Kamala Harris, Signature Significance, And “The Right Side Of History”

Vice President Kamala Harris, in her speech delivered on the 50th anniversary of Roe v.Wade, didn’t babble incoherently as usual. She just invoked one logical fallacy, rationalization and intellectually dishonest statement after another. The highlight, however, was her claim to the abortion fans in her audience that “we are on the right side of history.”

That’s signature significance. Nobody makes that argument unless they are a con-artist, a demagogue, or an idiot. In Kamala’s case, all three are likely true. Saying one is on the right side of history is just an extraordinarily obnoxious way of saying, “We’re right and everyone else is wrong” without actually making a substantive argument. To quote myself in the description of the phrase (it’s Rationalization #1B. The Psychic Historian on the list):

Every movement, every dictator, Nazis, Communists, ISIS, the Klan, activists for every conceivable policy across the ideological spectrum, think their position will be vindicated eventually. In truth, they have no idea whether it will or not, or if it is, for how long. If history teaches anything, it is that we have no idea what will happen and what ideas and movements will prevail. “I’m on the right side of history is nothing but the secular version of “God is on our side,” and exactly as unprovable.

Abortion supporters have been working hard lately to argue that the Bible supports abortion because it doesn’t expressly condemn it. A text thousands of years old that predates all scientific knowledge about the unborn and the predates modern medicine is irrelevant to the abortion debate. More…

It is a device to sanctify one’s own beliefs while mocking opposing views, evoking an imaginary future that can neither be proven or relied upon. Nor is there any support for the assertion that where history goes is intrinsically and unequivocally good or desirable… Those who resort to “I’m on the right side of history” (or “You’re on the wrong side”) are telling us that they have run out of honest arguments.

Which nicely describes Kamala, if not all abortion advocates. Here is dishonesty exemplified: Harris, in her speech, said, “We are here together because we collectively believe and know America is a promise. America is a promise. It is a promise of freedom and liberty — not for some, but for all. A promise we made in the Declaration of Independence that we are each endowed with the right to liberty and the pursuit of happiness.” Continue reading

SCOTUS Punts An Important Legal Ethics Controversy

In the Supreme Court case In Re Grand Jury, the government had been trying to obtain  documents from an unnamed law firm specializing in international tax law. The documents were needed to investigate the law firm’s client. A judge held the law firm in contempt for failing to turn over disputed documents, and the 9th U.S. Circuit Court of Appeals at San Francisco affirmed in 2021. The issue was what test courts should apply when considering whether to protect “dual-purpose” documents that contain both legal and nonlegal advice.  The 9th Circuit ruled that courts should look to the “primary purpose” of a communication when it involves both legal and nonlegal analysis. Documents may be privileged when the primary purpose is to provide a client with legal advice. The firm argued that the entire document, along with any non-legal advice and material in it, should be considered privileged if legal advice was one of the “significant purposes” of the communication.

The legal ethics traditions argue for the more expansive standard. ABA Model Rule of Professional Conduct 2.1, “Advisor,states in part,

“In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation….Advice couched in narrow legal terms may be of little value to a client, especially where practical considerations, such as cost or effects on other people, are predominant. Purely technical legal advice, therefore, can sometimes be inadequate. It is proper for a lawyer to refer to relevant moral and ethical considerations in giving advice. Although a lawyer is not a moral advisor as such, moral and ethical considerations impinge upon most legal questions and may decisively influence how the law will be applied.”

I agree with this approach. Requiring a client or an attorney to parse a letter or oral discussion to separate the legal, privileged content from the rest would chill effective lawyer client communication. Continue reading

Why Our Culture Needs Old Movies

Typical of the free-association manner in which my brain works, a fatuous essay by a New York Times pundit about a subject he doesn’t understand (but I do)–performing—excavated an ethics memory from my childhood that hadn’t sparked a neuron in decades.

Frank Bruni, for some reason, felt it was necessary to re-hash the ancient debate over whether a movie star is really a skilled “actor,” and can be deserving of an Oscar over “real” actors. Naturally, his target was Tom Cruise and his performance in “Top Gun: Maverick,” the most popular and successful movie of the year. I don’t feel like arguing with Bruni over this; I’ve had the debate too many times. (No, Cruise isn’t going to get an Oscar for this sequel, but he has given Oscar-worthy performances before, because nobody can play Tom Cruise as well as he can). I’ll just give the short version: if an actor plays a part better than any other actor could, it is irrelevant that he can’t play any other part. As a director, I’ll cast a charismatic one-trick pony who is perfect for a particular role over a brilliant, versatile artist who could play Hamlet to cheers every time.

