History

Morning Ethics Warm-Up, 5/20/21: Happy Birthday, John Stuart Mill!

/ Jack Marshall / 21 Comments

Mill

John Stuart Mill (1806–73), was born on May 20, not merely the most important figure in ethics to have a connection to this day, but also the most important human being born on this day in the history of civilization—yes, even more than Cher, who turns 75 today. Mill’s refined the concept of liberty that required the freedom of the individual in opposition to state control. He was the most influential proponent of utilitarianism, the crucial ethical theory developed by Jeremy Bentham. He helped reform scientific inquiry and research, recognizing the pervasive risks of confirmation bias, by clearly explaining the premises of falsifiability as the key component in the scientific method.

Mill was also a Member of Parliament and a towering figure in liberal political philosophy. You have certainly heard or read his most famous quote: “A society that will trade a little liberty for a little order will lose both, and deserve neither.”

A thorough biography and analysis of his work is here.

1. Justice Breyer doesn’t care about making sure the Supreme Court doesn’t get more conservative. Good. That’s not his job. Democrats realize that their control of the Senate is hanging by a thread, “thread” defined as a few superannuated Senators who could drop dead any second, giving the GOP a majority. Thus they are increasingly pushing Justice Stephen G. Breyer, 82, to retire now so Joe Biden can name an appropriately liberal replacement (who will also have to be female and black, vastly limiting the pool of possible choices without concern for actual legal competence.) “Breyer’s best chance at protecting his legacy and impact on the law is to resign now, clearing the way for a younger justice who shares his judicial outlook,” wrote Erwin Chemerinsky, the hyper-partisan dean of the law school at the University of California, Berkeley in The Washington Post this month. Got that? The 80+year-old Democratic Senators have to hold on to their jobs like grim death, but Breyer is being lobbied to retire. Hypocrisy, they name is Democrat! But it isn’t Breyer:

The Justice has been particularly vocal about the importance of not allowing politics to influence judges’ work, including their decisions about when to retire. “My experience of more than 30 years as a judge has shown me that, once men and women take the judicial oath, they take the oath to heart,” he said last month in a lecture at Harvard Law School. “They are loyal to the rule of law, not to the political party that helped to secure their appointment….If the public sees judges as politicians in robes, its confidence in the courts, and in the rule of law itself, can only diminish, diminishing the court’s power.”

I wonder if he’s read (or seen) “The Pelican Brief”…Meanwhile, research suggest that retirement tends to kill Supreme Court Justices. A paper in The Journal of Demography studied the effects of retirement by Supreme Court justices on their future longevity, and found that the effect of retirement was about the same as smoking two packs of cigarettes a day. The Democrats don’t care if Breyer dies sooner than later, though, as long as he does it when they can pick his successor, or after he’s quit.

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Saturday Ethics Spasms, 5/15/21: Are You Reading This? I Don’t Want To Know!

/ Jack Marshall / 15 Comments

Well, I’ve solved the annoying traffic problem on Ethics Alarms: I’m not checking the traffic any more. It doesn’t affect anything but my ego and enthusiasm. My ego is a lifetime problem, but my enthusiasm is important, and there’s no reason to deliberately upset myself. I kicked the traffic in the metaphorical solar plexus by being such a health-weenie the last couple of weeks, but I have to just focus on content, trying to maintain variety, and staying dedicated to the mission here. William Saroyan, with whom I have more in common than is good for me, liked to say that an artist has not lived in vain if one human being sings his song. I’ve always tried to act as if I believed him, and it’s high time that I really did.

1. President Biden and I agree on this, at least. The President put the kibosh on President Trump’s half-baked—maybe 25% baked—National Garden of America Heroes project. Good. I explained why this was bad history and a waste of time and money here.

In Trump’s defense, at least his worst ideas didn’t cost trillions of dollars…

2. Nah, there’s no mainstream media bias! Most media outlets are parroting this, from NASDAQ:

“Consumer sentiment in the U.S. has unexpectedly decreased in the month of May, according to preliminary data released by the University of Michigan on Friday.The report showed the consumer sentiment index dropped to 82.8 in May from 88.3 in April. The decrease surprised economists, who had expected the index to rise to 90.4.”Consumer confidence in early May tumbled due to higher inflation–the highest expected year-ahead inflation rate as well as the highest long term inflation rate in the past decade,” said Surveys of Consumers chief economist Richard Curtin.”

