Embarassing Democracy: Gabrielle Giffords and Government by Fallacy

Giffords Notes

The estimable website Fallacy Files contains much wisdom and many tools, most aimed at helping human beings avoid stupidity and the poor decisions it generates. Among the logical fallacies it documents are the flawed appeals, arguments for a proposition based on the supposed authority of an argument of a person based on factors that should have no bearing on the debate at all. A familiar example is the appeal to ignorance, in which an advocate argues that there is no evidence that X is true, ergo X must be false.

Yesterday, gunshot victim and former Representative Gabriella Giffords made what was called “a surprise appearance” at the U.S. Senate (don’t get me started on how much of a “surprise” it was—just try showing up to testify before the U.S. Senate as a “surprise” and see how far you get.) and made what was widely called “powerful testimony” advocating gun control legislation. It wasn’t powerful testimony; it was pathetic testimony. It contributed neither information nor reasoning to the debate. Giffords said, carefully, in labored speech, “Speaking is difficult. I need to say something important. Violence is a big problem. Too many children are dying. Too many children. We must do something.  It will be hard, but the time is now. You must act. Be bold, be courageous, Americans are counting on you.” Despicably, some Left-wing blogs even managed to use her appearance to further the MSNBC lie that a Sandy Hook’s victim’s father had been “heckled” during his testimony before the Connecticut legislature. “You’ll notice that NOBODY dared to heckle Gabby as she was speaking,” commented one.

Giffords’ testimony wasn’t “powerful.” It was pathetic. It was, in fact, a classic example of another logical fallacy documented by the Fallacy File, the appeal to pity, where emotion is used as a substitute for facts, logic and argument. Continue reading

But What If David Gregory Shot the Pitbull?

Illeagl? Well, it depends. Just WHY are you breaking the law? Is it for GOOD or ILL?

Illegal? Well, it depends. Just WHY are you breaking the law? Is it for GOOD or ILL?

Another hybrid ethics tale has surfaced! Cross pitbulls (or whatever a reporter thinks passes for one) with the gun law debate and the District of Columbia’s refusal to bring charges against David Gregory for breaking its gun laws on national television,  and…bada bing! This (From the Washington Post) :

“The bloody paw prints travel the length of a city block, from a Northwest Washington street corner where police said an 11-year-old was mauled by three pit bulls to the welcome mat at the dogs’ owner’s home. Two days after the attack, in which police said all three dogs were fatally shot, the prints were a reminder of what happened at Eighth and Sheridan streets on Sunday afternoon. Police said a neighbor and an officer shot the pit bulls as they sank their teeth into the boy’s legs, arms, stomach and chest…An uncle of the victim’s said the boy was riding a new Huffy dirt bike with orange rims he had gotten for Christmas. The uncle said his nephew emerged from an alley onto Sheridan Street, where he collided with the pit bulls. D.C. police said the unleashed and unattended dogs attacked the boy before a neighbor who saw it went into his home, got his handgun and fired once, hitting one of the dogs. A D.C. police officer on bicycle patrol heard the shots, and authorities said he shot and killed the other two pit bulls…Of the shooters, the 34-year-old uncle said, “They did the right thing.”

“D.C. police said they are reviewing the incident and have left open the possibility that the neighbor could be charged with violating the District’s gun laws. A police spokesman would not say whether the gun was legally registered. Even if it was, using it on a D.C. street is illegal…”

Some Post readers were appalled that such a heroic action could result in prosecution. Wrote one, indignantly:

“That prosecutors would even consider bringing gun charges against the Northwest D.C. resident who saved an 11-year-old’s life by shooting one of three pit bulls that were brutally mauling the child speaks volumes about the mindless absurdity of the city’s gun laws, to say nothing of the zealous anti-gun sentiment that more broadly permeates officials’ thinking here…If the good Samaritan who acted quickly in this case to save a child possessed his gun unlawfully, police and prosecutors should by all means confiscate it. But contemplating further charges against him is as unconscionable as it is ridiculous.”

No, what’s ridiculous is to have gun laws that are enforced according to the policy that if a citizen does a good thing with his illegal gun, then it’s fine; only bad acts with guns will result in prosecutions. Continue reading

No, Mark Mattioli is Not An Ethics Hero

Dexter, for example, is a very civil serial killer.

Dexter, for example, is a very civil serial killer.

I’ve been getting emails from people nominating Mark Mattioli as an Ethics Hero for his comments before a subcommittee of the Connecticut Legislature considering gun control measures following the Newtown, Connecticut school attack. It’s easy to see why they think that is appropriate, since his emotional remarks—he lost his son in the tragedy—sounded ethical themes throughout.  Insisting that more laws were not the solution, Mattioli decried violence on television, and poor parenting. “We need civility across our nation,” he said, and for “common decency to prevail.” He called for accountability, and personal responsibility.  All nice sentiments; he got a standing ovation from the legislators.

