', 'Rationality', undermined by it's
own irrationality (Deleuze 2004:262), is set at play: a 'scaffolding' enclosing nothing, parergon, a frame which
constitutes and destroys (Derrida, 1987: 12, cited in Culler, 2008:193); an abode of spectres of multiple
meaning, erected in uncertain philosophical borderlands. Haunted by the 'etiolation' (Austin 1976:2), of it's own
re-iterations, the Derridan Trace (2003:130) across the Saussurean Sign (1998:65-96, Cilliers 1998:44) lays bare
the Framework's failure as peformative utterance.
If we would discover what it achieves - its 'instrumentality' - ( Grant. 2002) - we must instead attend to the
shadow it casts. Adopting the heterotopic position: (“I discover my absence from the place where I am, since I
see myself over there.” - Foucault 1967) what is prohibited, what permitted?
It says it is a 'statement', replacing 'earlier codes'. Consider Veatch (1990:40) then, on the Ur-text of codes:
"The Hippocratic Oath...includes a pledge of secrecy. As was true of many Greek mystery cults, the esoteric
knowledge was considered too incomprehensible and too dangerous to be divulged to mere ordinary humans.”
Follow this trace, through the membership rings of Freud's 'Secret Committee' (Grosskurth 1991), to today's
secular priesthood, the BACPs' broad church of talking therapies; our contemporary mystery cults... People of
many Books, huddled beneath one Framework: boundary and threshold, fort and marketplace; a place to be in,
defining those who are without; a Guildhouse (Masson 1991:4); a restriction of trade.
There we practice our rites of confession and absolution, encoded in special language, training, registration,
manualisation, supervision, and regulation; artefacts all of, as Samuels puts it: “This profession, which is not
one, [which] cannot even be named.”(cited, House & Totton 1997:1) .
A problematic locale for a Person Centred Therapist – from one Rogers' observation that there are “...as many
certified charlatans and exploiters...as there are certified” (Rogers, C: 1980: 244), to anothers':

