Month: December 2017

From “The Ethics Incompleteness Principle” Files: Memphis, Tennessee’s Confederate Statues

/ Jack Marshall / 93 Comments

A better application of the Ethics Incompleteness Principle would be difficult to find than the decision by Memphis, Tennessee to remove a huge monument to Jefferson Davis, the president of the Confederacy, and an even larger heroic equestrian statue (above) of Nathan Bedford Forrest, swashbuckling Confederate general and (allegedly) the first Grand Wizard of the Ku Klux Klan,  from two public parks.

As we have discussed here in great detail, I am unalterably opposed to the current mania among our Left-leaning friends and neighbors  of tearing down statues, monuments and memorials honoring  past historical figures because their lives, beliefs and character do not comport with current day standards or political norms.  This primitive exercise in historical censorship has been especially focused on famous and notable figures from the Confederacy, although recent efforts have targeted George Washington, Thomas Jefferson, Andrew Jackson and even Theodore Roosevelt. Of the attacks on memorials to Confederate figures, I wrote,

[ Union veterans]  didn’t think of the former Confederates as traitors, or racists, or slavery advocates. They, like the Union veterans, were just men of their times, caught up in a great political and human rights conflict that came too fast and too furiously for any of them to manage. They were caught in the same, violent maelstrom, and knew it even 50 years earlier. Soldiers on both side wrote how they admired the courage of the enemy combatants they were killing, because they knew they were, in all the ways that mattered, just like them. It was the Golden Rule.  After the war, these soldiers who had faced death at the hands of these same generals, officers and troops, did not begrudge them the honor of their statues and memorials, nor their families pride in the bravery of their loved ones.

Yet now,  self-righteous social justice censors who never took up arms for any cause and in many cases never would, employ their pitifully inadequate knowledge of history to proclaim all the Civil War’s combatants on the losing side as racists and traitors, and decree that they should be hidden from future generations in shame. We have honored men and women for the good that they represent, not the mistakes, sins and misconduct that are usually the product of the times and values in which they lived. In doing so, we leave clues, memories, controversies, differing views, and stories for new generations to consider and better understand their own culture and society, and how it came to be what it is.

Those who want to tear down monuments to the imperfect, whether they know it or not, are impeding knowledge, perspective, wisdom, and understanding. They want only one view of history, because they will only tolerate one that advances their ideology and values—just as the Americans of the past believed in their values. Foolishly, I suppose, they trusted future generations to act on their own ethical enlightenment without corrupting the historical record.

I feel strongly about this, as the tone of that post, far from my first on the subject, shows.

But… Continue reading →

And Now A Brief Word From Charles Dickens….

/ Jack Marshall / 7 Comments

From “A Christmas Carol”:

The chimes were ringing the three quarters past eleven at that moment.

“Forgive me if I am not justified in what I ask,” said Scrooge, looking intently at the Spirit’s robe, “but I see something strange, and not belonging to yourself, protruding from your skirts. Is it a foot or a claw!”

“It might be a claw, for the flesh there is upon it,” was the Spirit’s sorrowful reply. “Look here.”

From the foldings of its robe, it brought two children; wretched, abject, frightful, hideous, miserable. They knelt down at its feet, and clung upon the outside of its garment.

“Oh, Man! look here. Look, look, down here!” exclaimed the Ghost.

They were a boy and girl. Yellow, meagre, ragged, scowling, wolfish; but prostrate, too, in their humility. Where graceful youth should have filled their features out, and touched them with its freshest tints, a stale and shrivelled hand, like that of age, had pinched, and twisted them, and pulled them into shreds. Where angels might have sat enthroned, devils lurked, and glared out menacing. No change, no degradation, no perversion of humanity, in any grade, through all the mysteries of wonderful creation, has monsters half so horrible and dread.

Scrooge started back, appalled. Having them shown to him in this way, he tried to say they were fine children, but the words choked themselves, rather than be parties to a lie of such enormous magnitude.

“Spirit! are they yours?” Scrooge could say no more.

“They are Man’s,” said the Spirit, looking down upon them. “And they cling to me, appealing from their fathers. This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy, for on his brow I see that written which is Doom, unless the writing be erased. Deny it!” cried the Spirit, stretching out its hand towards the city. “Slander those who tell it ye! Admit it for your factious purposes, and make it worse! And bide the end!”