But that is neither here nor there. Here is there: Bruni’s discourse made me think of Spencer Tracy, a movie star and superb actor who had a wonderfully dismissive view of his own field, and then “Edison the Man,” the 1940 biopic, starring Tracy, about Thomas Edison. It was a black and white film that my father made a point of having me see. That film sparked my early interest in Edison, American inventors, technology and extraordinary people through history.

One scene in the movie, however, made a special impression. Edison and his research lab have been laboring on the creation of a practical incandescent light bulb day and night for months. Finally they think they have the right design, and the tungsten filament bulb to be tested is carefully assembled. The new bulb is handed to Jimmy, a teen who does odd jobs at the laboratory, and he dashes across the facility to give it to Edison. In his excitement, Jimmy trips and falls, smashing the precious bulb. Edison’s crew is furious; Edison reproaches the lad. Jimmy is devastated and inconsolable. When Edison’s men finally craft a replacement bulb, Edison calls for Jimmy and give him custody of the bulb, and asks him again to carry it to its destination on the other side of the building. Jimmy, striding carefully and slowly this time, completes his historic task.

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Comment Of The Day: “In The Dispute Over The Fate Of The Elgin Marbles, It Is Time For The Brits To Choose Ethics Over Law”

Last week, Ethics Alarms confidently presented the ethics verdict that it was high time—more than high time, in fact—for the British Museum to finally return the so-called “Elgin Marbles” to Greece. As the priceless art was literally ripped off the Parthenon, I didn’t think the question justified an ethics quiz. I still am unconvinced by the arguments that the Brits should hold on to their ill-gotten gains, but I am the grandson of a Spartan, after all. There were several excellent comments asserting ethical grounds for the British position; this one was outstanding.

Here is P.M.Lawrence’s epic tutorial, rebuttal, and Comment of the Day on the post, “In The Dispute Over The Fate Of The Elgin Marbles, It Is Time For The Brits To Choose Ethics Over Law”:

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“In the early 1800s, Lord Elgin, a British aristocrat, shipped to England treasures of Greek antiquity that he had strip-mined from Greece, including the carved frieze panels that had decorated the Parthenon. Supposedly this was done with the permission of Turkey, which was then ruling Greece, which is like your home invaders giving neighbors permission to take the art off your walls…”

There is a little more to it than that:-

– On the legal maxim of “nemo dat quod non habet”, of course the Turks couldn’t convey title. But they didn’t, they offered a quitclaim, as it were; they removed themselves from obstructing.

– As regards any original owners, there simply weren’t any left. The last remaining ones were ended by rounds of persecution of pagans, centuries earlier.

– As far as any generic claims of common heritage of western civilisation go, and those claims only go for want of better (there being no direct heirs), what better place to put the items than in a museum furthering that common heritage? Are the British somehow less heirs of that than are the Graeculi? Particularly considering how much safer the items were in that museum(those not taken have suffered horribly from war, corrosion, and what not). And, of course, the very word “museum” proclaims that furthering that common heritage.

Now, none of that conveys title to the British Museum, but adverse possession in the years since does – adverse, in that no better claimant came forward. Just as today’s Greeks feel an understandable connection to these items, as they do to the Lions of St. Mark’s, so too do today’s British – and as today’s Venetians do to the Lions of St. Mark’s. They are as intertwined with the histories of each place as of the other.

The Solomonic solution would be to sand blast the items to the condition of those not taken if any effort to transfer them were ever made. But I expect the Sir Humphreys will loudly assert ownership while underhandedly arranging a loan in name only with no means of foreclosing, just as they have with foundational documents that ought to have remained in British archives. That would satisfy none but the Sir Humphreys.

