Tag Archives: fairness

Just In Time For Christmas, Here Are All The Bad Arguments And Rationalizations Against Tipping So You Can Feel Self-Righteous About Being A Scrooge

See? The rest of the world knows how to deal with you sexist, racist, aristocratic poverty perpetuating, self-esteem destroying bastards!

See? The rest of the world knows how to deal with you sexist, racist, aristocratic poverty perpetuating, self-esteem destroying bastards!

Vox has published an entertaining screed against tipping, massing all the contradictory, facile rationalizations and faulty arguments against demonstrating one’s gratitude when someone serves you well. This is Vox, remember—Ezra Klein’s uber-progressive website with an agenda. Think about what the alternative to tipping is, and where the critics of tipping are going with these claims. Hint 1: It has nothing to do with democracy or individualism. Hint 2: The piece argues that tipping is classist, racist, sexist, “lookist”…the works.

The full illogical, ethically confused character of this junk has to be read to be fully appreciated, but here is a quick overview:

1. Hoary old quotes. There are these, for example:

English author Lynne Truss on visiting New York: “In this great financial capital … tips are not niceties: give a ‘thank you’ that isn’t green and foldable and you are actively starving someone’s children.” No, Lynne, you’re being cheap, that’s all.

The Village Voice’s Foster Kamer: “It reinforces an economically and socially dangerous status quo, while buttressing a functional aristocracy.”   Ah. You see, if lower paid service professions are treated like robots and underpaid, they will rise up and overturn this monstrosity called capitalism.

 Michael Lewis: “I feel we are creeping slowly toward a kind of baksheesh economy in which everyone expects to be showered with coins simply for doing what they’ve already been paid to do.” Who is being “showered with coins?”

2. “Tipping lets employers off the hook.” Translation: It gets in the way of the progressive “living wage” campaign. Mandatory salary levels drive businesses out of business and reduce jobs. Want to see all restaurants go to the iPad, self-ordering, system running rampant at airport restaurants—and no, I don’t tip a runner who just carried my food to the table—by all means, force restaurants to pay “a living wage.”

3.  “Tipping is undemocratic.” This is the George Orwell, “Peace is War” argument. The government should stop me from giving my money to whoever I want in the name of democracy. Continue reading

12 Comments

Filed under Business & Commercial, Etiquette and manners, Gender and Sex, Government & Politics, Journalism & Media, Law & Law Enforcement, Public Service, Philanthropy, Charity, U.S. Society, Workplace

Unethical Quote of the Week; Chris Rock

Shut up, Chris.

Shut up, Chris.

“You say the wrong thing — you see what happened to [Donald Sterling],” Rock said. “I’m not defending what Sterling said at all, but if that’s not the First Amendment then what the [bleep] is? And what did he say, ‘I don’t want my girlfriend hanging out with black basketball players’? Me neither!”

—Black comic and “truth-teller” Chris Rock, discussing the fear in Hollywood as a result of the Sony hacks.

Gee, Chris, that’s courageous, fair, perceptive and true.

What a shame you didn’t have the integrity or guts to condemn what happened to Sterling while every other black pundit, columnist, athlete, and celebrity was comparing him to Satan. You just allowed everyone to pile on the old, rich white guy, take away his team and make him the face of racism for telling his slutty black  girlfriend—in his own bedroom!—not to flaunt the fact she was only hanging with him for the money by showing up at his teams’ games with her real boyfriends. You Hollywood types are hilarious–as in disgusting— in your selective belief in rights, privacy and fair play. First Aaron Sorkin, who didn’t object to the media feeding frenzy over Sterling’s private remarks, suddenly argues that his friends and business associates’ equally damning comments shouldn’t be reported because they aren’t about crime and corruption, and thus aren’t news. Then you suddenly decide to defend Donald Sterling’s rights of privacy and free speech now, when there is no cost to you at all, and the damage is done and irreparable.

Here’s what’s unethical about your statement, Chris: it’s too damn late.

