Rights

Morning Ethics Warm-Up,1/28/2018: Looking For The Silver Lining

/ Jack Marshall / 17 Comments

Good Morning!

1 Phooey. This was one of those annoying weeks where the blog covered a lot of diverse topics (28 posts in the last 7 days), featured excellent comments, and was rewarded by a kick in the teeth. There was a big drop in followers, especially after the post about the Larry Nassar sentencing fiasco (I got slammed on Facebook, too.) That one is not open to legitimate controversy: the judge was unethical, the manner of sentencing did breach the Judicial Canons in Michigan and elsewhere, the length of the sentence was  disproportionate, and the parade of victims was a disgrace to the system. Never mind, though: he’s a monster and didn’t deserved to be treated any better by the judge, so good for her. No wonder trying to get people to reason using ethics tools and systems is so difficult. Most people default to emotion; some lawyers on Facebook even expressed that sentiment—“You go girl!”

It is such basic ethics, and so core to the justice system, that even the worst human beings deserve to be treated with the same respect and fairness as anyone else in the justice system. It is the bedrock of professional ethics that those with the job of protecting the public’s health, safety and welfare must be role models and eschew the passions and indulgences of the public they are pledged to serve. Yet people are frustratingly resistant to both concepts, giving lip service, pretending to understand, then  regularly bouncing back to rationalizations and mob reasoning like their values were on a bungee cord.

Silver Lining: It is satisfying to be 100% sure you are right in principle, even when, indeed especially when, you are getting beaten up for it.

2. And speaking of bitches…Contemporaneously with Hillary Clinton’s transparently cynical and damning response to the revelation that she responded to a campaign staffer’s complaint about sexual abuse by Hillary’s “spiritual survivor” in 2008 by transferring the accuser while keeping her advisor around (to harass others, it seems), she released a video…

…that began with the words, “And let me just say, this is directed to the activist bitches supporting bitches.” And thus we see how the Nation of Assholes is progressing. Somehow, I didn’t see the coarsening of the culture as Americans, as they always so, emulate the conduct of the President, extending to  Hillary Clinton, but why not? She has no integrity or ethics alarms. If she thinks going potty mouth will bring her money and power, why wouldn’t she ditch civility? The woman is first and always an ethics corrupter. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up: 1/18/2018: Enemies Of The People

/ Jack Marshall / 2 Comments

Today’s Comment of the Day teaches a couple of lessons:

1 Contrary to common belief, and Ethics Alarms Comment of the Day does not have to be long, though many are. Indeed, I was tempted to make Willem Reese’s one sentence comment to the Kangaroo People abortion ethics thought experiment a Comment of the Day. He asked, shaming us all,

“The deciding case would likely be Roo v.Wade, then?”

2.  Late comments on older posts are still worth reading.

Here is Pennagain’s Comment of the Day on the post, Morning Ethics Warm-Up: 1/18/2018: Enemies Of The People:

Over the past couple of decades, approximately, I have become increasingly uneasy, depressed, anxious, angry, isolate and finally maddened by what has gone into the methodical and insanely deliberate betrayal of ideals and freedoms, the destruction of respected, useful institutions, the disregard for all the high, bright values in “my” society, my culture. But even when the detrimental changes began to affect me directly — my person, my quality of life, my safety and security (such as it was: I’ve never needed much) — I clung to the mantra this too shall pass. But, as my historian friend kept reminding me, the 500+ year old Roman Republic went belly up within the same amount of time, and never found its feet again. Still, I wasn’t scared out of my wits until I read the word “COUNTERSPEECH.”

Counter. Speech. Against speech. Not just anti-First Amendment, something to STOP PEOPLE FROM SPEAKING. Not just “free” speech; simply not using any words that mean anything. The language of technology, the language that becomes more abbreviated with all its faster-than-life(sic) changes, a spoken version of texting and twitting, a dumbing of vocabulary, a numbing of nuance. . A muffling of all meaningful voices. The left will pull the blanket over its head first, and willingly, and not even understand what is happening until it wakes up in the middle of the night with its headphones glued to its brains, silently screaming.

