Childhood and children

People Are Going To Hate This, But: Being A Father Doesn’t Confer An Exception From Basic Rules And Process

/ Jack Marshall / 44 Comments

Case Study I:

In a perfect example of the “Awww!” Facter at work, Marc Daniels was hailed as a model dad after he jumped on stage and began dancing with his toddler daughter when stage fright paralyzed her during a ballet performance in Hamilton, Bermuda. The cute video went “viral.”

 

 

Let’s stay away from the inherent ethical problems of having two-year-olds perform on stage at all.  Let’s also stipulate that the fact that the audience applauded is irrelevant; applause doesn’t validate misconduct. Those Broadway fools applauded Robert Di Niro for saying “Fuck Trump.”

Here’s the ethics point: cute or not,  Daniels had no justification for hijacking the performance. The performance had a director. Adults were in charge of the situation.  This was his solution: how does anyone know what the next parent who feels so empowered might do? Order the number re-started? Shout at his daughter?  What if other parents were unhappy with their children’s demeanor on stage? What if they felt Daniels’ interference was upsetting and distracting their daughters? Daniels was an audience member, and the ethical limits on his performance were the same as on any audience member.  Is this a ballet only exception, or should dads jump out of the stands to complete a Little League play when their kids drop the ball? There is no difference. Let me say it again: there is no difference.

Daniels’ daughter was 2. What’s the cut-off when such parental interference is inappropriate? 4? 8? 12? 36?

I see this as part of the “Think of the children!” disease, an unfortunate and unanticipated consequence of women having equal access to levers of power and the presumed legitimacy that goes along with it. Parenting, love, loyalty and compassion outranks everything now, even law, rules, and common sense, and men have been so intimidated about “man-splaining” and are so terrified of being called sexist that they are adopting this warped hierarchy that can only result in chaos if it becomes the norm.

Case Study II: Continue reading →

Sunday Morning Ethics Warm-Up, 6/24/18: Potpourri!

/ Jack Marshall / 11 Comments

Good Morning!

Once again, I am prepping for a law firm training session (at 9 am!), and am rushing to get as much covered as I can.

1 More on how sports commentators make us stupid. I happened to be listening to the Sirius-XM MLB channel, as old Red Sox third-baseman Rico Petrocelli was holding forth on the luck factor in baseball. “I mean,” opined Rico,” a single missed strike or ball call by an umpire can change games, championships, seasons and careers! A single missed pitch by an umpire!”

Then he and his partner on the show noted that there have even been calls for balls and strikes to be called electronically, which, as I have pointed out here, is now completely feasible. “Ridiculous!” spat Rico, as his sidekick vigorously agreed.

Let me get this straight: he just (correctly) talked about how a single mistaken call can have momentous consequences, but says it’s ridiculous to eliminate mistaken calls when the technology is available to do so.

That’s even less logical than the defenses of illegal immigration. Continue reading →

“Jurassic World” Ethics: Why Movie Reviewers Are Useless

/ Jack Marshall / 44 Comments

I’m going to see “Jurassic World: Fallen Kingdom” just as soon as I can, as I have seen all of the other “Jurassic Park” films since Spielberg’s first. Of course I am: I love dinosaurs.

I have loved dinosaurs since I was about 4, and my dad brought me a bronze model of  a T-Rex when he returned from a business trip to Chicago. That five-inch model was the first entry into a collection that eventually reached over thirty dinosaurs, greatly abetted by my mom, who was a ceramicist. She would peruse the dinosaur books I borrowed from the library and pick out artwork that she liked. Thus I became the only kid in Arlington, Mass. with ceramic models of a gorgosaurus and a styracosaurus.When I was in the first grade, I gave a talk about my collection and the species they represented—in those days they hadn’t even discovered velocirapters yet, thought dinosaurs dragged their tails, and assumed they were cold-blooded, like reptiles—at theParmenter School sixth grade hobby show.

The more I learned about dinosaurs the more  I loved them. I still can’t get over the fact that these amazing creatures existed, when they look like the results of a fantasy artist’s bad drug trip. I must confess, I also love the fact that dinosaurs drive evolution deniers and Fundamentalists crazy. If the Earth is the only planet with life, doesn’t the fact that God filled it with dinosaurs suggest that they were his favorites too? Might it even suggest that God looks like a T-Rex? My first face to face experience with an intelligent person who simply denied facts that didn’t fit in with her ideology was a U.S. Chamber of Commerce colleague who noted the large, leather pteranodon hanging in my office and said, which a superior smirk, “You don’t really believe those things existed, do you?”

