The Ethically Messy, Legally Muddled, Drone Killing of Anwar al-Awlaki

Ah, those were the good old days: when warfare was simple, fair, brutal and stupid!

The C.I.A. drone killing of Anwar al-Awlaki, an American citizen who was also an Al Qaeda leader, is raising multiple ethical controversies that pollute each other,  making ethical coherence all but impossible.

The issues:

  • The target was an American citizen. Whatever his crimes, shouldn’t he have the right to a trial before being summarily executed?
  • There is no conclusive proof that he actually did anything that resulted in violence against Americans, or posed an imminent threat to national security. Was he targeted for his words, rather than his conduct? How can it be legal or ethical for the U.S. to target a citizen for death because of his political views?
  • The United States has officially forsworn assassination as a military or intelligence tactic. Yet this appears to have been one.
  •   Yemen is not a field of combat, and there was no imminent threat to human life creating an exigency to require U.S. forces to target someone there, whether he was a citizen or not.

Perry, Insomnia, Leadership, and the Death Penalty

When should a leader lose sleep over a decision?

A lot of ink has been spilled over NBC’s Brian Williams’ question to Rick Perry regarding the death penalty, the Republican candidates debate audience’s strange reaction to it, and Perry’s response. Conservatives see Williams’ question—“Your state has executed 234 death row inmates, more than any other governor in modern times. Have you struggled to sleep at night with the idea that any one of those might have been innocent?”—as a loaded query by a biased questioner who is pressing the progressive anti-death penalty agenda. Liberals see Perry’s answer as proof-positive that he is an unthinking, unfeeling, blood-thirsty monster. Continue reading

Flying the Confederate Flag: Protected Speech? Of Course. Unethical? Absolutely.

Honor them for their valor if you must, but there was nothing honorable about their cause or their flag.

Once again, emerging from under-ground like a the seven-year locust, a controversy over the flying of the Confederate Flag is raging, this time in Lexington, Virginia, burial place of two Confederate heroes, Stonewall Jackson and Robert E. Lee. A proposed city ordinance would prohibit the flying of the Confederate banner on downtown poles, and some Southern heritage buffs as well as Jackson and Lee fans are upset. “By all means [Jackson and Lee] should be honored,” said Brandon Dorsey, commander of Camp 1296 of the Stonewall Brigade of the Confederate Veterans. “I look at the flag as honoring the veterans.”

The problem is, Brandon, that a large number of Americans look at that same flag as honoring slavery and racism, and for good and historical reasons. Continue reading

Richard Cohen, National Interests, and the Ethical Duties of the US to the World

There used to be no columnist who infuriated me more consistently than Richard Cohen. Those were the hazy, golden days before I discovered E.J. Dionne, Paul Krugman and Harold Mayerson, however, whose rigid ideology virtually precludes objective analysis. Cohen isn’t biased, he’s just wrong more often than not. But he is also capable of bursts of moral and ethical clarity. Today was an example, as he took on the isolationist voices on the left and the right that make up a large component, if not the majority, of our elected leadership today.

Cohen begins by recounting a section from  Erik Larson ‘s book,“In the Garden of the Beasts,” about how the American foreign policy establishment in the Thirties resisted efforts by William Dodd, then ambassador to Germany, to protest the Hitler government’s increasing persecution of Jews. Humanity, and the U.S., paid a steep price for its inward-turning perspective after World War I, as we abdicated our traditional role as defender of liberty, freedom, democracy and human rights on the world stage. Continue reading

Ethics, History, and Robert Redford’s “The Conspirator”

James McAvoy as Frederick Aiken, a Civil War era Ethics Hero you've never heard of.

Throughout Hollywood history, there have been actors who regularly used their screen personas to explore ethical issues: Henry Fonda, Glenn Ford, Paul Newman, John Wayne of course, Clint Eastwood, and recently, George Clooney. None of these focused their artistic attentions on ethics more sharply than Robert Redford, however, in such films as “All the President’s Men,” “The Candidate,” “The Proposition,” and “The Natural,” and he has continues his exploration of ethics as a director, in such films as “The Milagro Beanfield War” and “Quiz Show.”

Redford’s most recent film, “The Conspirator,” is another ethics movie, as well as one that explores law and American history. I am a Lincoln assassination buff, and I was eager to see the movie until I read several reviews criticizing it as a heavy-handed allegory attacking the Bush administration’s response to 9/11. Score one for the confirmation bias trap: the movie is nothing of the kind. Continue reading

As the Cancer of Corruption Spreads, a Diagnosis and Treatment

A sign in Africa, which corruption continues to ravage. We ignore its warning at our peril.

