Daily Life

When The Ethics Alarms Don’t Sound: A Cautionary Tale From Seattle

/ Jack Marshall / 10 Comments

 

%$#@*#!!!

Like all of us, Seattle attorney Ronald Clarke Mattson was infuriated when he found cars parked straddling the lines in crowded parking lots and garages.

It really is rude, inconsiderate, obnoxious and unethical behavior, especially when it is blatant, as when the owner of the Lexis or the Jaguar intentionally takes up two spaces to guard his baby against any accidental dings. This is a statement that rings out loud and clear: “My car is more important than your convenience, and I’ll take up two spaces, robbing you of your right to one, because I matter, and you don’t.” 

I’ve left nasty notes for these jerks, for all the good that does. I’ve complained to stores, and even had them make announcements over their public address systems. On a couple of occasions, when one was handy, I’ve recruited a police officer, and several times I’ve waited for the owner of the car so I could tell him off (if he wasn’t armed or too big).

Once, when the car was a brand new, loaded, shiny  sports convertible, I engaged in the intentional infliction of emotional distress, leaving a note that said that I had used a tool to leave a fairly deep, but small, indentation on his now no-longer-pristine car, and I hoped he had fun looking for it. (There was no such wound, but I am not proud of this.)

If I had a momentary desire to really harm the car, as I may have had once or twice, several considerations set off my various ethics alarms. The Golden Rule alarm wouldn’t sound, because this isn’t a Golden Rule situation: I would never take up two spaces.  Others, however, would:

  • The “Two Wrongs Don’t Make a Right” alarm.
  • The “It’s Against the Law” alarm.
  • The “What If Everybody Did This?” alarm
  • The  “Don’t Take Action That Has No Purpose Other Than To Do Harm” alarm
  • The “Sons of Maj. Jack Marshall Sr./ Lawyers/Ethicists Don’t Act Like This” alarm
  • The “I Would Be Ashamed If Anyone Found Out” alarm, and most of all,
  • The “You Know This Is Wrong” alarm.

And if they all failed to sound, due to poor installation and maintenance? Then I might have done as Ronald Clarke Mattson did, more than once. He pleaded guilty this week to a reduced count of attempted second-degree malicious mischief, a gross misdemeanor, for keying three automobiles in retribution for their owners’ parking misconduct.  He received a one-year suspended sentence, 240 hours of community service, restitution for the three victims, and has to attend an anger-management class.

But his problem isn’t anger management. His problem is malfunctioning ethics alarms.

Mattson has been a lawyer since 1972, and could now face punishment from the Washington State Bar Association, which is charged with making sure that attorneys with faulty ethics alarms seek immediate repairs.

Comment of the Day: “Batter Up! The Hypocrisy of Bigotry Victims Discriminating”

/ Jack Marshall / 3 Comments

This Comment of the Day from Matt, on my post about gay softball leagues discriminating against bisexuals, is actually two days old.  It was COtD-worthy when it first arrived, but edged out on a competitive day. It is a unique perspective on the issue, and a case of better late than never.

“Its funny… I sing in a gay men’s chorus; we handle music that’s beautiful and “traditional” as well as music that can be emotionally challenging, music about the coming out process or what it means/feels like to be a gay man in society… we’ll sing anything, really, and our primary mission as a chorus is promoting understanding and awareness through music.

“That said, we have straight male singers… we have about 180 men on stage performing, and a handful of them are straight or bi. Ask any of us what we feel about that and the first response you’ll hear is “What, you think *we* are gonna discriminate?” Continue reading →

Ethics Hero: Lincoln School in Spring Valley, Illinois

/ Jack Marshall / 10 Comments

Thanks to Lincoln School, this isn't me. Yet.

Thank you, oh thank you, Lincoln School in Spring Valley, Illinois! Your superb and inspiring decision has stopped me, for the moment at least, from seeking species reassignment surgery. My membership in the human race has been an embarrassment to be of late, and I had been seeking alternatives. You give me hope.

Spring Valley’s Lincoln School gymnasium held a day of appreciation this week for custodian Edward “Red” Nestler,  88, who will retire on June 30. To his surprise, Red did not receive just a free lunch, or a watch, or a jacket, or a plaque in appreciation and commemoration of his many years with the school, a journey that began when he was a student there in the 1930s. On his “day,” Red learned that the school board, responding to a petition from students and staff, had voted to name the school gymnasium in his honor. Continue reading →

Flashback: “What Hugo Alfredo Tale-Yax Can Teach America”

/ Jack Marshall / 19 Comments

The Late Hugo Alfredo Tale-Yax

[Not many people were checking in on Ethics Alarms when I wrote this post in response to yet another example of bystanders choosing to do nothing when a human being was in peril. Some of the comments to the Alameda post, those making excuses for the 75 faint-hearted or apathetic citizens in that city who would rather gawk at a tragedy than try to stop it,  caused me to recall the essay, which explores related issues.  I wrote it, but I had nearly forgotten about the story; when I re-read it today, I got upset all over again.Here, for the second time, is “What Hugo Alfredo Tale-Yax Can Teach America.”]

