Health and Medicine

The Syrian Refugee Controversy: For The US Government, An Easy Ethics Call

/ Jack Marshall / 85 Comments

Syrian refugees

That does not mean that it is an easy call for Barack Obama, whose perception of his duties and the stakeholders in his decisions is often confused.

The Question: Is it competent and responsible (ergo ethical) for the  the U.S. accept 10,000 Syrian refugees (or 65,000, as Hillary Clinton advocates) in the U.S., knowing that it is statistically certain that some of them will carry the threat of Islamic terrorism with them?

The Answer: No. Of course not. How can a rational person advocate such a foolish policy?

The answers to the last question are fascinating to speculate upon, and range from 1) “A rational person won’t,” to 2) “Willful blindness to reality” to 3) “Because of a profound misunderstanding of  the ethical priorities of government and leadership” to 4) “That’s a rational policy if the policy maker-wants  terror attacks.”

The proper analogy is admitting a refugee population with members suffering from a highly-communicable, infectious, incurable and fatal disease. No responsible government would risk bringing a plague into its population without being able to make certain—certain—that none of the refugees carried it. Thus there would be a quarantine period imposed on the refugees showing no symptoms, and those infected would not be allowed to enter the U.S. population at all. This is the same situation, except that the infectious, fatal, incurable contagion is radical Islam.

Dishonest and manipulative politicians like Hillary Clinton tacitly acknowledge the plague model when they say that refugees must be admitted to the U.S. but only after they are “thoroughly vetted.” They cannot be thoroughly vetted, however. Records from Syria are neither reliable nor available. Thus what such politicians are really saying is either “I don’t support taking Syrian refugees, but want you to think I do” or “I’m hopeless detached from reality.” The first is Hillary; the second is Barack Obama, who said yesterday,

“Slamming the door in their faces would be a betrayal of our values. Our nations can welcome refugees who are desperately seeking safety and ensure our own security. We can and must do both.”

We can’t do both. It can’t be done. His first sentence is pure demagoguery, and demonstrates, yet again, how shockingly ignorant the President is regarding the duties of his office. His essential duties are  to do what is in the best interests of the United States, its citizens, and its mission of promoting human rights in the world. When those objectives are in conflict, the President must put the welfare and security, long term and short term, of the citizens who elected him and the nation he leads above all else.

Why can’t Obama see that? I don’t know. I’ve given up trying to understand the man.

Objectively, the question of the Syrian refugees is an ethics conflict, when warring  ethical principles and systems contradictory results.On the side of accepting the refugees and the undeniable risks they carry, we have altruism, The Golden Rule, fairness, kindness, decency, tolerance, acceptance, compassion, and caring.

On the side of rejecting them, there is utilitarianism, responsibility, loyalty, process, competence, trustworthiness,  prudence, and due diligence.

For a leader, the choice is obvious, because for a leader, it can’t be a question answered objectively. The President of the United States is not permitted the luxury of altruism, or objectivity. He holds an office of trust, and is trusted to place  citizens above others. This decision involves more than values. It is a matter of leadership and government ethics.  However much Obama or anyone else believes that assisting the Syrian refugees, of any number, is objectively the “right thing to do,” the United States Government cannot regard it that way. It is bound by its own duties, standards and priorities to be partisan: this country comes first. The Syrian refugees present a real and existential peril that cannot be avoided, except by keeping them out.

Easy ethics call.

At least it should be.

Other points:

1. Nonetheless, it is Obama’s call. The 28 state governors who have announced that they will “not permit” Syrian refugees in their states are either ignorantly or for effect asserting a power they do not have. States cannot reject immigrants and refugees duly and lawfully admitted into the country by the Federal government. (According to the Obama Justice Department, they can’t reject illegal immigrants negligently admitted into the country by the Federal government’s incompetence and corruption, either.) These announcements of defiance are a bluff, but have undeniable political power. Continue reading →

The Unlikely Ethics Dunce, And Why Nobody Pays Attention To Ethicists And I Don’t Blame Them

/ Jack Marshall / 17 Comments
Wait, how can the nation's most famous ethicist be an Ethics Dunce? It's not easy...

Wait, how can the nation’s most famous ethicist be an Ethics Dunce? It’s not easy…

Ethicists have managed to make ethics nearly invisible in our cultural debates, and nearly useless as a decision-making tool, when it ought to be the most useful tool of all. They accomplished this over centuries of work, making the discipline of ethics abstruse, elitist, abstract, and worse of all, boring. Nobody should be bored with ethics, hence my statement, “Ethics isn’t boring, ethicists are.” Once ethics was pigeon-holed in the realm of philosophy, however (it belongs with “crucial life skills” and “critical thinking”) and philosophy became associated with scholarship, advanced degrees and academia, the jig was up.