Ethics, however, is not some kind of magic wand that fixes all problems, and how Mattioli thinks it will eliminate crazy teens with semi-automatic weapons is beyond me. We heard the “incivility kills” argument once before, you will recall, when the Left and the media went on a “blame Rush Limbaugh and Sarah Palin for Jared Loughner”  rampage of their own.  Mattioli’s lament had all the practical relevance to addressing gun violence as Rodney King’s “Can’t we all get along?” and John Lennon’s “Give peace a chance”…which is to say, none. Continue reading

How Fake Statistics Become “True”: A Case Study From The Newtown Massacre Ethics Train Wreck

As predicted, this ethics train wreck keep getting bigger.

As predicted, this ethics train wreck keep getting bigger.

There was a lot to wince about in Diane Sawyer’s “exclusive” interview two weeks ago with former Congresswoman Gabriella Giffords and her husband, Mark Kelly. The Arizona couple announced their intention to launch a non-profit organization dedicated to more effective anti-gun violence measures, concentrating, predictably, on the prominent features of the maniac’s rampage in Tucson that left Giffords with brain injuries that will impede her for a lifetime. Nothing to wince about regarding the effort, but Giffords’ diminished state—she can speak in only short burst of words, cannot see well out of one eye, and has difficulty walking—is tragic. It reminded me how unconscionable it was that she held her post in the Congress for more than a year when it should have been clear that her disabilities precluded her functioning as a Representative. The disturbing feeling also arose that Giffords, in her current pathetic condition, is now like the children President Obama used as window dressing for his gun-related Executive Orders announcement at the White House, an exploited figure of sentiment and public manipulation being used in the anti-gun wars. Her name was listed as the author of a first person op-ed in USA Today that contained sentences and perhaps thoughts that she cannot possibly compose. Diane Sawyer told us that she will be dragged into Congressional offices with her husband to seek support from her former colleagues, who will be forced, as Sawyer said, to say no “to her face.”

The most substantive wince, however, came from a statement of “fact” by Mark Kelly, who told Sawyer this:

“You know, how do we get to the point where 85 percent of the children in the world that are killed with guns are killed in the United States. That is a sobering statistic.”

Sobering, and obviously nonsense. Continue reading

New Mexico Abortion Wars: Yes, It’s A Terrible Law, But Not A Terribly Unethical One

Paving the road to hell? New Mexico lawmaker Cathrynn Brown

Paving the road to hell? New Mexico lawmaker Cathrynn Brown

My friend (and Ethics Alarms Ethics Blogger of the Year) Rick Jones went full-Django on New Mexico State Legislator  Cathrynn Brown for her proposed, now withdrawn, measure forbidding women who are pregnant as the result of incest or rape from getting an abortion on the theory that it constitutes “destruction of evidence.” The attempt launched Rick into rare form:

“Every once in a while someone mixes up a cocktail of such mind-melting stupidity, monumental inconsistency, and transcendent arrogance that there is little for the rest of us to do but drop everything and gaze in slack-jawed wonderment at the inanity before us. Behold, therefore, one Cathrynn Brown (right), a New Mexico legislator whose latest bill rockets off the scale, leaving “moronic” and “horrific” as feeble understatements of the idiocy involved.”

Whoa, Nelly!

Let’s calm ourselves and consider, shall we? Continue reading

“The Judge in the Hat” (With Apologies To Dr. Seuss)

antonin-scalia hat

The sun did not shine.

Inaugurations are gray.

So reporters sat mocking the people that day.

Senator Claire McCaskill tweeted just what they said.

“Why does Justice Scalia have THAT on his head?”

“It’s a beret on steroids!” one journalist claimed.

“It’s so floppy! It’s silly! He should be ashamed!”

But the mockers just showed what they’d proven  before:

They are dim wits, for the hat honored Sir Thomas More. 

It is seen on his portrait, sitting right on his hair,

And Scalia had chosen his fashion with care.

Brave Sir Thomas fought power abused by a king,

And he died fighting tyranny, beheaded one spring.

For Scalia to emulate More on this day

Meant his hat was a message, and not just some beret.

He was telling this President, as More might have said it,

“Keep abusing your powers, and you will regret it.

Obamacare skated when Roberts’ mind quit,

But  we’ll fight for the Founders, don’t you doubt it one bit!” 

It was clever of Nino, and audacious, and tough

To choose this event to declare, “That’s enough!”

And in such a sly way that he certainly knew

Would go over the heads of all but a few.

Still I’m sorry to say, but I’d say to his face,

“Mister Justice, that symbol was just out of place.

The swearing in isn’t the place for defiance; 

You were bound to show loyalty, just not compliance.”

So as much as I honor More’s ethics and fight,

For Scalia to wear his hat then…

Wasn’t right!

thomas-more

The Saga of the Entrepreneural Legal Mentor

"OK, now pay attention. I'll teach you to hunt, but it will cost you..."

“OK, now pay attention. I’ll teach you to hunt, but it will cost you…”

Attorney Kenneth Beck is reeling from a barrage of criticism he has received for placing this ad on Craig’s List:

ARE YOU RECENTLY ADMITTED TO THE BAR, OR AWAITING BAR RESULTS, BUT NEED EXPERIENCE FOR THAT FIRST JOB?