Much as I hate to bring up the name of der Furher because it has become such a cliche, he has the most appropriate description of what “Counterspeech” can become. It is akin to what Hitler first announced at the Wannsee Conference in 1942 as The Final Solution.

The Unethical Sentencing Of Dr. Lawrence Nassar

/ Jack Marshall / 40 Comments

Non-lawyers and journalists mostly cheered Ingham County Court Judge Rosemarie Aquilina’s grandstanding, self-indulgent, unprofessional and unethical handling of Dr. Larry Nassars’s sentencing yesterday. Nobody bothered to seek the opinion of criminal lawyers and judges, much less ethicists. If they had, they would have heard a loud, collective, “Ugh.”

It was a disgrace. I object to victim impact statements in sentencing, a terrible idea pushed by victim’s rights advocates, because it misrepresents the purpose of the justice system. The objective is to punish citizens for violating laws, not to get revenge for victims or their families, not to get “closure,” and not to satisfy emotional needs. The process isn’t personal, or shouldn’t be. If it is personal, then it isn’t objective. Judge Aquila threw all of that out the window as she played to the cameras and the mob.

Criminal defense lawyer and blogger Scott Greenfield aptly explained what was unethical about the parade of victims:

Nassar’s sentencing hearing is a clear example of a judge straying from promoting the public’s trust in a fair and impartial judiciary. Let’s begin with Judge Aquilina’s decision allowing over one hundred and sixty victim impact statements across seven days. 

Victim impact statements are theoretically allowed as a means of giving a crime victim the chance to describe their experience to the court. Defense lawyers aren’t typically fans of them, and too many can arguably have a prejudicial effect against a defendant.

Contrast Nasssar’s hearing with that of Dylann Roof, the Charleston shooter responsible for the deaths of nine churchgoers. Judge Richard Gergel admonished the State’s list of thirty-eight statements, cautioning against a “spectacle”. David Bruck, the attorney assigned to advise Roof, claimed the proceeding violated “every principle restraining victim impact statements under the 8th Amendment.”

Strangely, no advocate stood to question admitting impact statements from over 160 victims, including gold medal Olympians, might prejudice a jurist’s decision. It’s hard to imagine Judge Aquilina even entertaining such an argument.

It is also hard to imagine Nassar’s sleepwalking defense attorney making such an objection. She was praised by the judge for taking on an unpopular client, but taking him on isn’t enough. She was supposed to protect his rights.

Then the judge delivered her sentence, turning her moment in the national spotlight into a self-aggrandizing, virtue-signalling, vainglorious soliloquy to the gallery. This was one more example of why televised court proceedings are a bad idea.

I’m going to give you the whole transcript of her remarks, bolding the sections before my comments. Cut to the bolded sections if you don’t care to experience the full measure of Judge Aquilina’s narcissism. One section,, however, was left out of all the published versions that I could find:

“Our Constitution does not allow for cruel and unusual punishment. If it did, I have to say, I might allow what he did to all of these beautiful souls—these young women in their childhood—I would allow someone or many people to do to him what he did to others.”

The judge apparently had this excised from the official transcript. No wonder. She is advocating prison rape and by doing so, endorsing it. Michigan’s judicial ethics standards require in part,

“A judge should respect and observe the law. At all times, the conduct and manner of a judge should promote public confidence in the integrity and impartiality of the judiciary. Without regard to a person’s race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect.”

Needless to say—I hope—‘I wish I could have you gang raped’ does not meet this standard. It is also troubling that a judge would distort the record. She said what she said, and the public should know she is the kind of jurist would say something like that—an unethical one. The state’s judicial panel should also know.

Here is the rest: Continue reading →

Kangaroo-People Abortion Ethics

/ Jack Marshall / 63 Comments

Yes, it’s true: in the alternate universe, that little thing on the left grew up to be vocal feminist, writer and abortion advocate, Kangaroo-Person Lena Dunham!