Mostly, however, dinosaurs fill me with wonder, exactly as they did when I was 4.

This was the aspect of the first film that Spielberg captured so well: It’s not a monster movie, but a pro-dinosaur movie. People forget now, but many critics dismissed “Jurassic Park” as junk: they were  enthralled with Spielberg’s other movie that year, “Schindler’s List,” an important movie. The critics didn’t get “Jurassic Park,” and still don’t.

Now they are slamming the fifth in the series, the sequel to “Jurassic World,” which they also didn’t get, because most critics equate dinosaurs with Godzilla. I thought “Jurassic World” was easily the best of the sequels. I loved the attack of the pterosaurs (accompanied by air raid sirens!)—I had models of all of them! I loved the mossasaur—Mom made me a couple of different species—and its surprise role in the film’s climax. I loved how the T-Rex, just like in the first film, became an unlikely rescuer of the human stars. And look! There’s an ankylosaurus! Mom made me one of those! Continue reading →

Saturday Afternoon Ethics, 6/23/18: Pondering Pandering And Zugswang By The Sea

/ Jack Marshall / 19 Comments

Good afternoon.

It’s a good thing that I don’t pay myself anything for this, because I’d have to fire myself. Thanks to a full fledged computer crash at 6 am., all of my plans this morning to get a post up, get my notebook organized for tomorrow’s ethics training, and complete the outline for my Smithsonian Associates program on the influence of Gilbert and Sullivan on 21st Century America week from today before I had to fly to Tampa were as dust in the wind. This is especially bad for Ethics Alarms, as the blog gets virtually no traffic after noon on Saturday, no matter what I write about.

So here I am at the Wyndham Grand on Clearwater Beach—the sun is shining, the ocean is gleaming, and the pool, music, bar and beautiful women are right below my balcony—and what’s the first thing I do? This.

1 Ethics Zugswang and the illegal immigrant kids. The news media is now telling us that the President’s executive order creates an inherent conflict if he is serious about “no-tolerance” immigration violation enforcement. Yes, we knew that, or at least the people who didn’t blind themselves, Oedipus-like, rending their garments over “Think of the Children!” mania knew it. See, it goes like this:

A. Entering the country illegally is a crime.

B. People who commit crimes are supposed to be arrested, or more such people will commit those crimes.

C. Illegal immigration is a federal crime.

D. Children who accompany their parents while committing federal crimes cannot, by law, be  imprisoned with their parents.

E. They also cannot be held at all for more than a proscribed time, which is too short a period to process their law-breaking parents.

F. If the children have to be returned to their parents,, then the parents cannot be punished for breaking immigration laws.

G. If the children are separated from their parents, the government officials doing so are evildoers who must be shamed, excoriated and condemned.

F. Thus government officials are supposed to ignore the law, by the principle that Children Invalidate Laws, which they didn’t teach me in my college government classes or in law school but apparently that’s a rule.

G. But government officials are sworn to uphold and enforce the law.

Ethics Zugswang.

This Gordian Knot requires some distortion and deceit to stay tied, however…

One: “No-tolerance” is being used by the media to make “enforcing the law when people break it” sound like the equivalent of a school suspending a student for making his fingers look like a gun. Law enforcement is not supposed to “tolerate” crime and law-breaking. Illegal immigration is a serious breach of law, and what the news media is calling “no-tolerance” is really just enforcement.

Two: The Obama Administration opted for “catch and release,” which can be fairly described as “pretending to enforce the law, but not really doing it.” It was a dishonest, cynical, incompetent and unethical policy.

Three: There is no justification for treating the children of illegal immigrants differently from the children of citizens who are arrested and who have no one to care for their kids.

Four: The principle being advocated by the hysterical critics of the “separation of families” at the border (the accurate description is “the arrest of illegal border-crossers) is, now correct me if I’m wrong, “If a child or children accompanies a parent when the parent is apprehended while trying to violate a law carrying a substantial penalty, that parent will be treated with more leniency than if a child did not accompany him or her.” My puzzlement arises from this conundrum: Why do only law-breaking non-citizens get this benefit? Why don’t we “catch and release” good old American single parent bank robbers and burglars who bring their toddlers along as a “Get out of Jail ” card?