“Have they no refuge or resource?” cried Scrooge.“

“Are there no prisons?” said the Spirit, turning on him for the last time with his own words. “Are there no workhouses?”

The bell struck twelve.

Morning Ethics Warm-Up, Christmas Eve 2017: I TRIED To Find Upbeat, Inspirational Items Today, Santa, I Really Did…

/ Jack Marshall / 67 Comments

Goooood MORNING!

1  I believe the correct term is “rude”...Social norms are necessary to maintain ethical standards, and they need to move quickly when conduct begins to resemble the “broken windows” that trigger urban decay. Years ago there was much complaining about solo diners talking on cell phones in restaurants, a gripe based on “ick” and not ethics. A diner’s table is his or her domain, and if one chooses to talk to a friend who is physically present or one who is elsewhere, that’s no other diner’s business unless the conversation breaks the sound barrier. However, walking around a store while having a loud, endless conversation via earpiece and phone is obnoxious in the extreme. That’s a public place, and the market is an important traditional locus for social interaction and community bonding. Technology is creating toxic social habits that are creating isolation and the deterioration in social skills, including basic respect for the human beings with whom we share existence. I almost confronted a young woman at the CVS last night who was cruising the aisles, laughing and dishing with a friend over her phone,  sometimes bumping into other shoppers in the process.

I wish I had. Next time.

2. I hadn’t thought of this, but it’s obviously a problem of longstanding. Local school boards are traditional gateways to public service and politics, but the previously typical citizens who become involved often have no experience or understanding regarding the basic ethics principle of public office. In San Antonio, for example, a jury acquitted San Antonio Independent School District trustee Olga Hernandez of conspiracy to commit honest service wire fraud and conspiracy to solicit and accept bribes, the result was dictated by her utter cluelessness rather than any doubts about what she did. Testimony revealed an inner-city school district where vendors and board members developed relationships that created conflicts of interest and compromised judgment. The vendors knew what was going on, but the school board members may not have.

Hernandez, for example, testified that she considered the plane tickets, complimentary hotel stays, jewelry, meals and campaign contributions she received from those connected with a local insurance brokerage firm doing business with the school district as favors and gifts from friends. Coincidentally, none of them had been her friends before she was in a position to help them make money.

The beginning of careers in public service is when ethics training is most crucial, not later. How many school board members are required to attend a basic ethics seminar regarding government ethics? I would love to know. Continue reading →

Roger Simon Says The NeverTrumpers Owe The President An Apology. Well, He’s Not Getting One From Me…

/ Jack Marshall / 43 Comments

Hollywood screenwriter turned conservative writer and blogger Roger Simon wrote a post last week titled, “Why the Remaining NeverTrumpers Should Apologize Now.” If, by NeverTrumpers, Simon meant those who refuse to this day to accept the fact that the President was duly elected and continue to work to undermine his Presidency by any means possible, the headline would be too restrictive. Those unethical citizens and dangerous insurrectionists owe everyone an apology, including the founders and children yet unborn. They have done incalculable damage to the nation, society and our institutions, and we will suffer grievously because of it, if the U.S. survives it at all.

It is clear, however, that he is directing his screed at people like me, non-ideological moderates and conservatives who proclaimed during the 2016 campaign that they would never support the candidacy of Donald Trump, for all the self-evident reasons. Simon writes,

“Nevertheless, it is time for the remaining NeverTrumpers to apologize for a reason far more important than self-castigation or merely to make things “right.” Donald Trump — whose initial victory was a shock, even, ironically, to those of us who predicted it — has compounded that shock by being astoundingly successful in his first year, especially at the conclusion. (He’s a quick study, evidently.) More conservative goals have been achieved or put in motion in eleven months than in any time in recent, or even distant, memory. It’s an astonishing reversal for our country accompanied by the beginnings of an economic boom.”