I have been reading about marsupials and kangaroos. Don’t ask why. But it got me thinking…

Imagine, if you will, a parallel universe where the human race evolved, due to the vicissitudes of chaos, from marsupials rather than primates. In every respect, the  Kangaroo-People have developed as we have. Same nations, same traditions, same institutions, same ethical standards, life expectancy, gender distinctions, laws, culture and politics. The only difference is that in this universe, the Kangaroo-People give birth like kangaroos, as females have the same reproductive equipment as their kangaroos ancestors  To look at them, you’d never know. Kangaroo Person Kate Upton looks exactly like ours;  Kangaroo Person Hillary Clinton could walk up to our Bill and he’d never know the difference. (She does have a safe place to keep her Blackberries, though.)

After a few weeks of gestation, baby Kangaroo-People are born at about the size and shape of a jellybean, with about as much personality. The Kangaroo-People mother guides her offspring by licking a path from her cloaca ( which leads into three vaginas, just like regular kangaroos in this universe) to her pouch. The baby is essentially still a fetus at this point, with incompletely developed  eyes, ears, organs and central nervous system. It does have claws, so it can crawl,  and an olfactory bulb, the section of its brain devoted to the sense of smell. This allows the baby to follow the scent of mom’s saliva into the pouch. There it latches on to a teat, and holds on as involuntary contractions of muscles in the mother’s  stomach wall force milk out of her mammary glands to the growing fetus/baby. 235 days or more later, the baby, now fully developed, emerges from the pouch. Before that, the baby Kangaroo-Person gets strong enough to periodically let go of the teat, and crawl around the pouch.

Kangaroo People celebrate their birthdays based on when they were born, of course. They also are named by Mom and Dad, and have their birth certificates filed. Continue reading →

Those “Dissent Is Patriotic” Signs

/ Jack Marshall / 32 Comments

My Alexandria, Virginia neighbors are fond of simple-minded and obnoxious virtue-signalling signs, as I discussed here.

Another one has started popping up, this one proclaiming “Dissent is Patriotic.” As a general proposition, little of value can be stated in three words, especially those with “is” in the middle. “Dissent is Patriotic” is a gross generality, and a sign like this bolsters the delusions of smug absolutists and the historically ignorant.

The ACLU has been pushing this slogan (to sell T-shirts, it seems), and it had a re-birth thanks to the NFL kneelers, who are in truth a perfect example of when dissent isn’t patriotic. Incoherent dissent isn’t patriotic: it makes all dissent look bad. Dissent based on hate, lies, or a desire to divide isn’t patriotic: it’s hateful, dishonest and divisive, which is to say harmful, and thus unethical.

Speaking of dishonesty, many of these signs use the phrasing you see on the left, which is a fake quote attributed to Thomas Jefferson. Attaching a dubious assertion to a much-admired historical figure is an unethical propaganda tactic employing a dishonest appeal to authority.  (This is a famous example.)

As Ethan Epstein wrote in The Weekly Standard,

Few if any Americans are associated with more apocryphal quotes than Thomas Jefferson, but the false notion that he said, “dissent is the highest form of patriotism” is among the easiest to dispel. Because Jefferson never would have said something so idiotic. Of course dissent can be patriotic, but it isn’t inherently so. What one is dissenting from matters. Were members of the German American Bund, who protested the U.S.’s anti-Nazi policies in the 1930s and ‘40s, enacting the “highest form of patriotism?”

Continue reading →

Morning Ethics Warm-Up, 1/22/2018: The Returns Of A Terrible Idea, A Times Mania, And Lord Acton’s Observation

/ Jack Marshall / 68 Comments

Morning!

1. Bad Ideas Never Die Dept. The Obama Administration  killed an unethical Bush Administration rule that permitted a wide variety of health care workers to refuse to administer treatments and procedures they found morally repugnant, what the Bush administration termed workers’ “right of conscience.” It was, and is, a terrible idea; The American Medical Association  explained why, in the context of opposing conscience outs for pharmacists, when it declared..