Unexpectedly? After the new administration has behaved as if the national debt was in Monopoly money,the Left slow-walking the opening up of the economy when it should never have been shut down, and the enthusiastic socialists who write the checks paying Americans not to work? Are economists that stupid, or do they just think the public is that stupid?

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End Of Week Ethics Regrets, 5/14/2021: Trevor Noah’s Wit, The Yankees’ Great Vaccine Experience, And Other Puzzlements

/ Jack Marshall / 33 Comments

regret

1. Baseball Ethics notes:

  • Ethics Heroes: The Houston Astros. When I forgive them for cheating their way to the 2017 World Championship, they might be worthy of a full post the next time they do something exemplary. The Astros are providing furnished apartments to minor-league players across all levels this season. According to The Athletic, they are  the only club doing this. Minor league players are obscenely underpaid, and have to find desperation lodging on salaries that aren’t much better than minimum wage. What the Astros are doing should be the industry standard. Is this an attempt by a bad actor to prove it has come into the light? Maybe. It’s still admirable.
  • In the category of “It isn’t what it is,” we have a bizarre statement from New York Yankees general manager Brian Cashman. The Yankees have confirmed eight cases of the Wuhan virus this week, with shortstop Gleyber Torres  the first player to test positive. The other seven cases had been among the Yankees’ coaching and support staffs, including pitching coach Matt Blake, third-base coach Phil Nevin and first-base coach Reggie Willits. Something is clearly amiss, either in what the team has been doing or in the effectiveness of the Johnosn and Johnson  single shot vaccine, which is what the Yankees provided to the team. Cashman said, in a longer statement to the press,

“The one thing I take from this is I believe the vaccine is working. We can take great comfort, thankfully, that all who were vaccinated with the J&J, provided from two different states, the one batch in New York, the other batch in Florida, at various different times, one in March versus obviously earlier in April, we believe it has protected us from obviously something severe or something much more difficult to be handling than we currently are.”

Or, the fact that so many Yankees who were  “fully vaccinated” got the virus anyway might suggest that the vaccine involved isn’t that great. I would come to that conclusion before “the vaccine is working.” Baseball players are young, athletes, and as far removed from high risk as one could find. Before the vaccine, only one player who contracted the virus last season became seriously ill, and that was from aside effect of the illness rather than the illness itself.

2. Explain those rules again for me, please? In today’s Arts section of the New York Times, we have this note:

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A Word From Your Sponsor…

/ Jack Marshall / 2 Comments

I’m giving a Zoom CLE seminar, 3 hours, for legal ethics credits, for the D.C. Bar this evening. If you are a lawyer, you might want to participate. The program is “Clarence Darrow’s Legal Ethics Lessons for Today’s More Ethical Lawyers 2021,” and features, as Darrow, my friend and long-time D.C. theater star Paul Morella. (You may recall him as a sinister young law firm associate in “The Pelican Brief.”) I do the ethics stuff.

Paul and I have done constantly evolving versions of this seminar for years, an adaptation of a one-man show I wrote for my late, lamented Arlington, VA theater company 20 years ago. Paul has continued to perform the show all over the country.

The link is here.

Now back to our usual scheduled programming….

Evening Ethics Cool-Down, 5/5/21: Toyota, Patents, And The Cheating Homecoming Queen

/ Jack Marshall / 16 Comments

Frozen-Jack-Nicholson

I don’t want to over-use the “This Date In Ethics” concept, but attention must be paid: this was the day, in 1961,that Navy Commander Alan Bartlett Shepard Jr. boarded the Freedom 7 space capsule to becoming the first American astronaut to travel into space.

In these times where so many aspects of our culture are working to imbue Americans with fear of living, when people wear masks in their cars and teachers are willing to cripple both the economy and children’s education to minimize their risk of catching a virus, it should be remembered that a young, healthy man risked his life and the chance of a fiery death to advance America’s science and the spirit of exploration.