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Ethics Hero And 2022 Ethics Alarms Award For Most Ethical Website Of The Year: Legal Insurrection

The instances of schools and other institutions violating core American principles in pursuit of the correct radical woke agenda—which I would summarize as obliterating the unique ethical culture of the United States of America while an apathetic public shrugs with its metaphorical finger up its nose and the biased mainstream media provides cover—are proliferating with frightening speed. The only remedy is rapid action, exposure, and sufficient condemnation to make these dreadful revolutionaries back down and either give up or regroup, to be slapped down again another day. That was what Prof. William Jacobsen’s courageous blog Legal Insurrection did when the Providence, Rhode Island, Public School District attempted two measures that were discriminatory—you know, the “good” kind of discrimination.

The District tried to inflict an “Educators of Color Meet Up” program in which white educators were excluded from attending by the explicit terms of the announcement and a sign up form that listed only non-white races and ethnicities. The Legal Insurrection Foundations sent a letter to the planned venue for the event, putting the owners on notice of the non-discrimination provisions of the Rhode Island Public Accommodations law. The school district moved its location and changed its sign up form and event description after being exposed,

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No, Mr. Speaker, “Look, The Voter’s Decide” Is Not A Responsible Response Regarding Rep. Santos [Corrected]

That the Republican have not yet forced Rep. George Santos to resign from office is an ethics disgrace, and one that the party cannot afford. Yeah, yeah, I know: the GOP has a very narrow edge in the House, and it’s crucial that the Democrats, who proven themselves unfit to govern over  the past six years (at least), not have control of both the White House and Congress. However, allowing a sociopath and compulsive liar like Santos to remain in Congress doesn’t even meet generous utilitarian standards. That means can’t be justified by any end. McCarthy brands himself as a weak and unprincipled leader by tolerating Santos. His party’s message becomes that it will embrace the scum of the universe it it allows them to hold power. Santos inspires more and, if possible even greater rotters to run for office. Nobody lied this much to get elected before because nobody thought they could get away with it. Now, it’s clear that voters are more gullible than ever. Having a villain like Santos in Congress makes Congress look bad. It makes democracy look bad. Continue reading

Sunday Morning Ethics Warm-Up: I Woke Up Feeling Like A King!

Unfortunately, the king I woke up feeling like is King Canute. I was reviewing the trends in the past ten years of ethics posts, and there is no question that the nation’s ethical bearings are worse, not better. Fewer people read the blog than five years ago.

Ethics blindness in national and political matters seems more advanced among my neighbors, colleagues, friends and relatives than ever before (although almost none of these read Ethics Alarms or have ever read it, which says something about me, though I’m not sure what,)This was a particularly depressing week from the ethics perspective, but then they’re all depressing. The unfolding Joe Biden document scandal kept getting worse, and rather than admit Biden’s hypocrisy and the dangerous double standards applied to Trump, partisans invested in a weak, corrupt, mentally deficient President shifted into denial mode. Evidence of Virginia schools deliberately sabotaging superior students in pursuit of “equal outcomes” for those who don’t do their homework, come to school stoned and disrupt classes kept on coming, and the DEI-converted dealt with the matter by denying it. A Democratic Congressional leader introduced legislation criminalizing not just speech, but thought. Facebook chilled MY speech because its bots didn’t understand what I posted.

The signs of rot were (are) everywhere, in matters large and small. I learned that a lawyer received professional discipline because a judge thought “Gadzooks!” was a dirty word, or something, reminding me that we rely on judges who have the same level of literacy as Michael Steele.

I received the always welcome “Bill James Baseball Handbook” for 2023, and a featured article by Joe Posnanski, much revered as an intellectual giant among sportswriters, demonstrated that the intellectual giant among sportswriters is as ethically inert as all the others. There were lots of outbursts like this one, by a much-honored African-American writer whose work has appeared in the The Atlantic, New York Times, the Washington Post, TIME, ESPN, NPR, CNN, and more:

It’s worth mentioning, I guess, that the way we use the tale of King Canute the Great  (985 to 1035) who was real king of England and a successful one, is unfair to him, making him out to be an idiot. If he did have his throne placed on the banks of the Thames and futilely demand that the rising tide subside (and there is some evidence that the incident really occurred), it was not because he was arrogant or a fool, as the typical telling of the story implies. As “the rest of the story” shows, as related in one of the earliest accounts ( by Henry of Huntingdon in his “Historia Anglorum”):

“But the sea carried on rising as usual without any reverence for his person, and soaked his feet and legs. Then he moving away said:  “All the inhabitants of the world should know that the power of kings is vain and trivial, and that none is worthy of the name of king but He whose command the heaven, earth and sea obey by eternal laws”.