“RESOLVED, That our American Medical Association reaffirm our policies supporting responsibility to the patient as paramount in all situations and the principle of access to medical care for all people (Reaffirm HOD Policy)…

Now that bad idea and the same ethically warped principles are embodied in a new Trump administration policy that provides “religious freedom protections” for doctors, nurses and other health care workers who object to performing procedures like abortions and gender reassignment surgery. This is a sop to the Republican evangelical base. As I wrote here (actually partially quoting myself from an earlier article),

“Conscience clauses” came into being in the wake of the Supreme Court’s Roe v. Wade opinion legalizing abortion. Obviously that right to privacy ruling put Catholic hospitals in a difficult position, so the U.S. Congress passed the Church amendment (named after Sen. Frank Church of Idaho) in 1973. This provision allowed individual health care providers and institutions such as hospitals to refuse to provide abortion and sterilization services, based on moral or religious convictions. Most states adopted their own “conscience clause” laws by 1978. Conscience clauses are a terrible idea that encourage arbitrary professional misconduct. It is an example of how morally-based action can lead to unethical conduct….People who voluntarily undertake the duties of a job should either be prepared to fulfill those duties, take the consequences of not doing so, or not take the job in the first place.That is the ethical duty that one accepts when one agrees to do a job. “

President Trump doesn’t do ethics, and not being a deep thinker,  inconsistencies of principle don’t resister on him. The reason for requiring health care workers to perform their jobs regardless of whether some portion of it clashes with their religious beliefs, moral conviction, political passions or gag reflex is the same whether a doctor objects to abortions, a baker doesn’t approve of gay marriage , a restaurant owner doesn’t want to serve blacks, Hispanics, or Republicans, or an NFL football player is offended by the National Anthem. Society doesn’t work any other way. The religious freedom dodge easily turns into a cover for bigotry, harassment and oppression.

Nothing in the Constitution says that citizens have the right to hurt people when they practice their religion, or defy our laws, or refuse to perform the duties of their professions or employment while still getting paid because they cite religious conscience.

2. I Told You Not To Look Under That Rock! Dept. For some reason, I broke my own rule and skimmed a Paul Krugman column. What was I thinking? What is so digsuting about Krugman is his intellectual dishonesty, as he writes down to his readers using rhetorical tricks, rationalizations and lazy arguments that are 90% political bias and 10% substance at best. Here was the sentence that exploded my head,  stopped me from reading, as Krugman twisted reality to hold Republicans responsible for the government shutdown that was 100% caused by Senate Democrats blocking the continuing resolution to keep the government open:

“Protecting the Dreamers is, by the way, enormously popular, even among Republicans, who oppose deporting them by a huge margin. So it’s not as if the G.O.P. would be giving up a lot.”

So, as long as a provision is popular with its base, a party isn’t “giving up a lot” by supporting it—regardless of whether it is responsible, fair, smart, principled, or in the best interest of the country. Got it, Paul. This is the lowest common denominator theory of democracy being peddled to New York Times reader by its Nobel Prize-winning columnist: legislation by poll. Continue reading →

The Slippery Slope: From Cyber-Zombie Peter Cushing To Hologram Zombie Maria Callas

/ Jack Marshall / 20 Comments

“We don’t have to pay her, and she can do a hundred shows a week!”

Thanks to the creation of a hologram clone, opera legend Maria Callas,  dead since 1977, appeared onstage at Lincoln Center last week. This is the continuation of a project that previously resurrected such departed stars as Tupac Shakur and Michael Jackson. Roy Orbison, who died in 1988, appeared after Callas. I wonder if he sang, “Pretty Hologram”?

I see where this is going, don’t you? We’re heading straight to “Looker,” the science fiction film directed and written by the late Michael Crichton (“Jurassic Park,”“Westworld,” Disclosure,” “ER,”—How I miss him!).  In that prescient 1981 movie, an evil  corporation transferred the images of living models to a computer program that could use then make the new CGI versions to do and say anything, and do so more effectively and attractively than the living models themselves, in television ads and even in live appearances via hologram. Then the company had the models killed.