Last week, three more disheartening cheating scandals were in the spotlight, in completely separate areas of our society: legal education, the military, and college sports. The signs that the cancer of corruption is spreading through America’s culture with increasing speed are frightening, but being frightened isn’t constructive. Working to eradicate the cancer is. Last week’s revelations:

  • The American Bar Association publicly admonished Villanova Law School for a pattern of misrepresenting—inflating—GPAs and LSATs of its applicants and admitted students in order to receive a higher ranking, which in turn would attract more and better applicants. The scandal broke in June, and the ABA was lenient, stating that the school had reported its own misconduct (the responsible parties had been discovered and dismissed). Is Villanova alone, or is it just the first law school in this increasingly competitive environment to get caught? If a law school cheats, what kind of lawyers will it produce? Continue reading

American Lessons from the English Riots

I am going to refrain from joining the ranks of amateur psychologists trying to identify the “root cause” of the English riots. People of any age or economic status who riot are, it is fair to say, assholes, like lesser social miscreants such as vandals, computer virus inventors, Leroy Fick and Pastor Terry Jones. If I were convinced that these riots were in response to necessary government cutbacks in social programs, I would have something arguably useful to say, but that doesn’t seem to be the case.

There is no question, however, that in allowing the riots to go on so long and harm so many citizens, businesses and homes, the British government has failed one of its most basic duties. Great Britain has been the anti-gun zealot’s Nirvana for a long time: not only can’t citizens own guns for their personal protection, neither can the police. That can work, if the culture is reliably non-violent, and if social and community institutions do a good job making sure that the culture of non-violence is strong, self-reenforced, and deep.

Well, it isn’t, is it?

Continue reading

Ethics Dunce, Ethics Hero: Name Calling and One-Way Civility On the Left

John Boehner was just like this during debt ceiling negotiations. Well, sort-of. OK, he really wasn't like this at all, but I don't like him, so it's not uncivil for me to say he was.

The popular Democratic, progressive, liberal and news media (I know I’m being redundant here) slur for the Republican House and its Tea Party warriors during and after the budget ceiling debate was “terrorists,” suggesting an analogy between the GOP insisting on major expenditure cuts in the budget as a condition for raising the debt ceiling, and political and religious extremists who threaten to kill people if they don’t get their way. Needless to say, it’s a disgraceful, dishonest, illogical and slanderous comparison. Whether the GOP’s negotiating stance was fair, reasonable or right can be debated; that the intent of the strategy was to strengthen the nation’s financial health is not.

To many of the Republicans involved, incurring more debt without a guarantee of serious deficit and debt reduction in the future was more dangerous than allowing the nation to default on its obligations. Add to that the fact that many in the Tea Party  leadership believe that the consequences of not raising the debt ceiling was overblown, and it is clear: the Republicans were using their control over the immediate fate of something progressives  wanted more than conservatives as a bargaining chip in a political disagreement. It may have been irresponsible; it may have been a risk; it may have been a bluff. But it was not terrorism. It was politics. Hardball politics no doubt, but well within accepted standards

Oh, I forgot: there is another reason the Republicans weren’t acting like terrorists. They weren’t threatening to kill anybody, and they didn’t kill anybody. Continue reading

Robert E. Lee and the Abuse of Principle

Lee: Use his life as a warning, not an inspiration.

As both political parties and the President of the United States seem to be determined to subject the American people, economy and standing in the world to disaster in the defense of principles, it might be a good time to reflect on the fact that principles detached from reality have little value, and that rigidly adhering to principles to the detriment of the community and civilization is not a virtue.

In the current issue of Humanities, historian James Cobb makes these points vividly, if tangentially, while reflecting on the odd reverence with which Americans, and not just Southerners, regard Robert E. Lee. I am proud to say that the lionization of Lee never made sense to me, not even when I was a small boy. But he is the epitome of someone who is revered as a role model and hero for his supposed character and values rather than what he actually did with them.*

Cobb begins his essay with this anecdote:  Continue reading

Unethical Quote of the Week: WSJ Blogger James Taranto

This werewolf attack on Nazi soldiers doesn't weaken the case that Sen. Kerry didn't deserve his medals.

Alternate title:  “Smearing John Kerry”, Part II. The quote:

“The Swift Boat Veterans for Truth disputed whether John Kerry deserved some of his five medals. A large part of Kerry’s defense was an appeal to the authority of veterans who supported him–one of whom has now been revealed to have received a medal he doesn’t deserve. This doesn’t prove the Kerry detractors were right, but it certainly doesn’t weaken their case.”

—James Taranto, the usually astute and witty author of the conservative Wall Street Journal blog, “Best of the Web.” He is referring to the child porn conviction and retraction of the Silver Star of  Wade Sanders, who rose to Sen. Kerry’s defense during his 2004 race against President Bush, when The Swiftboat Veterans for Truth claimed that Kerry had lied about his war record.

A pure slime-job, this…well beneath Taranto’s standards, though he does dip low now and then, and as reprehensible an example of attack by unfair innuendo as you are likely to find, from McCarthy to Olbermann to Beck.

“It certainly doesn’t weaken their case.” No, because it has absolutely nothing to do with their case (which was weak and unfair to begin with), and since Taranto is undoubtedly smart enough to know that, this sentence, and the post containing it, was only written to suggest otherwise. Let’s see…what else “doesn’t weaken” the case of those who claim that the honors bestowed on Kerry for wartime valor by the United States of America were undeserved? Hmmm. We have… Continue reading