Five: What’s the difference? Here’s the difference: the progressive ghetto of our culture has adopted the convenient fiction that illegal immigration isn’t a crime at all, and illegal immigrants are heroes, or martyrs, or potential Elizabeth Warren voters, or something, but certainly they aren’t doing anything wrong. It’s an act of love (said Jeb Bush, proving that he had  squishy soft nougat center). Then why do we have a law against it, Jeb, et al.? Oh, because you can’t have open borders, that would be ridiculous and irresponsible. History shows us that. A nation most protect its borders!

Ethics Zugswang.

It is not ethics zugswang, though. It may be political zugswang because of the greed, dishonesty, emotionalism, and rationalizations driving this issue (in addition to its usefulness as another excuse to undermine this particular President), but the ethics are clear:

—The government’s primary duty is to enforce the laws.

—The integrity of national borders must be ensured using laws.

—The illegal border-crossers are breaking the law.

—They should be punished exactly the same regardless of whether they have brought children along or not.

—The responsibility for placing the children in this position belongs to the parents, and only the parents.

—Making the fate of the children the primary focus of any portion of the illegal immigration debate is intellectually dishonest, manipulative, and unethical, or, at best, innocently ignorant and emotional. Continue reading →

Morning Ethics Warm-Up, 6/22/18: Boy, Am I Ever In A Bad Mood This Morning…

/ Jack Marshall / 38 Comments

Good morning.

Grrrrr…

1. The TIME “Welcome to America” cover.  This is probably worthy of a full post, but I’m really sick of this topic, and losing respect for so many previously sane and reasonable people who have become blathering “Think of the children!” zombies that I want to spit.

TIME, that dying, irrelevant, completely left-biased news magazine, grabbed one last moment in the sun with this cover:

It nicely symbolizes the media dishonesty and public manipulation regarding the border mob of children, with or without parents. I assumed that the cover was symbolic art: obviously this stand-off never occurred. But TIME used a photo of a real Honduran girl who we were told in other media reports and viral social media rants was crying because she had been separated from her mother when mom was arrested for trying to enter the country illegally. As CBS reported today, though, the little girl was really crying because her mother was apprehended at eleven o’clock at night crossing illegally into the US, the tot was tired and thirsty. She was never separated from her mother at all. Here’s the original photo:

Perfect. Fake news, through and through. If TIME wanted to make a symbolic image, the magazine was obligated to either make it clear that it was art only. Using a photo that had already been falsely represented in the news media to represent exactly what it had been falsely claimed to represent advanced a lie. Here is the original photo:

The Daily Mail got  this part of the story  from the girl’s father:

Denis Javier Varela Hernandez, 32, said that he had not heard from his wife Sandra, 32, who was with his two-year-old daughter Yanela Denise, for nearly three weeks until he saw the image of them being apprehended in Texas.

In an exclusive interview with DailyMail.com, Hernandez, who lives in Puerto Cortes, Honduras, says that he was told yesterday that his wife and child are being detained at a family residential center in Texas but are together and are doing ‘fine.’ …

He revealed that his wife had previously mentioned her wish to go to the United States for a ‘better future’ but did not tell him nor any of their family members that she was planning to make the trek.

“I didn’t support it. I asked her, why? Why would she want to put our little girl through that? But it was her decision at the end of the day….‘I don’t have any resentment for my wife, but I do think it was irresponsible of her to take the baby with her in her arms because we don’t know what could happen.”

2. Charles Krauthammer. Unfortunately, this is what I will most remember about the conservative columnist and commentator who died yesterday. After the first Republican candidates debate, the one in which Megyn Kelly called out Donald Trump on his habitual misogyny, Krauthammer, today being lauded for his brilliance and perception, stated unequivocally that Trump had proved himself “not ready for prime time,” and that hos poor performance in the debate had effectively ended his candidacy. Continue reading →

Morning Ethics Warm-Up, 6/21/18: Assholes, Frauds, And Hypocrites

/ Jack Marshall / 42 Comments

Good morning!

1. “A Nation of Assholes” Update: A congressional intern, can be heard yelling, “Mr. President, fuck you!” at President Trump this week as he arrived at the Capitol for a meeting with Republican lawmakers, as heard in a video clip recorded by NBC’s Frank Thorp. Nice.  This is what “the resistance” and allied Democrats—and Robert De Niro, Samantha Bee, Stephen Colbert and the rest, like Peter Fonda, Jane’s younger, less talented brother, who tweeted, “We should rip Barron Trump from his mother’s arms and put him in a cage with pedophiles and see if mother will stand up against the massive giant asshole she is married to”— have produced. Hold them accountable. Hold the members of Congress who employs her responsible too: she obviously is reflecting the attitude she absorbs in the office all day long.

