Comment of the Day: “The Ethics of Bloomberg’s Soft Drink Ban”

Peter, who is a physician, a libertarian, and one of my oldest friends (we met in the 6th grade) from Arlington, Massachusetts, generously responded to my request for his professional expertise and philosophical perspective regarding the New York City soda ban.  Here is his thoughtful response, the Comment of the Day, on the post The Ethics of Bloomberg’s Soft Drink Ban: 

“It has become a reflex response to answer adverse circumstances with more regulation. To a lawyer, there is always a law, or regulation for any and every misstep in human behavior. Of course, we forget that we cannot predict the unintended consequences, not even to mention reviewing the effects of the laws we pass to determine if they are even having the INTENDED effect. Somehow, we believe that it is appropriate to pass laws to deny other people’s freedoms due to the “discomfort” of whiny types who have the connections and persistence to keep whining until they can get someone to pass a law. The consequence of such legislation’s continued passage, at ever more confiscatory levels of our liberties, is that we are legislating our way into a police state, and the widespread acceptance of the idea that it’s OK to deny personal liberty because it makes someone else “uncomfortable.” Again, as RR so aptly pointed out, “the government that is big enough to give you everything you want, is big enough to take away everything you have.” And this goes for not just your personal assets, but your freedoms as well.

“That said, in this context, yes, drinking lots of sugary sodas will make you fat, smoking will kill you, too much alcohol will kill you, doing extreme sports can kill you, and so on. And as long as one’s decisions affect only himself, have at it. However, when you want me to pay, through my insurance premiums, and my taxes, for the consequences of your stupidity, you cede the sovereignty of your decision to others beside yourself. If you want to ride your motorcycle without a helmet, while drunk, sure, do it. Just don’t expect me to pay the costs of your head injury. Continue reading →

The Ethics of Bloomberg’s Soft Drink Ban

“It’s a serious problem.”

“Something needs to be done.”

“This is a public health issue.”

The media defenses of New York Mayor Bloomberg’s controversial decision to ban the sale of large soft drink servings in New York City, and Bloomberg’s defense as well, set up a classic utilitarian argument for a government intrusion into personal choice and lifestyle. It is, simply, that the ends justify the means, and as we all know, sometimes they do.

Sometimes, however, those means sacrifice too much: lives, dignity, fairness, liberty, fun. Sometimes employing those means require crossing lines that have not been crossed before, opening the door to more and greater sacrifices that even advocates of the particular measure would find objectionable and wrong. This leads to the slippery slope dilemma, and invokes absolutism. Some things must never be considered as just means, no matter what the ends being sought may be. Immanuel Kant’s philosophy of absolutism declared that it was always wrong to use human beings against their wills to solve problems, no matter how great the problems are. The Declaration of Independence holds that a human being’s rights to life, liberty and the pursuit of happiness must never be breached by government. Continue reading →

Executing an Insane Killer: a Cynical Ethics Controversy

Let’s me get this straight: this is only a “macabre spectacle” if the guy strapped down to be poisoned isn’t crazy. Right?

In the case of Steven Staley, Texas has itself one of those periodic ethical/legal conundrums surrounding capital punishment that leave me feeling  cynical, puzzled, and worried that I am missing an important part of my compassion apparatus.

Staley’s problem, or his perhaps stroke of luck, is that he is a little more crazy now than he was when he committed the crimes that placed him on death row. In September 1989, Staley escaped from a Denver prison  and started robbing everything he encountered, looting nine businesses across four states. Finally he hit the Steak and Ale Restaurant in Tarrant County, Texas. Staley and his accomplices gathered the employees at gunpoint and forced the manager to hand over the contents of all the registers and the store safe. He then took the manager into the getaway car as a hostage, and executed him as Staley tried to elude the police. Continue reading →

On Tolerance, Religious Freedom, and “Ain’t No Homos Gonna Make It To Heaven”