1. For some reason (Cognitive dissonance?) I haven’t been checking Althouse as often since she decided that her readers were hogging too much attention on her blog by insisting on posting comments. She still has an admirable talent for cutting through the BS. Reacting to today’s announcement that Facebook’s “quasi-indepedent” board upheld FaceBook’s partisan and anti-democratic ban on Donald Trump’s posts. Ann writes, “I’m not surprised. If the decision had gone the other way, Facebook could have found some new offense and banned him again.”

Not could have, though; would have.

2. How is this fair or equitable? Once again, Toyota is giving a special discount to “recent college graduates.” This is, of course, ham-handed pro-college virtue-signaling, but wouldn’t you guess that non-college grads of the same age need such discounts more? In the TV ad, we see a nice, upper-middle class white girl from childhood to college—it sure looks like her parents can afford a car…or she can afford a full-price cheaper car. Interestingly, this is one of the relatively few TV ads running now that dares to feature a white character who doesn’t at least mitigate her ingrained evil by being part of a mixed-race family.

Special deals on products and services for special categories of Americans—yes, even veterans—are divisive and incoherent.

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Ethics Filips, 4/30/21: Incompetence Amuck [Expanded]

/ Jack Marshall / 24 Comments

1. CVS, our oasis of responsible health care...This really happened to me. At my local CVS this morning, waiting in line for the pharmacy, everything broke down when the trainee clerk couldn’t locate the prescription of the woman in front of me, who said she had received a call telling her to pick it up. The clerk and the supervisor insisted that they had no such prescription, and the supervisor even printed out a sheet showing her last five pick-ups. “Uh, that one on the top—the one with a red circle around it? That’s what I’m here to pick up,” she said, with less venom than I would have used. This completely confused the staffers, who caucused, and asked her to verify various dates. “Why don’t just look in the bin labeled “O” (her surname initial) and see if it’s there?” the woman suggested. They did, and sure enough, there were her pills. I started giggling, and she looked at me and said, soto voce, “Isn’t this scary?”

Then it was my turn. While waiting out this drama, I had noticed three printed signs reading that “The Coronavirus Vaccine is not currently available at any CVS locations. Check cvs.com for updates.” I asked to speak to the pharmacist, and told her that the signs were wrong: my sister and other people I know had been vaccinated at CVSs, and months ago. “Yes, but this CVS doesn’t have the vaccines,” she said. “But that’s not what the signs on your area say,” I pointed out. “They say that NO CVS locations have the vaccine. That is demonstrably untrue, and I would expect CVS staff to know that.”

“Oh,” she shrugged. “Well, it’s easy to change the signs…”

2. Yesterday I saw…

  • An 8 year-old boy, running in a field, completely alone, wearing a mask.
  • A man leaving his home maskless, then putting a mask on as he got into his car.
  • A teacher (we live next to an elementary school) outside with her class. She wore a mask, and so did half of the children.
  • A woman walking her dog on a windy day in Virginia. She had a mask. (The dog did not. Dogs are smart…)

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Sunday Morning Ethics Warm-Up, 4/25/21: “Genocide,” Crisis” And “Honeymoon”

/ Jack Marshall / 15 Comments

John-Tenniel-Humpty-Dumpty

The good news is that I’m back at the keyboard, though at a ridiculous hour. The bad news is that I’m here because I’m out of pain-killers, and my mouth is killing me. [UPDATE: I started this post at 3 am, couldn’t continue, and now it’s after noon. I’m clearly a weenie. I’m pretty sure my father endured worse pain than I am dealing with all through his life and repeatedly after his foot got blown up in the war, and he never complained once…]

Yesterday marks a great moment in ethics, and my plan was to mention it on time. On that date, April 24 in 1863, Francis Lieber, a Prussian immigrant whose three sons served in the Civil War, created what became General Orders No. 100. Reflecting his many writings on the topic, it was a code of conduct for Federal soldiers and officers when dealing with Confederate prisoners and civilians. The code was subsequently borrowed or adapted by many European nations, including influencing the Geneva Convention. Unique when it was written, Lieber’s code was the product of a committee of four generals and Lieber, who were tasked by Union General Halleck to draft rules of ethical combat. The the 157 articles established regulations and standards for the treatment of prisoners, exchanges, flags of truce, and much more. The document was written almost entirely by Lieber, and there was nothing like it.