As that 2015 post makes clear, making someone like Trump our leader, and thus our culture’s ethics role model—yes, that’s how leadership works—does lead to this kind of disgusting, divisive and un-American conduct. However, it doesn’t justify those who sink this low. She must be identified and fired. Those rationalizing her outburst should be rebuked, just as those who tried to justify Rep. Joe Wilson’s unforgivable “You lie!” during an Obama State of the Union address should have been rebuked.

Besides, after she is fired, MSNBC will probably give her a show.

2. You know, such incidents are making it hard for me to maintain my ethical objections to boycotts. Department of Homeland Security Secretary Kirstjen Nielsen was having a working dinner at Cocina Mexicana, a popular Mexican restaurant in Washington, DC.  Protesters from the Metro DC Democratic Socialists of America entered the restaurant and began harassing her, based on the controversy over the handling of illegal immigrant families at the Mexican border. You can read their content-free chants here; the only one that interests me is “”No borders! No walls! Sanctuary for all!”, which is signature significance for a lawless, ignorant fool. She had to leave after about ten minutes.

Why were the protesters allowed to enter the restaurant and interfere with a customer’s meal? It doesn’t matter who the diner is: the establishments duty to is treat guests as guests while they are in the establishment. Has Cocina Mexicana apologized to Nielsen? It doesn’t matter, really: that kind of abuse should not be permitted even once. Are we now going to have establishments segregated by ethnicity and sympathy for open borders?

I won’t eat there, even if someone else is paying. Continue reading →

Morning Ethics Warm-Up, 6/19/2018: Double Standards And Greed

/ Jack Marshall / 132 Comments

Time for a Good Morning song!

1. Life on Facebook. A lawyer friend who should know better posted a comment that began, “You wouldn’t think that posting something like ‘Taking children away from their parents and sticking them in cages is wrong’ would be controversial, but in almost every case where one of my friends has said something like this, at least one of his/her friends feels the need to argue about it…” Later he compared the statement “Taking children away from their parents and sticking them in cages is wrong” to “Torturing kittens is wrong.” I told him that as a lawyer, he should be objecting to and explaining the transparent deceit of “Taking children away from their parents and sticking them in cages is wrong”—a half-truth designed to stifle argument, not attacking those who are correctly pointing out the emotionalism and dishonesty of that tactic.

I should count up the number of lawyers whose comments on Facebook on this issue are pure “Think of the children!” with no substantive legal and policy analysis whatsoever. My friend also made the typical suggestion that only Trump voters—you know: morons—would argue with “Taking children away from their parents and sticking them in cages is wrong” as a fair and conclusive verdict on the current policy.

2. Theranos.  Elizabeth Holmes, founder and CEO of Theranos, as well as Ramesh Balwani, the company’s former president ( and Holme’s love interest, were indicted yesterday on charges of conspiracy and wire fraud. The Theranos debacle is a classic corporate fraud story on par with Enron, if not as wide-reaching.

I missed it. This is embarrassing for an ethics blog, and for someone who thinks he scours various news sources thoroughly enough to catch the major ethics stories. I blame Donald Trump, but I also blame the various news sources in 2015 that chose to report fake news, trivial news, future news and theoretical news rather than give a major corporate scandal the attention it deserved. If I missed the story, and I’m looking for it, what chance do normal people with sensible occupations have?

The civil fraud charges in the case were filed in March by the Securities and Exchange Commission, though the scandal had broken earlier, when the Wall Street Journal published its 2015 exposé.  Holmes and Balwani allegedly raised millions of dollars using false statements about how well the company’s  blood-testing device worked, while using  a contract with the Department of Defense and a partnership between Theranos and the pharmacy chain Walgreens to con pharmacies, doctors and the public. The apparent scam created a Business of Cards that, at its peak, had more than 800 employees and a paper valuation of $9 billion.

There is a book out about the Theranos scandal by the reporter who broke the story… Continue reading →

The Controversy Over Separating Children From Illegal Immigrants At The Border: What’s Going On Here?