The one with the premium-grade ethics alarms bled to death on the sidewalk. The people who never had theirs installed at all took pictures. Is this the way it’s going to be? Continue reading →

Comment of the Day: “Two Mothers, Young Love and Deception”

/ Jack Marshall / 11 Comments

Lianne Best, who writes a weekly newspaper column about the challenges of a working wife and mother, weighs in with the alternative point of view regarding my post about a friend’s handling of her daughter’s boyfriend’s deception. I was afraid someone was going to write this, because I find the argument persuasive and it makes me doubt the wisdom of my advice. Still, I think I support my friend’s decision not to blow the whistle on the boyfriend, primarily because he’s 17, not 15. By 17, a child is engaged in an ongoing controversy about autonomy, trust and boundaries; the boyfriend is accountable for defying his mother, but it is his life and I would grant him the right to make his own mistakes, if mistakes they are, without my active interference. Lianne is persuasive, however…and she has a teenage daughter and son of her own:

“I like the advice … but because the horse has already left the barn far behind.

“I am actually pretty horrified that Julia is actively participating in and abetting the subterfuge. Even if she doesn’t agree with Ishmael’s mother’s rules (and let’s note they could be his father’s rules too; and maybe his church’s rules, and his culture’s rules), that doesn’t mean she should be actively plotting to subvert them.

“In this instance were it my own daughter, I would NOT take the decisive action of contacting Ishmael’s mother, but NEITHER would I allow him to spend the night there, and help my daughter make up stories and situations to enable the relationship. She’s happy? Please. Teenage female happiness is tenuous and temporary at best. (Has anyone on here LIVED with a 16-year-old girl??) It’s one year, probably less, until Ishmael is 18. So much can (and will) change in that year! Until then, group get-togethers (movie dates and parties) should be fine. Continue reading →

Ethics Challenge: Two Mothers, Young Love and Deception

/ Jack Marshall / 11 Comments

A good friend—call her Julia— with a teenage daughter (she’s 16) recently  asked me for help with an ethical dilemma.

Julia’s daughter is quiet, seemingly conservative, and socially restrained. She has never had a boyfriend, and has been on few dates, until now. She has been seeing a young man—call him Ishmael— her own age (well, he’s 17) who seems to match her to perfection in every respect. He’s sensitive, polite, and witty,  and on top of everything, he’s really cute, the object of every one of her friends’ and rivals’ awe.

Of course, there is a problem. Ishmael’s mother is fanatically protective: he is not supposed to date until he is 18, and has to check in with her every hour when he is out of the house. The relationship with my friend’s daughter only exists through an elaborate subterfuge, involving complicit friends and relayed phone messages. Once, in order to facilitate a special date to go to a concert, Julia allowed the boy to sleep overnight (in the guest room), when he was supposedly staying a male friend’s house.

My friend wanted to know if she should tell the boy’s mother about his web of lies. A parent has a right to have his or her own rules respected, and not undermined by other parents. The Golden Rule, applied to Ishmael’s mother, yields a demand that she be told; Julia would want to be told if her child was systematically defying her.

On the other hand, she firmly believes that the mother’s restriction on her son are excessive, and she has never known her daughter to be so happy.  She is worried that informing the mother will cause a serious rift with her daughter, and perhaps worse. “What is the ethical course?” she asked me. “What should I do?” Continue reading →

Comment of the Day: “Schadenfreude, Ethics, and Those Fanatics Inside Us All”

/ Jack Marshall / 3 Comments

Maybe "The Broadcaster" was all Harry had inside...

Rick elaborates nicely on the theme of my post on handling those fanatic personas that reside in each of us, and in the process takes the ethical measure of an iconic baseball broadcaster whose charms always escaped me…the late Harry Carey.

“It strikes me that there’s another part of the equation, which you only hint at here, but which you have mentioned in other posts. That’s the “ethics alarm” (to coin a phrase) that goes off, or should, when the director or the Red Sox fan or whoever That Guy is says or does something unethical. Part of it is “heat of the moment” stuff: the egoism that slips out in a moment of excitement. No, of course you didn’t want Thurman Munson to die, but yes, he did play for the hated Yankees, and their team just got worse. You’re forgiven the fist-pump. Once. And provided you (Jack, as opposed to Red Sox fan) didn’t mean it.