It is true that any objective and fair observer should be able to acknowledge that the Trump administration has been far from the nightmarish failure Democrats and the news media have misrepresented it to be. It is also true that the cataclysmic bungle that the Left was certain Trump would sink the country with has not occurred. (Progressives consider conservative policies as cataclysmic, and thus are useless for this analysis.)  Unlike the Left, I will give the President credit for what he has presided over and facilitated, because all Presidents get credit for that. ISIS has been greatly weakened. The economy and consumer confidence are improving. The stock market is soaring. Illegal immigration is no longer being encouraged and sentimentalized by the federal government. We are backing away from world government, and refusing to be extorted by North Korea. As promised, the glut of federal regulations is being decreased, rather than expanded. Continue reading →

The New York Times’ “Lessons From A Year Talking Race”: Not Fake News, Just Divisive And Misleading Propaganda

/ Jack Marshall / 15 Comments

“Over the past year, we have hosted weekly live conversations about race and ethnicity on Facebook, tackling topics that ranged from black royalty to Latino baseball players to Asian-American slurs. RaceNYT, as we call the segment, is an extension of the crucial coverage on race — in America and beyond — that appears in The New York Times. We see it as a chance not only to explore important stories of race and what they mean to society, but also to give you, our readers and viewers, a chance to join the conversation.

These subjects are not always easy to talk about. Why, for instance, is affordable housing built mostly in poor, heavily minority areas? What are the terms about race that make us uncomfortable? And what do the United States and major institutions like universities owe the descendants of the enslaved people they profited from?

We explored these issues and more with a wide range of guests, including political strategists, filmmakers, academics and Times viewers. Here are five takeaways from the show…”

Thus spake the New York Times, online a couple of days ago, and in today’s print edition. What are stated as “takeaways” are, however, the product of confirmation bias, dubious assumptions, and efforts at political manipulation. For example…

Like racial minorities in the United States, Indigenous Australians are often relegated to the fringe of society, Craig Quartermaine, an Aboriginal television reporter and comedian, told us. “We’re window dressing,” he said.

Why this is unethical: Comparing the problems of Indigenous Australians to “racial minorities in the United States” is unsupportable. A comparison with indigenous North American populations would arguably be valid.

Madeline Vann reached out to us, wondering how she should handle the racially offensive remarks she was hearing in her community. She is a white freelance writer in Virginia.

Why this is unethical: Uh-uh. Ethics foul. You can’t tar a community like that without giving concrete examples. I live in Virginia: I almost never hear any “racially offensive remarks.” The New York Times core audience is the same group that believes it is “racially offensive” to object to NFL players using stadium time to issue half-baked protests they can’t articulate during the national anthem. The Times’ supposedly open inquiry on race begins with the assumption that the nation is racist. That’s called a bias. What kind of remarks are you talking about Madeline? How many, how often and from how many people?

“The first year of the Trump presidency has been marked by a vast racial chasm where perspectives often exist in different worlds.”

Why this is unethical: Wow, all that division in such a short time! This statement is deceitful. The reason there is a vast racial chasm is because the previous administration had eight years to put it there, and the because the news media fully committed to the project. The Congressional Black Caucus boycotted the Trump Inauguration, because part of the campaign strategy against him was to declare he was a racist, and that anyone who voted for him was a racist. That was a strategy developed into an art form to protect Barack Obama from legitimate criticism, and keep his loyal African American base angry and afraid.

Trayvon Martin’s death at the hands of a “white Hispanic” was politicized by Obama and the CDC to widen that “chasm,” and it occurred midway through the Obama years. In 2012, Joe Biden said that the Republicans wanted to put blacks “back in chains.” Black Lives Matter wasn’t a creature of the Trump administration. Black college students didn’t start demanding “safe spaces” without whites and special privileges after Trump’s election: they did it before. The historical airbrushing madness to use slavery to justify erasing any references to the confederacy was an Obama era phenomenon that has extended into Trump’s administration. The Oscars were bullied into making race a criteria for artistic honors during Obama’s administration.

The more I read that quote, the more misleading and intentionally dishonest it seems.

The Muslim-American activists Aber Kawas and Dalia Mogahed told us how they felt last month when the authorities quickly described an attack by a Muslim man in Manhattan as terrorism, while that term was never officially applied to a white man who fatally shot more than 50 people in Las Vegas weeks earlier.