/ Jack Marshall / 100 Comments

The current political controversy over the Trump Administration policy of separating parents from children at the Mexican border when they are apprehended for illegal attempts to cross into the United States involves many ethical issues, and, as usual, conduct and rhetoric that confounds ethical analysis, perhaps intentionally.

With most complex ethics problems, the starting point is to ask, “What’s going on here?” This is especially useful in this case, where the news media, open-borders advocacy groups, and various political faction are intentionally steering the debate, and public comprehension, into box canyons of pure emotion.

So: What’s going on here?

 Despite the fact that its editorial page is cheer-leading the box canyon effort, and its journalists are coloring reports on it with their partisan biases, the New York Times has provided the facts, if you can ignore the static Here is the main one:

“For more than a decade, even as illegal immigration levels fell over all, seasonal spikes in unauthorized border crossings had bedeviled American presidents in both political parties, prompting them to cast about for increasingly aggressive ways to discourage migrants from making the trek…Last month, facing a sharp uptick in illegal border crossings, Mr. Trump ordered a new effort to criminally prosecute anyone who crossed the border unlawfully — with few exceptions for parents traveling with their minor children.”

That’s  “all” that has happened. Illegal immigration is...illegal. The Trump Administration has decided to treat breaking immigration laws like the country is supposed to treat all law-breaking—as the crime that it is. The law-breakers are arrested. When law-breakers are arrested for robbery, murder, rape, fraud, embezzlement…anything, really…they are separated from their children. This is not remarkable, nor are the law enforcement officers typically blamed. If a man takes his child to a burglary and he is arrested, then the child is going to be, to use a phrase I am seeing too much lately, “ripped from his arms.” If he is a citizen with a resident family or not a single parent, and the child is also a citizen or in the country legally, the child will be handed into the care of a relative. If not, then that child may also wind up in the custody of a government facility.

The children are being taken from the parents because children are always taken from parents when parents are arrested for a serious crime. What is unusual, and making this situation vulnerable to emotional manipulation on the level of the gun-control debate  in which “Think of the children!” instantly lobotomizes a large segment of the public and obliterates all ability to process reality, are several factors:

  • Criminals don’t typically take their children with them when they break laws.
  • Illegal immigrants can claim to be legitimate “asylum-seekers,” even though most of them are not.
  • Progressives, Democrats and those who aren’t paying much attention either refuse to acknowledge or don’t realize that entering the country illegally is a crime.
  • The illegal border-crossers are, in many if not all cases, using their children to create exactly this political firestorm. Think of them as the equivalent of human shields.
  • Previous Presidents have been willing to be extorted through this emotional black mail–Think of the children!–to  neglect enforcement of immigration laws. This is, in great part, how the United States ended up with 11-13 million illegal immigrants.
  • It is also how the U.S. ended up with President Trump.

Under President Obama, and presumably Bush as well, children trying to cross the border illegally were also held, just with their parents rather than without them, in a politically motivated exception to usual criminal enforcement practice. Continue reading →

From Ethics Alarms “The Truth Hurts” Files: Target’s Fathers Day Card

/ Jack Marshall / 11 Comments

Target came under fire for putting out the Father’s Day card above, and apologized, especially for having only a black couple version.

Interesting: what exactly is wrong about the card? It depicts the state of black fatherhood as it is: about 72% of black births are to unmarried couples, while about 32% is the white figure. Is the perceived problem that the card shames African Americans, or that it appears to give couples having children without bothering with marriage a societal pass by celebrating their lack of responsibility? Not being married to a child’s mother vastly increases the likelihood of absentee fathers, and being raised by single mothers is statistically linked to many social pathologies that disproportionately plague black communities.

Maybe Target isn’t the one who should be apologizing. One incensed critic wrote on Twitter, “This is an insult to black fathers and a slap in the face to the African-American community as a whole.” No, that would be true if the card’s implication wasn’t true. It is true. Now what? Getting angry at Target is a deflection.

Of course, the likelihood is that Target wasn’t thinking deeply about this at all. It just thought the “baby daddy” card opened up a new Fathers Day market.

Ethics Dilemma: What Can Be Done About People Like This? [Poll Included]

/ Jack Marshall / 39 Comments

Hold on to your skulls…

Social media can spread stupidity like a viral plague. Is there anything  ethical and constitutional  that can be done to protect the imperiled children addled  mothers like this may raise?

[Related Ethics Alarms posts here (feeding kittens a vegan diet) and here (dogs).]