General practice attorney with more than twenty years of experience is willing to train a small number of recently admitted attorneys, or those awaiting bar results. For a monthly fee, you will be able to shadow the experienced attorney, and learn by watching the day to day practice of law. Observe the following types of proceedings, as they occur; Civil Short Calender motion arguments, foreclosure mediation’s, pre-trial conferences, Workers Compensation and Social Security hearings, real estate closings, discovery proceedings and compliance, research and general office operations. …

The unprecedented ad, now pulled, prompted nasty e-mails from his target audience and a lot of ridicule on various legal blogs. Beck hit a nerve, obviously, in fact several: the perceived venality of the profession, the desperate plight of recent law grads in a tight market, the lack of practical training students receive in law school. Some even suggested that the ad rose, or rather fell, to the level of professional misconduct. “Will this kind of revenue producer be censured by the state bar association?”, asked the blog Law and More.

That one is easy: no, because nothing about the ad raises legitimate questions about Black’s trustworthiness or honesty, and there is no clear violation of any existing rules inherent in his proposition. Still, the question lingers: even if this doesn’t nick the Rules of Professional Conduct, is it ethical? Continue reading

You’re A Marked Man, Charlie Brown!

And you thought Elmo was in trouble…

Charlie, in happier days...

Charlie, in happier days…

Peter Robbins, now 56, who was the voice of Charlie Brown on the TV special “A Charlie Brown Christmas” as well as other “Peanuts” television shows, has been arrested and charged Wednesday with stalking and threatening his ex-girlfriend and the plastic surgeon who gave her breast implants—no, this was not the little red-headed girl. I don’t think…

He’s accused of terrorizing her, calling her as many as 37 times in a 24-hour period on her cellphone and threatening to  kill her and her son if she did not give back his dog and car. In the most recent and ugliest incident, Robbins allegedly confronted his former girlfriend in a hotel room and began beating his dog—no, not Snoopy!…at least, gee, I hope not… and threatened to continue hurting the dog, not to mention killing her, if she did not promise to get a refund for the breast enhancement.

I have two observations.

1. This sad story illustrates one of the ways in which children are harmed by premature exposure to pop culture fame before they can understand the ramifications to their future. Robbins’ meltdown and shame, as well as his face and name, are all over the national media today, as the idea of Charlie Brown turning into a stalker is too strange and juicy to ignore. Without the link to the lovable “Peanuts” gang, such an item would barely be local news, much less national water-cooler fodder, but thanks to Robbins’ parents’ decision, made for him, not by him, although his life was the one most affected, his reputation is branded far and wide. Parents have an obligation to consider these things with their children’s best interests in mind. Today’s momentary stardom mat be tomorrow’s shame and permanent handicap. Continue reading

Ethics Dunce: Slate Crime Blogger Justin Peters

Read the Slate crime blog, and you could end up like this in seven days...

Read the Slate crime blog, and you could end up like this in seven days…

Slate triggered a mini-ethics train wreck by hiring a non-lawyer for what any fool could surmise would be an assignment that would often require knowledge of the law: covering the broad issue of crime for Slate’s readers. Note: to all those scambloggers who insist that there are no good jobs in which having a law degree would be an obvious asset: here’s an example. Their note back to me: “Oh, yeah? This why didn’t Slate hire one of us?”

Touché! I presume, however, that this was because the journalist Slate did hire, Justin Peters is an editor at the Columbia Journalism Review and has pals in Slate’s management…or, in the alternative, the online magazine has a death wish. I don’t think Slate has anything against lawyers. Peters is unethical, because ethical professionals don’t accept jobs they are unqualified to perform. Then again, journalists increasingly are unaware of the concept of ethics, so now we are back to Slate, and why they would hire someone to opine in a law-strewn field without knowing shinola about the law. Continue reading

TV Critics and “The Following”: Let’s Blame Kevin Bacon For Gun Violence!

tt-the-following-hed-2012

To read many of the reviews of “The Following,” the new Fox serial killer drama starring Kevin Bacon that debuted last night, one would presume it is worse trash than “Two Broke Girls” polluted by “The Bachelor.” In fact, it is stylish, original, well-acted, infinitely more interesting than dramas the same critics have fallen all over themselves praising like “The Killing,” (which is “Twin Peaks” without the kinkiness and even slower, if that is possible), and scary, which is important, because “The Following” is a horror series, just as “Silence of the Lambs” is a horror movie. What seem to scare many of the soapbox critics more is that the series is on Fox, which, after all, is evil.

The TV reviewers, in their wisdom, have decided that people shouldn’t watch serial killer shows any more, because decent Americans—them— are so traumatized by the Sandy Hook massacre that they all want an end to guns, bloody video games, and any dramatic entertainment depicting violence that doesn’t come from a zombie or a vampire. Thus they savaged Kevin Bacon’s show….not because of its artistic and production values, but because they don’t want that kind of show on TV any more, and insist that the public consists of easily pleased sheep if they don’t feel the same way. Continue reading