“Pretty much we define terror attacks as something that’s done by a Muslim,” Ms. Kawas said. Continue reading →

Morning Ethics Warm-Up, 12/23/2017: Robots And “Star Wars” And Whiskers On Kittens

/ Jack Marshall / 64 Comments

Good Morning!

1 When Darth Vader cuts off Luke’s hand, that’s not news. When Mark Hamill bites the hand that feeds him…In recent interview, Mark Hamill, the one-trick pony, one-role actor who had been playing cameo parts on SyFy cable channel movies because he wasn’t enough of a draw to put in “Sharknado 6,” criticized how director Rian Johnson had him play Luke Skywalker in “Star Wars: The Last Jedi.” “He’s not my Luke Skywalker,” said Hamill in a recent interview, who originated the part four decades ago, when he had a career.

This is astounding ingratitude, and shows a lack of professionalism that suggests it wasn’t only limited range that strangled Hamill’s non-“Star Wars” prospects. The movie is still in theaters. The fact that he is in the latest trilogy at all is a gift. If he wants to knock the film in about ten years or so when he’s doing Fishin’ Magician informercials on cable and his comments get him 12 and a half minutes of fame on TMZ, that’s fine, but right now, he has an ethical obligation to the studio and his fellow artists to do everything he can to make the “Star Wars” geeks want to see the film.

You know Luke—can I call you Luke?—most of those other actors aren’t as lucky as you were, and don’t have a cushy guaranteed lifetime income from a single surprise hit that easily could have ended up on the second half of drive-in double features.

May the Force slap some sense into you.

2. Update: Governor Kasich is an idiot. But I bet you knew that. Yup, John Kasich signed into law that Ohio bill that made it illegal to abort a fetus diagnosed with Down Syndrome. This law is going to be struck down as unconstitutional, and it makes no sense. Signing it into law displays a bad combination of incompetence and cowardice.

BOY, that was a horrible crew of Republicans who all were thinking about Donald Trump, “Well, at least I know I can beat THIS guy!” I know many people like me, including some moderate Democrats, who were rooting for Kasich because he seemed preferable to having another Bush, the theocracy craving Mike Huckabee, the corrupt Chris Christie, weird Rand Paul, diabolical Ted Cruz, not-ready-for-prime- time Marco Rubio, dumb-as-a-box-of-whoopie-cushions Ben Carson, scary Carly Fiorina, or, as the alternative, the venal, inept and frighteningly ambitious Hillary Clinton. No, he’s a conservative hack with an honest face. This proves it. Continue reading →

When Doing The Ethical Thing Is Ugly But Necessary: AG Sessions’ Retracts One Of Those Obama “Dear Colleague Letters”

/ Jack Marshall / 10 Comments

By the way, “when doing the ethical thing is ugly but necessary” both refers to Sessions’ action and my writing this post…

 In March 2016 , President Obama’s Justice Department sent another one of the administrations patented (well, not really) “Dear Colleague letters” like the one that was used to bully colleges and universities into punishing male students for alleged sexual assault in the absence of sufficient evidence. This one was sent to state and local courts, urging them <cough>to review their procedures regarding fines and other punishments issued to the indigent  to ensure that they were consistent with “due process, equal protection and sound public policy.” The Justice Department’s 2016 release linked the letter to its description of a $2.5 million grant program to help agencies develop strategies that reduce unnecessary confinement of those who can’t pay fines and fees.” The letter said in part,

“Typically, courts do not sentence defendants to incarceration in these cases; monetary fines are the norm. Yet the harm caused by unlawful practices in these jurisdictions can be profound. Individuals may confront escalating debt; face repeated, unnecessary incarceration for nonpayment despite posing no danger to the community; lose their jobs; and become trapped in cycles of poverty that can be nearly impossible to escape.”

The letter also outlined “basic constitutional principles” regarding fee and fine enforcement. They included: Continue reading →

Morning Ethics Warm-Up, 12/22/2017: The Best Laid Plans….

/ Jack Marshall / 30 Comments

GOOD MORNING!

I’m really trying hard to be positive today: guaranteed low traffic, behind the Christmas 8-ball, and last night I heard what is, along with the sound of an atom bomb, Nancy Pelosi’s voice, fingernails on a blackboard, and the screaming of the lambs, among the most horrible sounds in existence: that made by a fully decorated, 8-foot Christmas tree falling over….I don’t want to talk about it.