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“The person-centred approach is practically, theoretically, politically and ethically at odds with current
regulatory proposals.” (Rogers, A, 2009:29)
Totton meanwhile questions the whole 'professionalisation' of therapy, since:
“...to be a profession we must necessarily align ourselves with mainstream social values and styles of
proceeding...[and] therapy is inherently subversive of mainstream values and conventions.” (2008:84).
Others note the instrumental effects of 'professional' codes. They tend to: “construe ethical behaviours
narrowly...[emphasizing] the avoidance of overt sins, but pay little attention to errors of omission.”; “weasel
words” acting to “encourage passivity, existential bad faith and the failure to be courageous...”, ethics
“...diminishing into a set of rules to be obeyed.”; so that “Hierarchy is not only permissable...it is valued and
reified...” It is hubris: “A profession that insists on articulating its own ethic is claiming for itself the role of a
competing religion...”(Brown, 1997:57-66)
The Framework's self-deconstructing relativism aims to resist such claims, but Kultgen's critique of ideological
function is harder to evade. (1988: 411-417) He defines 'professional ideology' as the ideas by which “...an
occupational group” may “mobilize its members and appeal to those in.... power in order to gain or retain
control over the market for their services and the social standing which recognized professionals enjoy.”
Identifying four 'myths' that support “profession...as autonomous collegial meritocracy” – 'independence',
'altruism', 'peer review', and 'wisdom' - he locates Codes as the instrument through which these myths are
enacted: “... official expressions of normative components in the self-images of professions.” The role of a code
is thus to “...convey the impression that a profession is concerned about ethics.”
It is Bond's aspirational sleight of hand again, a point also made by Edgar (1994) citing McKinlay; codes as:
“...political counters constructed as much to serve as public evidence of professional intentions and ideals as to
provide actual behavioural guidelines... reification[s] of a more or less arbitrary series of moral intuitions”
furthering a “hidden curriculum” to establish “...a hierarchy of professional...and non professional 'life worlds'”.
This, he states, engenders conflict between ideas of 'trust' and 'legitimacy' which “...implies some process of
manipulation of public and client perception...undesirable qualities are concealed...” so that a code may work to
“reinforce that which is already accepted...thereby paradoxically hindering the process of professionalization.”
Others (e.g. Freidson 1988:186-7; Pattison 2001; Fisher 2009:6) agree on this inwardness of professional codes;
existing as much for the benefit of the 'profession' as for the client. Though a hegemonic (Kottak, 2004:282)
Ethical Code may work instrumentally for the 'profession' it creates/'supports' - even, coincidentally, serve in the
resolution of issues - it does so by positioning all practitioners as “untrustworthy”, a “Thou Shalt Not
mentality.”(House 1997:323) undermining true ethical engagement, the “broader perspective that embraces the
whole of a life and not simply the one decision that is at hand.”(Brody 1993:211).
The Framework, as a “participant in the act of interpretation”(Edgar 1994:160) – can only in-corporate ethical
positions which reflect its' own 'schema' (Kant, 2007:177) - a function of its' totalising power, as a “reactionary
cultural practice [that] attempts to seal borders and prohibit translations.”(Angus 2000:150) – i.e., the
Framework's ideal Self as a (Western, male) individual of agency, reason, and freedom of action. But - limit and
threshold, parergon - Framework-as-border is also where that which undermines it is encountered. Ethical
positions deriving from such Othering of Self (Angus, 2000:152) - e.g. autonomy problematised as a Western
value (Varma 1988: 145 cited in Tjeltveit 1999:4), critiques of 'male' ethics (e.g. Beauvoir & Parshley 1953:611,
cited in Heinämaa 2003:70) are the ghosts that haunt it:
“...recalling social connections that were unchosen but enfolding and demanding...involuntary belonging, a
claim from without...a scandal...to autonomy. Ethnicity, race, class – all raise figures which cannot be made
uniform, that which is not equally available to all.” (Angus 2000:154)
The Dance
And where is Therapy? Where else, but constrained, and resisting: here, at play in the Sergeant-Majors'
ballet, (Thorne 2009:24), in the Ghost Dance: “resistance...to....cultural distortion.”- (Kehoe, 1989:122); in the
haunted house, on the borderlands.:

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“A structure permits the play of its elements inside the total form...Nevertheless [it] also closes off the play
which it opens up and makes possible...Anxiety is invariably the result of a certain mode of being implicated in
the game." (Derrida & Bass 2001:352)
Boundary, and threshold:
“Not that at which something stops but...from which something begins its presencing.” - (Heidegger 1997:100)
Struggling against the failed Frame: ethical engagement independant of hierarchy, nor limited to Reason;
recognising “we are all exceptional cases.”(Camus 2006:60); as Irigary has it: “Ethics is the question of the
(different) openings to the world..."(cited, Colebrook 2005:160)
And so, an ethic of Caring:
“To care is to act not by fixed rule but by affection and regard... her actions whilst predictable in a global sense,
will be unpredictable in detail. Variation is to be expected...” (Noddings 2003:24)
An ethic of Trust:
“...Having trust or being trusted undercuts the temptation to defect in the prisoners' dilemma that characterizes
market-based society.”(Rubin 2005)
...A new 'casuistry' (Jonsen 1992); restorative justice (Zehr 2002); Situation Ethics (Fletcher, 1997); feminist,
collaboration (FTI, 1999); a 'solidarity' based on self as 'something that can be humiliated'.(Rorty 1989:91); an
ethic of personal accountability (Postle 1999)...
...etcetera. No Modernist closure (Bauman 1993:7), just a recognition that “...a clash of doctrines is not a
disaster, it is an opportunity.” (Whitehead, 1967:186); an experiencing, within the power relations of client to
therapist, therapist to society, of Hoy's 'unenforceable obligations':
“...Unenforceable precisely because of the other’s lack of power. That actions are at once obligatory and at the
same time unenforceable is what put them in the category of the ethical. Obligations that were enforced would,
by the virtue of the force behind them, not be freely undertaken and would not be in the realm of the ethical"
(2004:184)
Or, as Derrida said: "the ethical is undecidability, and...the ethical domain proper is différance.”

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