In the New York Times review of singing Zombie Callas, the little matter of ethics never was mentioned.  Times critic Anthony Tomassini was not very critical, writing in part,

…[T]here is an amazing video of [Callas]  in Act II of Puccini’s “Tosca” in 1964. But no full operas by one of the greatest singing actresses in history; this hologram performance can seem to fill in a bit of that gap. The operatic voice, and the art form itself, can feel so fragile. What better way to represent that fragility — while also reviving it, in a kind of séance — than a hologram?…In introductory comments, [the director] said that the project has tried to present Callas with “restraint, subtlety and delicacy.” The notion of a singing hologram might seem incompatible with such a goal. Yet moments during Sunday’s preview were surprisingly affecting…The problem, as it always has been in opera fandom, will be if this specter from the past prevents a full appreciation of the vitality of opera and singing today. 

That’s the problem, is it? No, the problem is the same ethical problem I had with regenerating the deceased actor Peter Cushing in “Rogue One”: Continue reading →

Morning Ethics Warm-Up: 1/18/2018: Enemies Of The People [UPDATED]

/ Jack Marshall / 81 Comments

Good Morning!

I can say “good morning,” can’t I? Can I tweet it? Is it moderate enough?

About calling the news media “the enemy of the people”...Foolishly, people are cheering Senator Jeff Flake’s dishonest and cheap characterization of President Trump’s description of the news media as “words infamously spoken by Josef Stalin to describe his enemies.” They were also words used by playwright Henrik Ibsen about 70 years before Stalin used them.  The device of finding the most revolting person ever to use a phrase and then connect a current speaker to that person is an unethical abuse of the cognitive dissonance scale, and as low a political tactic as I can think of right now, but I’m sure “the resistance” will come up with a lower one.

Flake’s entire speech was below the belt demagoguery. By what measure, for example, is a Presidential aide’s ad lib comment on cable TV about “alternative facts” “enshrining “alternative facts” into the American lexicon.” The news media did the enshrining, Senator. The White House never mentioned the term, not even once. “2017 was a year which saw the truth — objective, empirical, evidence-based truth — more battered and abused than any other in the history of our country, at the hands of the most powerful figure in our government” is simply a lie. 2017 was a year which saw the truth battered and abused by the one profession whose job and duty it is not to abuse the truth: journalists. Worse, the did much of it to create fear, disrespect and distrust of the elected President of the United States, because they wanted someone else to win.

Flake reminds us that the press is protected by the Constitution, and he seems to believe, as the news media does, that this special status that they abuse daily, hourly, by the minute, should insulate them from deserved criticism and distrust no matter how they misinform and the degree of harm they do in the process. Let’s take just a single cable anchor: Chris Cuomo. He told the public that they could not legally read the Wikileaks leaks, but the news media could. He tweeted that “hate speech” was not protected by the First Amendment. He sid last week that the President’s alleged use of “shithole” irresponsibly polluted the minds of children, when if he spoke that word at all, he spoke it behind closed doors, with the understanding that he was dealing with responsible professionals who would not intentionally breach their implied promise that the meeting was private and confidential. Those are three flagrant examples of journalism malpractice, and off the top of my head. If I chose to, I could find dozens more, and that’s only one “respected journalist.”

The resistance to the President’s description is in some cases denial, and in more cases a deliberate deception to allow wrongdoing to continue. I am cross-posting the following from my comments today on another post: Continue reading →

Harvard’s Female Students: ‘Wait, That Ban OnThe Freedom Of Association Off Campus Wasn’t Just For Men? Outrageous!’

/ Jack Marshall / 47 Comments

Back in 2016, Harvard University President Drew Faust sent an email to undergraduate students and the Harvard community,  announcing that beginning with the 2017 entering class, undergraduate members of unrecognized single-gender social organizations (called “fraternities and sororities” at normal colleges)  would  be banned from holding athletic team captaincies and leadership positions in all recognized student groups. They would also be ineligible for College endorsement for top fellowships like the Rhodes and Marshall scholarships. I wrote in part,

Let us be clear what Harvard is trying to do here. It is seeking to punish students for their associations and activities unrelated to the school itself, and using its power within the limits of the campus to indoctrinate ideological values and require conduct that is unrelated to education. This is a rejection of the principle of freedom of association, one of those enumerated rights protected by the Ninth Amendment of the Bill of Rights, and a cornerstone of American principles. If the college can, in effect, create a blacklist withholding institutional honors from those who choose to belong to an all male or all female club completely distinct from the university, what clearly delineated line prevents the same institution from declaring that membership in the Republican Party, Occupy Wall Street, Americans For Trump or the NAACP are similarly undermining its values?