1 Leaks are unethical. What about this is so hard to understand? This story is being widely interpreted as meaning that the reassigned FBI attorney was one of the likely leakers in the agency. Lawyers leaking confidential information related to their representations is unethical, and ground for disbarment, and of course firing with cause. I hope to get to this in more detail  later, but the widespread attacks in the media on criticism from conservatives, Fox news and President Trump on the FBI is Bizarro World stuff. The FBI would have no leakers if it were professional, competent and trustworthy. None. The botched Clinton e-mail investigation and the Peter Strzok scandal are proof of deep, deep, incompetence and corruption.

2. Well, there goes Plan C! In discussing Plan J, also now on life support, I laid out the Democrats’ other nine plans to over-turn the election and overthrow the Trump Presidency by non-democratic means ( I also hope to get to this in more detail  later, but the widespread attacks in the media on statements from some conservatives and Fox News that Democrats and “the resistance,” aided by the news media, have been attempting a “coup” is Bizarro World stuff as well. The justification for the indignation is that the term coup usually implies a violent overthrow of a government, but there have been coups that were quiet, peaceful and non-violent as well. The key factor in coups is that they are illegal or extra-legal. Calling the various plans to undo a legal election too similar to a coup to ignore places what has been going on since last November in its proper, sinister perspective.

Again: Plan A was to reverse the election by hijacking the Electoral College. Plan B was pre-emptive impeachment. Plan C was the Emoluments Clause. Plan D was “collusion with Russia” (The New York Times, to give credit where it is due, actually created a chart to explain this one, and if it isn’t obvious to you how pathetically weak the case is, you played NFL football…), Plan E is”Trump is disabled because he’s a narcissist and a Republican, so this should trigger the 25th Amendment.”, Plan F, the Maxine Waters plan, is to just impeach the President because she really, really doesn’t like him, Plan G is “The President obstructs justice by firing incompetent subordinates,” Plan H is “tweeting stupid stuff is impeachable,” Plan I is “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps (see E) and does something really impeachable.” Plan J is to force Trump’s resignation based on alleged sexual misconduct that predated his candidac.

Plan C was just kicked out of court:

“Judge George B. Daniels of United States District Court in Manhattan found that the plaintiffs had failed to show that they had suffered as a result of specific actions by Mr. Trump intended to drum up business for his enterprises. . . . Beyond that, the judge found, the emoluments clauses of the Constitution are intended to protect the country against presidential corruption from foreign influences or financial incentives that might be offered by either states or the federal government. They were not meant to protect businesses from competition from presidentially owned enterprises, he ruled.”

Continue reading →

5 Signs That Your Organization Has An Unethical Culture Brewing…

/ Jack Marshall / 15 Comments

The Harvard Business Review has published an article describing what it learned from a survey of experts asked to describe the conditions they have observed in organizations later revealed to have serious ethics problems—the symptoms of an unethical organization ethics culture. Here are the five top signs, with the corresponding rationalizations from the Ethics Alarms list where appropriate, as well as related unethical patterns of thinking and relevant organizational ethics principles that are repeated constantly in training sessions by people like me, yet routinely ignored. The news media, meanwhile, often covers the incidents as if journalist have never heard of those principles.

I. Urgency and fear: Following corruption scandals, leaders tend to describe events in terms of pressure, necessity, and what the company needed to do to ”survive.” This perception of existential competitive threats can be used to justify the creation and maintenance of toxic incentives, and it will undermine any efforts to raise concerns.

Rationalization 28. The Revolutionary’s Excuse: “These are not ordinary times.”

An argument for those who embrace “the ends justify the means”—but only temporarily, mind you!—the Revolutionary’s excuse has as long and frightening a pedigree as any of the rationalizations here. Of course, there is no such thing as “ordinary times.” This rationalization suggests that standards of right and wrong can and should be suspended under “special” circumstances, always defined, naturally, by those who defy laws, rules, and societal values. Their circular logic results in their adversaries feeling justified in being equally unethical, since times in which the other side engages in dishonesty, cheating, cruelty, and more is, by definition, extraordinary.