1. President Biden does the ethical thing that President after President didn’t have the guts to do…He finally authorized referring to the Ottoman Empire’s Armenian genocide as “genocide.”

Good. Any President since 1916 (that’s Woodrow Wilson through Trump) could have made official the historical reality, but keeping our Turkish allies happy by enabling their long denial was deemed more pragmatic. Of course what the Ottoman Empire did to its Armenians was genocide. An estimated 800,000 to 1.2 million Armenian men, women, children, elderly and ill Armenians were marched to the Syrian desert in 1915 and 1916, with many thousands killed on the way. There they were placed in concentration camps. After another wave of massacres in 1916, only 200,000 of those deported survived. Many of these were forcibly converted to Islam and integrated into Muslim households. Still more massacres and ethnic cleansings of Armenian survivors were carried out by the Turkish nationalist movement after World War I. Naturally, the Armenians’ property was confiscated in the process. The genocide reduced the Armenian population of the Ottoman Empire by an estimated 90%

2. And yet, ironically, the same administration refuses to use the word “crisis” to describe the current illegal immigration mess at the Mexican border, a crisis entirely created by Biden’s implicit invitation to aliens to break our laws and eventually benefit from doing so. Thus Politico, part of the Left’s propaganda and disinformation apparatus, sent out a memo to staff telling them not to use the term “crisis,” and to “avoid referring to the present situation as a crisis, although we may quote others using that language while providing context. While the sharp increase in the arrival of unaccompanied minors is a problem for border officials, a political challenge for the Biden administration and a dire situation for many migrants who make the journey, it does not fit the dictionary definition of a crisis. If using the word ‘crisis,’ we need to ask of what and to whom.”

The situation indeed fits the dictionary definition of “crisis.” Politico also doesn’t seem to be troubled at all that it and every other news source referred to a similar but far less massive wave of children showing up at the border when Trump was President as a “crisis.”

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Ethics Irony: The Day The Author Of The Declaration Of Independence Sold An American To The Author Of The Constitution

/ Jack Marshall / 21 Comments

John-Freeman-sale-to-JM-LOC

April 19 is a pretty bad day in U.S. history generally. In 1775, the Revolutionary War started with a rout in Lexington, Massachusetts, just a few minutes by car up Massachusetts Avenue from my childhood home in neighboring Arlington, then Menotomy. 700 British troops, having shot up that hamlet and its defenders on the way, found 77 armed minutemen under Captain John Parker opposing them on Lexington Green, now a large traffic circle. It took a just few minutes to kill enough of the barely trained Colonists for the ragtag army to disperse, but the British marched into a much larger force at nearby Concord Bridge, and a much worse result for the Empire. In 1993, a botched siege of the Branch Davidian compound in Waco, Texas ended with 22 children and almost 80 adult religious cultists burning to death. In 1995, the U.S. was introduced to domestic terrorism on a grand scale with the Oklahoma City bombing. But none of those events create the ethics trauma of considering a little noted financial transaction between the former third President and the newly sworn in fourth.

On April 19, 1809, Thomas Jefferson, seemingly always lacking cash, prepared a contract to transfer ownership of an indentured servant with the ironic name of John Freeman to freshly installed President and fellow Virginian James Madison.

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The New Fascists Among Us, Part I: Unethical Tweet Of The Month

/ Jack Marshall / 22 Comments

The tweet above, located by Glenn Reynolds at Instapundit, comes from Sarah Jane Glynn, self-described on her Twitter feed as “Expertise in Econ/Gender/Lady-business. Professional Feminist & Semi-Professional Eyeliner Expert. All mind blowing views my own. She/Her.” Sarah left out “Good German,” perhaps for space, but a classic example of the rising Fascists of the Left she is, a toxic mutation of American that, in retrospect, we now realize emerged as tadpoles during the Obama Administration when the squiggly things were directed to use family holidays to propagandize relatives about the evils of climate change and the virtues of Obamacare. Now those tadpoles are full-fledged toads, and ugly ones indeed, like Sarah.