There is no such line.

But the policy went forward. Then, last July, a Harvard University task force advised banning students from joining any “fraternities, sororities, and similar organizations” as part of a process to phase out the social groups entirely by 2022. The recommendation was not adopted. Now, three sororities (remember, these are off-campus organizations not officially affiliated with Harvard) announced that they will still  recruit freshman women next semester.

“This is the spirit in which Alpha Phi, Delta Gamma, and Kappa Alpha Theta were established during the early 1870s,” the sororities said in their joint statement, titled, “We Believe Women Should Make Their Own Choices.”

Ah! The magic word “choice”!

Your move, President Faust! Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 1/14/18: Comfort Women…”

/ Jack Marshall / 7 Comments

Sam Halverson’s 6th comment to Ethics Alarms is a Comment of the Day, and a fascinating one. It comes in response to Item #2 in the 1/14/18 Warm-up, which involved the seemingly endless argument between South Korea and Japan over the Korean women forced be sex slaves by their Japanese captors during World War II. One of the pleasure of operating this blog is that its readers teach me so much. This is a prime example.

Here is the Comment of the Day by Sam Halverson on the post, Morning Ethics Warm-Up, 1/14/18: Comfort Women, Presidential Health Lies, Pit Bulls And No “Goodbye Columbus”…Yet

Let start this comment by saying; this is not what it looks like.

My dog (a mutt, maybe a little bull terrier, who knows?) is not in this fight between Japan and the Republic of Korea. To categorize it as a fight probably isn’t correct either as the facts have been settled and there has obviously been a huge evil committed by Japan against the people of Korea, one I am not writing this to convince anyone of anything but rather to inform people of something they may not of known before hand. Whataboutism this is not, anger, disgust and a bit of shame it is.

Everyone loves a hypocrite; watching someone fall always delight the side of us that craves spectacle and someone who betrays themselves only raises the precipice higher. Which is why I want to talk about the massive human trafficking problem that goes on in The Republic of Korea.

The Korean people are polite. They do not talk about scandalous things in public, not with strangers and definitely not with foreigners. They would rather ignore a problem in their polite society than admit it exists. Getting an average South Korean to self criticize the culture is like pulling teeth and just as likely to end in blood loss.

For example, it is a blatantly open secret that while prostitution is illegal (as well as pornography) in Korea, it is rampant. There are literal whorehouses that display their wares in the open on the street behind pink curtains and glass walls, police walk by without comment. These are known as “glass houses” and the implied metaphor for the country is apt.

While the Korean government is chastising the Japanese for refusing to apologize for atrocities committed over half a century ago, they are practicing the very same evils today.

Every year an unknown number of women are forced into prostitution and domestic servitude on a country that is rated as a TIER I nation on the U.S. Office to Monitor and Combat Trafficking in Persons, TIER I being reserved that nation’s that comply with international laws on human trafficking.

I wonder if South Korea is afforded leniency because of it’s strategic position in advancing US interests in the region, a reclassification would bring sanctions and weaken US Korean relations. I can personally tell you that that status is crap, unlike the US where human trafficking is hidden behind closed doors there it is as mentioned visible from the street.

How do I know? I was stationed at Camp Hovey, South Korea for a period of one year while serving in the army as an 11B. It’s a smaller camp connected to Camp Casey which is one of the largest and furthest north of the primary American installations. I was stationed there in 2010 and witnessed this with my own eyes. Comfort women still exist, but they are being sold willingly by the Korean public to friends not Invaders. Continue reading →