It is generally true, as the indignant members of Greensburg, Indiana’s Apostolic Truth Tabernacle Church say, that what they include in their church’s services is nobody’s business, and the fact that the congregation loudly applauded the horrific spectacle of a 3-year-old boy singing the hate anthem, “Ain’t no homos gonna make it to heaven!”would have never bothered a soul if it hadn’t been videorecorded and placed on YouTube. At this point, however, that no longer matters. The cat is out of the bag, the horse has left the barn and the beans are spilled, and now millions of Americans know that this church teaches hate, indoctrinates young and vulnerable children with its poison, and sows the seeds of prejudice and the active deprivation of American citizens of their rights to life, liberty and the pursuit of happiness. Since millions of people know this now, a critical number of them will go out of their way to make life in this country a living hell for members of that church and the church itself by demonstrating at every turn that we don’t want churches like that in America, or people like that in America. They aren’t good for society, they cause positive harm without any compensating benefits, and they need to change their ways or suffer the consequences. And to that I say: Good. Go to it. Continue reading →

How To Make A Wanetta Gibson

Reader Fred Davison sent me this video of two teenage girls being interviewed by a Florida TV reporter regarding their theft of a 9 year-old Girl Scout’s proceeds from the sale of cookies. If it went viral in 2009, I missed it; if it didn’t, it should have. And although the crime is old news, it is an enduring warning, and a current cause for alarm:

Those who wonder how a young girl like Wanetta Gibson could have casually fingered an innocent boy with who she had been necking in a school corridor and sent him to jail for rape can get some of their answers from the two frightening creatures shown in the video. They have no comprehension of right and wrong. Their parents obviously couldn’t imbue them with any values, and their teachers, if they mentioned ethics at all, did it so fleetingly, ineptly or incoherently that it made no impression at all. They obviously have never been influenced by any church, religion or moral code. They lack empathy, respect for others, regard for fairness or justice, and most of all, shame. Continue reading →

Reporting the Confessed Killer in Your Midst: An Ethical Dilemma That Isn’t

Pedro Hernandez, now under arrest for the murder of Etan Patz, the  6-year-old boy whose 1979 murder was a national mystery, confessed that he had strangled the child just a few years later to his prayer group at St. Anthony of Padua, a Catholic church in Camden, New Jersey.  No one, including Hernandez’s relatives who learned of his confession and the prayer group leader, reported the confession to authorities.

Hernandez’s sister, Milagros Hernandez, confessed what she described as a “family secret” to a reporter for the New York Daily News over the weekend, setting off “What would you do?” internet polls and blog posts, as if there was any question about the proper conduct for a family member or church group member who hears a murder confession. There is no question.  You report it. There are no debate issues, no competing considerations, no claims of loyalty or confidentiality.  It isn’t a Golden Rule dilemma, as in “Would I want someone to report me if I confessed to him in confidence that he had strangled a little boy?”  It isn’t a dilemma at all. There is only one right thing to do, and if you think otherwise, you missed a couple of key meetings when the ethics were being handed out. Continue reading →

The Ethics Verdict on the Chris Hayes Apology

To be fair, while Chris Hayes is ill-informed, ungrateful and arrogant, at least he’s incoherent.

As anyone could have predicted, MSNBC host Chris Hayes had to issue an apology after his fatuous and inarticulate comments about Memorial Day. If you were lucky enough to miss them, here they are:

“I think it’s interesting because I think it is very difficult to talk about the war dead and the fallen without invoking valor, without invoking the words “heroes.” Why do I feel so [uncomfortable] about the word “hero”? I feel comfortable — uncomfortable — about the word because it seems to me that it is so rhetorically proximate to justifications for more war. Um, and, I don’t want to obviously desecrate or disrespect memory of anyone that’s fallen, and obviously there are individual circumstances in which there is genuine, tremendous heroism: hail of gunfire, rescuing fellow soldiers and things like that. But it seems to me that we marshal this word in a way that is problematic. But maybe I’m wrong about that.’

With so many interesting, thoughtful, perceptive and provocative statements being written and uttered every day that vanish forever, never to be repeated or published, it is cruel irony to confer immortality on cretinism like that, but I digress. My commentary on Hayes’ statement is here. His apology was pre-ordained, because he insulted so many, so deeply, so pointlessly and so arrogantly, at the worst possible time, that a national outcry was guaranteed, and the eventual directive, “Apologize or pack!” from his MSNBC overlords was a forgone conclusion.

As forced apologies go, how did Hayes’ rank? Continue reading →

Is It Fair For A Business To Discriminate Against the Homely?