 

13 Comments

Filed under Arts & Entertainment, Character, Ethics Quotes, Ethics Train Wrecks, Rights, U.S. Society

Seeking Justice And Fairness in Topeka, And Arriving At Stupid

With a song!

With a song!

In Topeka, Kansas, Judge Mark Braun was confronted with a legal and ethical dilemma, thought hard, and arrived at ridiculous decision, with the of best intentions.

Defendant Lance Franklin was in the fourth day of his trial for rape when he decided that he didn’t like his lawyer’s face or something and thus sucker-punched him in open court. Franklin is  is six-feet, three-inches tall and weighs at least 260 pounds; he devoted attorney weighs about 170 pounds and is considerably shorter. This sort of thing happens now and then (it happened in Kansas earlier this year) does not go over well with juries. Imagine, for example, if Mike Brown hadn’t been killed and was being tried for assaulting an officer, and he did this to his lawyer right after his mother had told the jury what a gentle, promising child he was. The display would, one would think, undermine his credibility when he swore he was just meekly surrendering….well, with the racist jurors, anyway.

Thus, when this happens, judges declare mistrials because a fair trial is no longer possible. Ah, but Judge Braun has seen it all: you can’t trick him. He knows that if Kansas defendants see one accused criminal get to start all over because he cold-cocks his lawyer, they’ll all do it if the trial is going badly. So after senior assistant district attorney Dustin Curry begged him not to reward Franklin for his unmannerly gesture, Braun ruled that declaring a mistrial would “essentially put a target on any defense attorney’s back.”

The trial goes on, presumably with a new lawyer. And, when Franklin is found guilty, a successful appeal and new trial is virtually guaranteed, because a fair trial after something like this is impossible.

The judge was trying to be careful and considerate; he should be commended for not making an automatic decision to call a mistrial just because that’s what every other judge has done. He kept an open mind, and listened to a novel argument. Sometimes, however, an open mind lets stuff in causes havoc. In his effort to prevent lawyers from becoming in-trial punching bags, he guaranteed one defendant a second trial, and just moved that target somewhere else.

For example, I’m pretty sure attacking the jury mid-trial is a sure-fire recipe for a mistrial if battering one’s lawyer won’t work.

Or better yet, deck the judge!

Deck the Judge to get a mistrial
Fa-la-la-la-la, la-la-la-la
Punching lawyers s’not for this trial
Fa-la-la-la-la, la-la-la-la
If your trial is going badly
Fa-la-la, la-la-la, la-la-la.
Rush the bench while swinging madly.
Fa-la-la-la-la, la-la-la-la!

____________________

Pointer: ABA Journal

Facts: Capital-Journal

20 Comments

Filed under Law & Law Enforcement

Encore: “Ethics Call To Arms: Fight the ‘Fuck You!’ Culture”

 

kid fu

[This happens sometimes with 5000 posts in the bank: some topic causes me to find one that I can’t even remember writing, and I realize that I still agree with it, and if I forgot about, everyone else probably did too. The previous post led me to link to this one, and I decided that the list of steps I recommended to try to halt the culture’s slide into permanent vulgarity and incivility was worth re-posting, especially since five years ago the blog got less than a fifth of the traffic it does today. Thus I am re-posting this one, slightly edited to remove a few rhetorical excesses and outdated references, from November 18, 2010.]

“Every action done in company ought to be with some sign of respect to those that are present.”

This was the very first edict in the list of civility rules memorized by George Washington as a child, rules that shaped his character and significantly influenced not only his life and career but the fate of America. Like most of Washington’s 11o rules, the first has universal and timeless validity, pointing all of us and our culture toward a society based on mutual respect, caring, empathy, and fairness.