It is encouraging—maybe I’m grasping at straws here—that her tweet has many more re-tweets than “likes.” Perhaps that means that Americans haven’t lost the ability to recognize a fascist when they see one, even after four years of the fascists of the Left calling Donald Trump a threat to democracy when he was nearly the exact opposite except for his intemperate bluster.

Boy, I hope so. I have been composing in my head a series of questions for the nearby neighbor who has erected the giant eyesore of a sign near my home, a six-foot by four-foot black-painted wooden board with a giant red heart bearing the words, also in black, “Black Lives Matter,” accompanied by a medieval suit of armor standing next to the sign, for some reason. This display has been up for nearly a year now. Maybe the armor represents “systemic racism,” the accusation rather than the condition, since those who favor it think it makes them invulnerable to criticism, facts, or logic. The new fascists believe this phrase imbues them with moral certitude and unquestionable wisdom when they adopt it as their mantra, though the concept itself is empty, facile, tautological and insulting. Accepting that the United States exists and continues its evil ways because of “systemic racism,” essentially the fantastic “1619 Project’s” view of America, has become the “Heil!’ sign of the rising totalitarians among us.

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Observations On The U.S. Supreme Court “Final Four” For “Greatest Justice Ever”

/ Jack Marshall / 13 Comments

The indispensible and, as far as I can discern, scrupulously non-partisan and objective Supreme Court analysis site SCOTUSBLOG, has, in a rare display of frivolousness, created a “bracket” quest for its readers to decide on the “the greatest Supreme Court justice” of all time.

The contest is now down to the “Final Four,” as a parody of the NCAA tournament that I somehow manage to miss every years because of my sock drawer emergencies. Writes James Rosomer:

This tenacious tetrad of justices (just enough to grant cert!) is an apt representation of 220 years of American jurisprudence. In their ideologies, their sensibilities and their historical eras, these four semifinalists are diverse in many ways – though the lack of racial and gender diversity also stands out as a sad reflection of the court’s history.

What matters is the intellectual diversity on the Court, not color or genes, but even SCOTUSBLOG apparently feels the need to pander to the woke mob. I’ll forgive Rosomer, and the readers who voted in the competition have mostly shown an admirable lack of ideological bias and substantial historical perspective. “A liberal icon, a conservative icon, an early 19th-century pioneer, an early 20th-century luminary” is how the blog correctly describes the finalists.

My favorite Supreme Court Justice was among the 16 entered, but didn’t make it to the finals. No, not John Marshall: my favorite is Hugo Black. That the best writer and the keenest legal mind of all (in my opinion) would lose to Earl Warren demonstrates the unavoidable vagaries of the term “greatest.” Is that intended to mean most important? Marshall has to win in that category. Most influential? Warren, perhaps, but that was as an administrator and leader, not as a judge.

Black was a First Amendment absolutist, and we could use his eloquence now. The black mark against Black is that he wrote the court’s majority opinion in Korematsu v. United States, which upheld Roosevelt’s decision to intern Japanese Americans during World War II. Black believed the judiciary should stay in its lane, and thus believed that the Court should not interfere with  legislative and executive actions during wartime. It is fair to say that everyone was wrong in the decision to take away the rights of Japanese Americans. Calling Black a racist, however is unsupportable. He joined the majority in Shelley v. Kraemer (1948), which invalidated the judicial enforcement of racially restrictive covenants.He joined the unanimous Brown v. Board of Education (1954)decision that struck down segregation in public schools.

Black, however, staunchly opposed bending the law and law enforcement to accommodate civil rights activism. He opposed the Warren Court’s penchant for  reversing convictions of sit-in protesters, saying In 1968,, “Unfortunately there are some who think that Negroes should have special privileges under the law.” Unfortunately, there are more who think that now.

Black argued that waiving legal consequences for laws broken for  “good causes” could eventually lead to support for evil causes later. Black said he was “vigorously opposed to efforts to extend the First Amendment’s freedom of speech” to conduct. Ah, well, I’m a Red Sox fan; I’m used to losing.

Of the remaining four, I would think Marshall is the easy choice.

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