 

Take your pick!

The EEOC is investigating a popular Boston area coffee shop chain, alleging that it discriminates in favor of attractive young waitresses to the detriment of older or more homely waitresses. The management of Marylou’s disputes the accusation, arguing that its hiring pool is disproportionately young and attractive.

I don’t want to get into the actual guilt or innocence here, but rather muse about the ethical issue. Should there be laws preventing employers from using attractiveness as a criteria in hiring, if it is relevant to the success of the business, or even if it is not? If a coffee shop owner’s patrons are overwhelmingly male, and the owner believes that having waitresses who look good in a starched uniform makes the customers happy and more likely to spend their money, why should the law prevent that? Is there anything really wrong with the conduct? Continue reading →

Ethics Quote of the Week: Michael Fumento

“As a conservative, I disagree with the political opinions of liberals. But to me, a verbal assault indicates insecurity and weakness on the part of the assaulter, as in “Is that the best they can do?” This playground bullying – the name-calling, the screaming, the horrible accusations – all are intended to stifle debate, the very lifeblood of a democracy.”

—-Michael Fumento, writing powerfully in Salon about the increasingly viscous rhetoric of too many conservatives, and how it has left him estranged from his own political philosophy.

He writes,

“Civility and respect for order – nay, demand for order – have always been tenets of conservatism. The most prominent work of history’s most prominent conservative, Edmund Burke, was a reaction to the anger and hatred that swept France during the revolution. It would eventually rip the country apart and plunge all of Europe into decades of war. Such is the rotted fruit of mass-produced hate and rage. Burke, not incidentally, was a true Tea Party supporter, risking everything as a member of Parliament to support the rebellion in the United States.

“All of today’s right-wing darlings got there by mastering what Burke feared most: screaming “J’accuse! J’accuse!” Turning people against each other. Taking seeds of fear, anger and hatred and planting them to grow a new crop.”

You can read his whole essay, “My break with the extreme right” in Salon, here.

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Pointer: Volokh Conspiracy

Source: Salon

Graphic: Sleepless heretic

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Memorial Day Ethics Dunce: MSNBC Host Chris Hayes

My hero.

Yesterday, the day before Memorial Day, MSNBC host Chris Hayes said this:

“Thinking today and observing Memorial Day, that’ll be happening tomorrow.  Just talked with Lt. Col. Steve Burke , who was a casualty officer with the Marines and had to tell people [inaudible].  Um, I, I, ah, back sorry, um, I think it’s interesting because I think it is very difficult to talk about the war dead and the fallen without invoking valor, without invoking the words “heroes.” Um, and, ah, ah, why do I feel so comfortable  about the word “hero”?  I feel comfortable, ah, uncomfortable, about the word because it seems to me that it is so rhetorically proximate to justifications for more war. Um, and, I don’t want to obviously desecrate or disrespect memory of anyone that’s fallen, and obviously there are individual circumstances in which there is genuine, tremendous heroism: hail of gunfire, rescuing fellow soldiers and things like that. But it seems to me that we marshal this word in a way that is problematic. But maybe I’m wrong about that.”

   Well, yes, Chris, you’re wrong about quite a lot.

Chris was wrong, for example—as well as disingenuous—to say that “you don’t want to obviously desecrate or disrespect memory of anyone that’s fallen” and then come out with this insulting and fatuous gibberish that disrespect the memories of the fallen. And to do it on the very weekend when millions of families across the nation are honoring their fallen, or, in the case of my family, a father who braved combat in World War II, was wounded, decorated, and regarded his service in defense of his country the greatest achievement of his life.

Hayes was also wrong, as well as incompetent and unprofessional, to utter such a half-baked and incoherent opinion without having the respect to think it through carefully, express it articulately, and in general without meeting his obligations as a broadcaster to be worth listening to. If a commentator is going to make a statement that he knows will offend and upset grieving families, he should at least know what he wants to say and have the skill and courage to say it clearly. As it was, all he managed to do was to make a gratuitous slur against patriots who put their lives at risk because their nation asked them to, instead of taking morally craven positions from the security of a TV studio that only exists because of the sacrifices such heroes made. Continue reading →