The ones who should heed King Canute are the allegedly smart people like John Kerry (Sorry, I couldn’t write that without giggling) at the World Economic Forum in Davos. Continue reading

How Jolly! The White House Has Figured Out That Virtue-Signaling Policies With No Tangible Benefits But Substantial Negative Consequences Are Not In The Nation’s Best Interests…

What an infuriating news item!

RealClear Energy informs us…

…the Department of Energy quietly released a report highlighting the positive economic benefits of developing the Keystone XL pipeline from Canada, an energy project canceled by President Biden in the hours following his inauguration….Released without a formal announcement, the DOE’s report points out that the pipeline would have created between 16,149 and 59,000 jobs and would have had an economic benefit of between $3.4 and 9.6 billion….Yet with one stroke of his pen, Biden slashed the project and instead focused his efforts on costly “green energy” goals. As a result of his executive action, 11,000 pipeline workers were promptly laid off…

Now, everyone except hard-core climate change fanatics—and maybe poor Joe— knew that closing down the pipeline would have no salutary effects on global warming or conservation. The Obama administration had essentially admitted that shutting it down would be largely symbolic but otherwise pointless (like all climate change grandstanding). Never mind: the pipeline was killed anyway just as Biden had promised to do on “Day One” during the 2020 campaign.  If they could have voted, the 16-year-olds would have gone for Biden. Continue reading

The Democrats’ “Leading Against White Supremacy Act”: So You Really Still Can’t Believe The Democratic Party Has Totalitarian Aspirations, Eh? [Corrected]

Oh, I know what you’re going to say: “That’s unfair, Jack! You know that the wacko bill is the brainchild of Representative Sheila Jackson Lee (D-Texas), and she’s not like most Democrats!” It is true that Lee, whose Ethics Alarms dossier is as damning as any one could find on a current member of Congress with the possible exception of Nancy Pelosi, is a particularly awful member of Congress. She’s a fanatic supporter of reparations for slavery; she’s a knee-jerk race-baiter (any criticism of President Barack Obama, a serial bungler, was racist in her view). She’s one of those not very bright people who speak assertively and defiantly because they are laboring under the delusion that they are intelligent, thus fooling others who aren’t very smart either.

Lee once mixed up Wikileaks and Wikipedia in an interview. She has complained that the naming of storms is racist, because the names are “too white,” but we know that if we gave hurricanes names like “LaShonda” to hurricanes, she’d complain that blacks were being deliberately compared to destructive forces.

Nonetheless, you watch: House Democrats will overwhelmingly support Lee’s Leading Against White Supremacy Act, maybe even unanimously, despite the fact that it is unconstitutional, an attack on free speech and thought, and designed to let the government criminalize political positions it doesn’t like.

They will vote for it in part because it has no chance of passing. They also assume that their constituency is so ignorant of our rights it will see Republican opposition as more proof of racism.

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Translation Ethics: Helluva Job, FEMA!

Nice, careful, professional work by the Federal Emergency Management Agency!

I’m kidding.

After a typhoon caused extensive damage to homes along Alaska’s western coast in September, FEMA’s job was to help residents repair property damage. Since most of the residents were native Alaskans, FEMA chose Accent on Languages, a Berkeley, California company, to translate its usual instructions on how to apply for aid.

They chose…poorly. The documents victims of the typhoon received would have been right at home in the Monty Python skit that featured translation book howlers like “My hovercraft is full of eels.” The Yup’ik and Inupiaq translations were nonsense. “Tomorrow he will go hunting very early, and will nothing,” read one mysterious passage. “Your husband is a polar bear, skinny,” another said. One document had bee translated into Inuktitut, an indigenous language that nobody uses in Alaska.

FEMA fired the translation company. It appears that the words in the “translated” documents were randomly lifted taken from Nikolai Vakhtin’s “Yupik Eskimo Texts from the 1940s.” “They clearly just grabbed the words from the document and then just put them in some random order and gave something that looked like Yup’ik but made no sense,” concluded an investigator.

The company’s CEO wrote, “We make no excuses for erroneous translations, and we deeply regret any inconvenience this has caused to the local community,” adding that FEMA would be getting a refund.

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Source: Associated Press