The problem is that academic ethicists teach and write about abstract ethics, and life is not abstract. Their quest is for one formula to determine right from wrong, and life and human beings are more complicated than any one formula can encompass. When I started this blog, I got a lot of grad students writing me who demanded to know whether I was a Utilitarian,  Kantian Deontologist, a follower of Natural Law Ethics,  a Virtue Ethicist or a devotee of Stakeholder theory. My answer was “all of the above and none of them.” All of these and more are useful tools of analysis, but none work all the time, and the amount of words loaded into jargon to explain and debate the nuances of any of them render them all useless except for  writing scholarly papers.

The ethics that the public learns, as a result, are what pop culture and society teach them, and most of that isn’t ethics at all. For example, in the cable series “The Affair,” a well-educated older man was advising a young woman, the mistress in the affair, about how to think about the illicit relationship that broke up he lover’s marriage. Wise and thoughtful, he described his own adulterous affair, and then said, “What you did wasn’t wrong. You didn’t kill anybody. You didn’t break any laws.  Don’t be so hard on yourself.”  There is no ethics in that statement. Itis just employs two popular and facile rationalizations (#4. Marion Barry’s Misdirection, or “If it isn’t illegal, it’s ethical,” and #22, the worst of all, #22. The Comparative Virtue Excuse: “There are worse things.”) with another lurking but unspoken one, the Cheater’s Special, #23. Woody’s Excuse: “The heart wants what the heart wants,’ underlying the whole scene.

That’s ethics, I would guess, to about 90% of the population. Scary. This is, however, where ethicists have taken us. They could be so important to the culture, if they would get their heads out of their asinine models and explain ethical principles that are relevant to real lives in a manner that doesn’t make normal people become hostile to the subject.

This brings us to Peter Singer, Princeton’s acclaimed professor of bioethics who has been called the most influential ethicist alive. It is admittedly faint praise, but probably correct. Continue reading →

Debate Questions No Democrat Will Ever Be Asked (2): “Do You Agree With The Obama Dept. Of Education That A School Must Allow A Physically Male Student Who Identifies As Female And Is A Member Of A Girl’s Sports Team To Change And Shower In The Girls’ Locker Room Without Restrictions?”

/ Jack Marshall / 71 Comments

showers

It is ironic that so soon after Rachel Dolezal finally admitted the undeniable and agreed that she is, in fact, white, the federal government accepted the Caitlyn Jenner Fallacy and declared that all it takes to turn a male into a female for school policy purposes is feelings, no re-assembly required.

From the New York Times:

Federal education authorities, staking out their firmest position yet on an increasingly contentious issue, found Monday that an Illinois school district [Township High School District 211] violated anti-discrimination laws when it did not allow a transgender student who identifies as a girl and participates on a girls’ sports team to change and shower in the girls’ locker room without restrictions. 

To be blunt, and I mean blunt, this means that if a human being with a fully functioning penis says he’s a girl, a public high school is obligated by the Constitution to pretend he does not have said penis, and he must be treated as a girl and no different from any other girls in all respects. This right that nobody ever heard of before thereby means that the boy-with-a-penis-who-identifies-as-a-girl-without- one is legally able to demand that he is allowed to embarrass, upset and threaten girls who do not have cocks by forcing them, rather than him—oops, her— to dress and shower away from the group.

Everyone except the victimized members of the school’s team are wrong on this one, and there will be consequences. The school was wrong to pander to a nascent transgender social justice warrior by allowing him-becoming-her to be on the girls team in the first place.”Here’s the rule,” they should have said, “The only way we can separate girls and boys is the same way doctors do when a baby is born. How you feel is irrelevant. Which team you want to be on is irrelevant. If you have a penis, which you do, and no vagina, which you do not, then you play on the boy’s teams, or no team at all. Your choice.” Unfortunately, most school are not just run by liberals, but cowardly, intellectually lazy liberals. Nor did they see that transgender activists, like most activists, will push for more and more until they end up alienating many who support their basic argument.

Then there is the boy/girl, who was offered reasonable accommodations by the school, and decided to be a trailblazer for all similarly encumbered self-identifying females [ I made a cheap and vulgar reference here, and deleted it. I am ashamed.] and fight for their right to parade such male accessories in the faces of young women who should not have to be confronted with them in the girl’s shower.