The inevitable result is a downward spiral of conduct, until unethical behavior is the norm. Ironically, the rationalization that “these are not ordinary times” no longer is necessary at that point. Unethical conduct has become ordinary, the new normal. This is, it is fair to say, the current state of American politics.

and…

Rationalization 31. The Troublesome Luxury: “Ethics is a luxury we can’t afford right now”

Ethics is never “a luxury.” It is slyly effective to describe it as such, however, and those who do so usually believe it—which means you should sleep with one eye open when they are around, watch your wallet, and never turn your back. Saying ethics is a luxury simply means that the speaker believes that one should be good and fair when it is easy and benefits him or her, but when problems loom and crises have to be faced, ethics are optional. This attitude is another calling card of Oliver Wendell Holmes’ “Bad Man,” the law abiding citizen who will cut your throat for his own benefit if he finds a legal loophole. In a true crisis, ethical values are often the only thing standing between us and catastrophic misconduct in the throes of desperation and panic; they aren’t luxuries, they are life-lines. When you hear yourself saying, “I’ll do anything to fix this! Anything!” it is a warning, and the ethics alarm needs to start ringing hard. Grab those ethical values, and hold on to them. They are the last thing you can afford to be without at such times.

***

II. Isolation: Groups and teams that are far from headquarters—either in geography, access to information, or both—are vulnerable. When a team that is isolated (by accident or design) comes under the direction of an authoritarian, competitive leader, an enterprise has created the baseline conditions for corruption. People are far more influenced by their immediate surroundings than by a code of conduct set at the top.

This is group-think, ignoring the tenets of Professor Zimbardo’s rules that he recommends to avoid the phenomenon:

“Avoid situations where you lose contact with your social support and informational networks, for the most powerful forces of social influence thrive then. You do not want all your reinforces to come from these new sources….Never allow yourself to be cut off emotionally from your familiar and trusted reference groups of family, friends, neighbors, co-workers…

***

Continue reading →

Comment of the Day: “I’m Curious: Do Women—Any Women, A Lot Of Women, Adult Women, Rational Women—Think This Times Column Makes Sense? (Because It Doesn’t)”

/ Jack Marshall / 9 Comments

(This is sort of what Juliet has in mind, I think...)

Juliet Macur’s column in the New York Times calling for what was essentially Old Testament Biblical vengeance against one of the more recently accused sexual harassers disturbed me greatly, and the resulting Ethics Alarms post reflected my reaction.  Steve-O-in NJ picked up the baton, and the result was this, his Comment of the Day on the post, I’m Curious: Do Women—Any Women, A Lot Of Women, Adult Women, Rational Women—Think This Times Column Makes Sense? (Because It Doesn’t):

The principle that those who do wrong should not be allowed to profit from their wrongs is not without basis in either ethics or the law. It is that principle which gave rise to the “Son of Sam” laws that allow suits against convicted criminals by their victims or the victims’ families if they receive assets from the sale of their stories. It is also that principle that sometimes leads to “Son of Sam” clauses being worked into plea agreements, whereby any profits made from the sale of a pleading wise guy or terrorist’s story goes to the government. Much more than that, and you run into First Amendment problems. It’s also a given that courts can order restitution to victims as part of a sentence or as part of a plea deal.

However, as pointed out above, all of these legal principles involve, presumably, a wrongdoer who has either had his day in court or decided to forego his day in court in the hopes of better terms. Even in an employment or other civil setting, an accused wrongdoer is not without rights. A company who not only terminated an accused harasser but stripped him of his pension and whatever other assets came with the position, all without so much as an investigation, would almost unquestionably find itself on the wrong end of a lawsuit, and could conceivably lose, which is why a lot of those situations resolve with a more favorable deal. In this case, the accused is choosing to walk away before it even comes to that, and cash out.

Juliet Macur is looking for blood, or the equivalent. I know the feeling, we all know the feeling, and writers and sports entertainers the world over know how to exploit that feeling very well. That’s why thrillers almost always end with the initial wrongdoer dead and WWE kayfabe angles always end with the heel badly injured and humiliated. We all have that urge to jump to revenge, that snap reaction of “why that blankety-blank, I’ll teach him!” Continue reading →