Recently, however, there has been a powerful cultural movement away from George’s rules and the culture of civility that they represent. Rudeness has always been with us, of course, and public decorum has been in steady decline since the Beatniks of the Fifties, to the point where it is unremarkable to see church-goers in flip-flops and airplane passengers in tank-tops. Something else is going on, however. Like the colored dots of paint in a George Seurat painting, isolated incidents and clues have begun to converge into a picture, and it is not one of a pleasant day in the park. I believe we are seeing a dangerous shift away from civility as a cultural value, which means that we are seeing a cultural rejection of ethics. Continue reading

17 Comments

Filed under Daily Life, Education, Etiquette and manners, Government & Politics, Journalism & Media, Law & Law Enforcement, Popular Culture, U.S. Society

Ethics Alarms Mail Bag: The Cologne Allergy

Perfume allergyEvery now and then readers think I’m Ann Landers. Today I got a “Dear Ethics Alarms: What’s right?” e-mail from a friend, and I thought I’d answer it on the blog because it raises a classic ethics conundrum.

The inquirer belongs to a social group that meets weekly. It is a weekly joy, I am told; the writer has been attending for years. Everyone convenes, on the given day, right after work. Attendance varies, and membership is informal, though individuals have been told, on rare occasions, to come no more.

Of late an infrequent attendee, but a member of long standing, has begun to attend meetings with some regularity. My friend says this is not the happiest of developments, because the two do not get along. It is a breach of long-standing, I am told and is not going to be healed. “She is an asshole,” is how the letter delicately puts it.

Last week, shortly before the end of the 90 minute gathering, the recent interloper stood up and declared that she had developed a serious allergy to colognes, perfumes, aftershave, and all chemical scents. Looking right at my friend, she declared that this allergy made exposure to any sort of commercial scent unbearable, and she asked that in the future no members should wear perfume of any kind.

“I have worn a favorite brand of cologne every day for over thirty years,” the from my acquaintance letter says. “I always get complimented on it; the scent is subtle and nobody would notice it unless they were right next to me. The asshole and I have been separated by the length of the room since she started coming. Personally, I think she made the demand just to make me miserable. She knows, from our previous relationship [NOTE: I think it was more than just a friendship], that I wear the cologne.”

The question: Is she ethically obligated to stop wearing cologne on the day of the meeting (she goes right from work) to accommodate this member’s special problem?

Add to this the broader ethics question that comes up often: Does a group member with special sensitivity have the ethical upper hand allowing such a member to demand that all other members avoid conduct that only bothers that member? Continue reading

35 Comments

Filed under Daily Life, Workplace, Health and Medicine, Etiquette and manners, Romance and Relationships, Character, Rights

Ethics Quote Of The Month: Aaron Sorkin

“You want the truth? Well, you can’t have the truth because I’ve decided that it isn’t newsworthy!”

“I understand that news outlets routinely use stolen information. That’s how we got the Pentagon Papers, to use an oft-used argument. But there is nothing in these documents remotely rising to the level of public interest of the information found in the Pentagon Papers. Do the emails contain any information about Sony breaking the law? No. Misleading the public? No. Acting in direct harm to customers, the way the tobacco companies or Enron did? No. Is there even one sentence in one private email that was stolen that even hints at wrongdoing of any kind? Anything that can help, inform or protect anyone? The co-editor in chief of Variety tells us he decided that the leaks were — to use his word — “newsworthy.” I’m dying to ask him what part of the studio’s post-production notes on Cameron Crowe’s new project is newsworthy. So newsworthy that it’s worth carrying out the wishes of people who’ve said they’re going to murder families and who have so far done everything they’ve threatened to do. Newsworthy. As the character Inigo Montoya said in “The Princess Bride,” I do not think it means what you think it means.”

—-Acclaimed screenwriter, playwright and Hollywood liberal Aaron Sorkin, reprimanding the news media  for publishing material from the Sony computer hacks in an Op-Ed in the New York Times.

There are many other titles for this post I considered, like “Jaw-dropping Hypocrisy of the Month,” “Self-serving Delusion of the Month,” and “This Is The Tragedy of Partisan Delusion: Won’t You Give Generously To Help Aaron”?