Read my commentary on this problem. I am sympathetic, and I believe that the transitioning male-born kid who is certain that he has no snakes and snails and puppy dog tails inside should be respected and treated with dignity and compassion on his way to her-dom. He shouldn’t be bullied and he shouldn’t be discriminated against. But a rule that holds “No penises in the girl’s shower ” is not discrimination. It is common sense. It is manners.

Nor does transitioning genders make it ethical to be an asshole. Continue reading →

Two Stories To Look Back Upon Ruefully When The Nation Has Gone To Pot And It’s Too Late To Reverse Course

/ Jack Marshall / 31 Comments
Once heroin is legal, there will be no more heroin problem...

Once heroin is legal, there will be no more heroin problem...

One of the horrible results of the coming election—not as horrible as the possibility of electing Ben Carson, Hillary Clinton, Bernie Sanders or Donald Trump President, perhaps, but horrible still—will be the nation’s final capitulation to the movement started in the 1960’s to keep the country, the culture and the poor stoned. Cognitive dissonance will ensure it on the Republican side, as opponents to legal pot will be the same old fogeys who proclaim that gay marriage will destroy the earth, causing a valid and correct argument to be destroyed by a senseless one. Others in the party, caring about staying in power more than our society’s welfare, will just give in, citing the usual ethically inert rationalizations that legalizing drugs is the lesser of two evils and that we need to use treatment, not punishment. Meanwhile, Democrats will pander to its pot-loving base, while also stumping for state governments legalizing the crap to close budget deficits created by their fiscally irresponsible policies. Heck, even I would rather see the pot industry taxed instead of me.

And we will be bombarded by the pairing of pot legalization with the allegedly racist “mass incarceration problem,” which is really and truly the “too many African Americans break laws and expect to get away with it because their parents and culture don’t send the message that its a big deal” problem. The big deal they, and we, are now being told is that they get punished for breaking laws, which is racist because Black Lives Matter.

I was in court watching sentencings a couple months back in Northern Virginia. While the crimes the defendants being sentenced for were not drug related, every single one of those sentenced–-every one—had either  a pot charge dropped in favor of a guilty plea for a more serious crime, had record of drug arrests, or had tested positive for pot during while awaiting sentence or on parole. Bernie and Hillary and the gang (the gang including journalists, who like their weed) would have us believe that the prisons are just teeming with otherwise law-abiding black citizens who are there because they engaged in harmless recreational drug use and nothing else. The new paradigm, pushed by the President (of course), is that prison should only be for violent felons, not habitual scoff-laws who often dabble in violence too.

Ah, yes, this is all going to work out so well.

I  encountered two stories on the web that show the path we are on as well as the muddled thinking and dishonesty that got us there. Continue reading →

Ethics Quiz: “Fixing” “Elf Ears”

/ Jack Marshall / 31 Comments

ears

6-year-old Gage Berger was being bullied by his first grade classmates because he had protruding ears, and was often derided as “Elf  Ears.” His Salt Lake City parents decided to address the problem here and now, before, they say, his self-esteem (I almost wrote elf-esteem…) was  permanently damaged, so they had his ears de-elfed to look like everyone else’s.

Now he’s bullying other funny-looking kids.

Kidding.

I hope.

But seriously, folks, the story has aroused a controversy over societal and medical ethics. Did the parents choose plastic surgery too early and for the wrong reasons? Is that how we want society to be, where bullies and critics can pressure individuals to conform to a narrow standard of acceptible appearance? Doesn’t this give them power? Does it not encourage bullying? Is a first-grader old enough to meaningfully weigh these issues? Isn’t this a choice he should make, when he’s old enough to make it?

Your Ethics Alarms Ethics Quiz for today is…

Was it ethical to clip Gary’s ears?

Continue reading →

Comment of the Day: “Unethical Website of the Month: Dogsbite.Org”

/ Jack Marshall / 6 Comments

staffordshire

Ethics Alarms is about ethics. It is about what is right, wrong and how to decide which. Here, we go where the facts, ethical systems, valuable and logic take us, as convoluted as the process may be. There is no other cause, here. occasionally I have pointed out a developing case of ethics perverted, and  by dint of timing or good fortune, it has had some tangible effect. The Sweet Brier College rescue was such an example, I am told. There have been others.