“I was watching a Cubs game on WGN sometime in the mid-1980s when news came over the wire that Montreal Expos infielder Hubie Brooks had suffered a season-ending injury. Brooks had been a favorite of mine when he’d played for the Mets (“my team”), and I continued to follow his career with some interest, so the news was doubly sad for me: a player had been seriously injured, and that player was Hubie Brooks.

“In contrast, Cubs announcer Harry Carey proclaimed “well, if it helps the Cubs win, it’s OK by me.” I remember the exact words 25 years later. What struck me was not that they were uttered, but that no one—not Carey himself, not his broadcast partner, no one—made the slightest attempt to walk them back. That was the official verdict: a season-ending injury (Brooks was never the same again, by the way) was a good thing if it happened to somebody in a different uniform. I mentioned the incident to a couple of friends—Cubs fans—and they laughed and said “oh, that’s Harry.”

“Everyone understood that Carey was a Cubs fan first and an announcer second. That was, I am told, part of his charm—I never saw it, but others did. Still, I was sort of hoping that there would be a human being in there somewhere. On that particular day, at least, I was disappointed. We lived in WGN country for another seven years. I never watched another Cubs game without turning off the sound.”

Schadenfreude, Ethics, and Those Fanatics Inside Us All

/ Jack Marshall / 3 Comments

NBC baseball blogger Craig Calcaterra recently raised the sensitive issue of sports fan Schadenfreude*, something that I have been afflicted with from time to time. The occasion was the recent injury to San Francisco Giants catcher Buster Posey in a particularly gruesome collision at home plate. His comments made me think about the obsessed and narrow personas in all of us, and how we should regard their occasional callousness.

Posey was the 2010 National League Rookie of the Year; he is also a cornerstone of the Giants’ recent success: the team is the reigning Major League Baseball World Champion. The collision with Florida Marlins’ Scott Cousins simultaneously broke Posey’s leg, ended his season, jeopardized the career of an exciting young player (players often return from such injuries permanently diminished) and dealt a serious blow to the Giants’ chances of returning to the World Series in 2011.  Reacting to a blogger who suggested that the injury caused most non-Giants fans to  give “a little fist-pump”… because “their team’s chances of dethroning the Giants as World Series champions just got a little bit better,” Calcaterra wrote… Continue reading →

More on “The Atheist, the Graduation, and the Prayer”

/ Jack Marshall / 18 Comments

Damon Fowler, School Adminstrator-In-Training?

Either by design, bias, or because I was not sufficiently clear (always a distinct possibility), a lot of readers seem to have misunderstood the central principle in my post about Damon Fowler, the Louisiana high school senior who singled-handedly bluffed his school out of including a prayer in his graduation ceremonies. Let me clarify.

The post is only incidentally about atheism vs. religion. The ethical issue arose in that context, but it just as easily could have been raised in other circumstances. The ethical values involved here were prudence, tolerance, self-restraint, proportionality, consideration, generosity, and empathy. Fowler’s actions assumed that preventing what he believed was a violation of the Constitution’s prohibition on the government favoring one religious belief over another justified ignoring all of these. They don’t, and the same conclusion applies whether we are discussing a technical legal violation, a breaching of organizational rules, or personal misconduct.

Anyone who reads Ethics Alarms knows that I believe that the culture only becomes and stays ethical if all its participants accept the responsibility of flagging and, when necessary, condemning and stopping harmful societal conduct, as well as unethical personal conduct that will be toxic to society if it becomes the norm. Nevertheless, society becomes oppressive and intolerable if every single misstep, offense, violation, possible violation, arguable violation or mistaken judgment is cause for confrontation, conflict and policing, without regard for context and consequences. Indeed, much of the challenge in ethical analysis involves deciding what kind of misconduct matters, even once the question of whether something is misconduct has been settled. Continue reading →

“ARRGHHHHHHHHH!!!!” Is This Wrong?

/ Jack Marshall / 15 Comments

"I'd be so very appreciative if you resolved not to contact me again!"

Some years ago, a person in my household who shall not be named made the mistake of buying some drugs off the internet. Now, with ever-increasing frequency, we receive calls from illicit on-line pharmacies. all hours of the day, sometimes one after the other. Telling them not to call doesn’t work; telling them we are going to report them doesn’t work. I have warned the callers of dire consequences to future callers, and now have to find some actual consequences to inflict.

My new practice, when they reveal who they are and their purpose, is to  give a blood-curdling, high-pitched scream directly into the phone, as loud as I can make it. I am certain this is startling (I have a great scream), and I hope it is painful. I would not be sorry to learn that it bursts an eardrum or seven.  Plan B…an airhorn.

Is this unethical?