I’ve got to give the man credit: it takes world class gall for to write something like this self-serving for international consumption. Self-righteous, Freedom of the Press-promoting (Sorkin is the creator and writer of “The Newsroom” series on cable) Hollywood liberals applauded and screamed for blood when a near-senile billionaire’s private comments made in his own bedroom were surreptitiously recorded by his paid female mistress and plastered all over the media, because the private, private, private words suggested that he held racist attitudes, and no matter what he actually did (which was sufficient to be named an NAACP “man of the Year,” a distinction Aaron Sorkin has never earned),  that meant that he had to be publicly humiliated, fined millions and stripped of his business. We didn’t hear Sorkin protesting that this wasn’t newsworthy. Nor did the Sorkins of an earlier generation protest when the very same newspaper carrying his essay published criminally stolen Defense Department documents that, whatever was contained in them, were part of a sincere effort to win a war. Continue reading

12 Comments

Filed under Arts & Entertainment, Business & Commercial, Ethics Quotes, Ethics Train Wrecks, Journalism & Media, Popular Culture, War and the Military

The Professor and the Insensitive Law School Exam Question

"Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can't think straight. I dare you."

“Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can’t think straight. I dare you.”

A Constitutional Law exam at UCLA Law School included this question:

CNN News reported: On Nov. 24, St. Louis County prosecuting attorney Robert McCulloch announced in a publicized press conference that Police Officer Darren Wilson (who has since resigned) would not be indicted in the August 9 shooting of Michael Brown. Michael Brown’s stepfather, Louis Head, was with hundreds of protesters assembled outside the police station, listening on loudspeakers and car radios when they learned Officer Wilson was not being charged. Standing on the hood of a car, Mr. Head embraced Michael Brown’s mother. Mr. Head asked someone for a bullhorn but it was not passed to him. He turned to the crowd, stomped on the hood and shouted, repeatedly, “Burn this bitch down!”

Police Chief Tom Jackson told Fox “News,” “We are pursuing those comments … We can’t let Ferguson and the community die [as a result of the riots and fires following McCulloch’s announcement]. Everyone who is responsible for taking away people’s property, their livelihoods, their jobs, their businesses — every single one of them needs to be prosecuted to the fullest extent of the law.”

County Attorney Robert McCulloch asks lawyers in his office whether to seek an indictment against Head by relying on a statute forbidding breach of the peace and another prohibiting rioting (six or more persons assembling to violate laws with violence). A recent hire in the office, you are asked to write a memo discussing the relevant 1st Amendment issues in such a prosecution. Write the memo.

The question is a fair and legitimate one, and very typical of law school exams, which often ask students to apply course content to current events. Nonetheless, it provoked a controversy.

Shyrissa Dobbins, a second-year law student in the course and is chair of the Black Law Students Association, complained, “Daily I think about Michael Brown and Eric Garner, and I have a challenge. Every day I think about this injustice and how I’m in a law school that won’t even make a statement about it.” Hussain Turk, a second-year law student who took the exam, argued that  exams should not ask students to address controversial events, and that the question was unfair, as it could be more emotionally difficult for black students to answer. “These kinds of questions create a hostile learning environment for students of color, especially black students who are already disadvantaged by the institution,” Turk said.

There is only one proper rebuttal for this foolishness:

“Grow up, deal with your biases, start thinking like lawyers or find a profession you can handle.”

Pathetically, the law professor, Robert Goldstein apologized in an email in an e-mail to students, saying, “I recognize … that the recent disturbing and painful events and subsequent decisions in Ferguson and New York make this subject too raw to be an opportunity for many of you to demonstrate what you have learned in this class this year,” and promised to discount scores students receive on the question if it lowers the overall score of the student.

Law school Dean Rachel Moran added to the misplaced sensitivity-fest, and her e-mail, said…

“In retrospect, however, he understands that the question was ill-timed for the examination and could have been problematic for students given the anguish among many in our community over the grand jury decisions in the Michael Brown and Eric Garner cases.”

Observations: Continue reading

16 Comments

Filed under Education, Ethics Alarms Award Nominee, Ethics Train Wrecks, Law & Law Enforcement