The cruel and ignorant persecution of dog breeds grouped under the category of “pit bulls’ and the “dangerous breed” litigation that has been passed by hysterics bullying craven legislators is another ethics issue that Ethics Alarms has tried to alert the public about for years. I am not an activist however; the idea of labeling something as wrong is meant as education. If it also engages activism, that is a bonus. Activism in pursuit of a more ethical society is an unequivocal good, much to be desired by us all. In addition to spur much needed activism, the dog breed bias story is also unusually relevant to other issues: racism, genocide, ignorance, government over-reach, gun control, profiling, fear-mongering, misinformation, cowardice among elected officials…it’s a long list. There will be more about this issue in coming months.

New commenter sadingo advances the issue with a discussion of pit bull banning in Great Britain. Here is his Comment of the Day on the post Unethical Website Of The Month: DogsBite.org.: Continue reading →

Ethics Musings I : The Dark Side Of Personal Injury Lawyers

/ Jack Marshall / 28 Comments

better-call-saul

I’ve been reflecting, since yesterday, on the bizarrely angry and intellectually dishonest protests registered here and on his own blog by trial lawyer Eric Turkewitz regarding the aunt who sued her 12-year-old nephew. His arguments, if you can call them that, consisted of constantly shifting the issue from ethics (what the aunt should have done) to law (what the aunt had a legal right to do), denying the core problem (Why would anyone assume that a child is harmed by dragging him into court, subjecting him to examination in front of strangers, and focusing on him as a wrongdoer and responsible for his aunt’s alleges misery, all mandated by the aunt who supposedly loves him?), and appealing to a dizzying list of rationalization and fallacies. He then made his exit by accusing me, a lawyer, of “knowing nothing about the law” (I made no assertions about the law at all—this is not a legal issue) making everyone stupid, and being a narcissist, a full-bore ad hominem attack ending in an ominous “May God have mercy on your soul!” Why would he act like that?

The reason, I realize, is that my posts challenge the basic belief system of the plaintiff’s bar, which I know very, very well having worked in an executive position and run such diverse programs as the research data base, conventions, sections, litigation groups and more over seven years with the Association of Trial Lawyers of America. Now ATLA is called “The American Association for Justice,” a name chosen purposefully to disguise the fact that it is a plaintiff’s lawyer’s lobby by keeping “trial lawyers” out of the name because it had a negative response in marketing studies. (I kid you not.)

Trial lawyers have done a lot of good and important things and continue to, but the profession is corrupting. There is a lot of money to be made, and ATLA–excuse me, AAJ, is devoted to eliminating any limits on their members’ ability to sue anyone for any amount, no matter what harm it does to the economy, the nation, the cost of health care, the bonds of trust in society, personal liberty, or public respect for the civil justice system. Individually, members of AAJ are among the top donors to the Democratic Party, in part to make sure that they can block all Republican efforts to limit jury awards, spurious lawsuits, and damages that have to be paid by negligent corporations when they destroy lives through shoddy products, conspiracies, and other conduct. The other reason is that Democrats support the redistribution of wealth, and trial lawyers profit by it.

In the matter of keeping corporations accountable, the AAJ is, as they will constantly remind us, on the side of the angels. But like other interest groups (the NRA, the ACLU, NOW, and may more) that stake out  extreme, self-serving and unethical positions in defense of legitimate rights, trial lawyers often feel that they must take the position that every injury and misfortune deserves compensation by someone else. Eventually, they believe it. Justice is taken out of the equation for all but the plaintiffs bar’s clients. Justice means that someone else is always at fault. Continue reading →

JEB! Cheater! Unethical! DISQUALIFIED

/ Jack Marshall / 8 Comments
The plant, overacting...

The plant, overacting…

Donald Trump was speaking  at a Jon Huntsman / The Hill “No Labels” event, a female audience member later identified as Lauren Batchelder posed as a feminist Trump antagonist. You can see the exchange in the video below…

But she was not a typical audience member; she is a paid staffer of a  GOP Senator and a volunteer for the Jeb Bush campaign, as a recent tweet demonstrated.

NH 6

The news media, looking desperately for someone to embarrass Trump, began framing the narrative an a pro-choice audience member who “Trumped Trump.”

A little research, however, showed that Lauren Batchelder is a current staffer for pro-life Senator Kelly Ayotte (R-NH),  and is currently also working in New Hampshire as a volunteer for the Jeb Bush campiagn.  In other words, she was a plant, she was misrepresenting herself, and this was a contrived cheat to mislead the American people while undermining Trump for the benefit of Jeb Bush.  Batchelder, like any good conspirator, tried to cover up,  deleting her tracks on social media.   The Last Refuge, however, preserved some:

[LinkedIn Profile HERE] [Twitter HERE] [Instagram HERE] [ FaceBook HERE]

The Bush fallback position, not surprisingly, is that she was a rogue staffer, acting on her own. The campaign’s words, however, were more focused on changing the subject. Allie Brandenburger, a spokeswoman for Bush’s campaign, said Batchelder is not a paid staff member ( OK, she’s a volunteer, a distinction without a difference) and attended the convention on her own (or so he claimed), but then immediately tried to change the subject, saying  in an e-mail,  “We can’t help but notice Mr. Trump does seem to be very sensitive about being challenged by women.”

Yes, we understand; That’s why you set this up. This was obviously a talking point, since Tim Miller, Bush’s spokesman, tweeted nearly the exact same thing, saying, “For what its worth, Lauren is not a Jeb staffer but the Jeb staff is amused by how sensitive Donald is to being challenged by women.”

Funny, I’m not amused. At best, Bush, Ayotte and the Republican establishment failed to properly train and supervise a staffer and volunteer sufficiently. More likely, she was given signals, like the IRS was in its illegal sabotage of Tea Party groups, that encouraged her to engage in unethical conduct. Most likely, it was a Nixonian dirty trick by a desperate, flailing, failing candidate. Unless Bush can prove that it was a case of negligent management on his part, and that proof cannot consist of Batchelder falling on her sword, and apologize appropriately to Trump and the public, then we must assume that the worst explanation is the right one.

As before, I consider making Donald Trump appear to be a victim an irresponsible  and incompetent act. As of now, I consider Jeb Bush to be desperate, untrustworthy, and foolish. He has no credibility as a leader, a campaigner, or a potential President.

_________________________

Sources: Washington Post,  Last Refuge

Yoga Class Discrimination Based On Race: It’s Benign Because Gay, Non-White Progressives Are Doing It!

/ Jack Marshall / 18 Comments

 

Yoga

“War is peace, freedom is slavery, ignorance is strength”—I wonder how George Orwell missed “Segregation is Integration”? Maybe because that was too obviously ridiculous even for Big Brother to pull off….or so he thought.

Apparently yoga and meditation studios in multiple locales in the U.S. are running “no whites allowed” classes in the interests, say the operators, of making Eastern self-help disciplines more accessible to “people of color” [ I detest this phrase, but I’m quoting] by excluding people of less valued color—that is, whites. The New York Times just published an uncritical profile of such a place in Oakland, by a reporter who shrugged off the fact that she was refused in her request to attend a class because she was too little “of color.” Incredibly, the Times reporter just accepts the Bizarro World logic and utter hypocrisy fed to her as if it makes as much sense as “freedom is slavery” makes to poor Winston after his brain cells have been scrambled by the threat of rats eating his face.

“Specific classes at the center bar white or straight people — in order to be inclusive of some, they exclude others. Those who run the center say that the practice ultimately makes the center community more diverse…Brenda Salgado, the director of the center, said that as part of its diversity efforts, the center has four different sitting groups that meet weekly. “An L.G.B.T.Q.I. sitting group, one for people of color, a Friday open sit, open to everyone — those can fluctuate between 50 or 100, Ms. Salgado said. “We also have the Every Body Every Mind group, for people with disabilities and chronic illness.”

For all but the “open sits,” the expectation is that only people who identify with the target group will attend. (I learned as much when my request to attend People of Color Yoga was turned down.) And for open sits, organizers use a Web application to ensure that white people do not crowd out others. When the spots allotted for white people fill up, registration is capped to save spots for others.”

Oh, naturally: quotas too! Continue reading →

Ethical Quote Of The Month: Yankees Pitcher C.C. Sabathia

/ Jack Marshall / 8 Comments

CC Sabathia

“Being an adult means being accountable. Being a baseball player means that others look up to you. I want my kids — and others who may have become fans of mine over the years — to know that I am not too big of a man to ask for help. I want to hold my head up high, have a full heart and be the type of person again that I can be proud of. And that’s exactly what I am going to do.”

—New York Yankees starting pitcher C.C. Sabathia, in a statement announcing that he would not be helping his team prevail in the upcoming playoffs and World Series because he was checking into an alcohol rehabilitation center to treat his alcoholism.

Nobody outside of the Yankees organization and Sabathia’s family was aware that he was suffering from this malady until the announcement. Here is his whole statement, which speaks for itself: Continue reading →