American ideals

Unethical Quote of the Week: Dick Cheney

/ Jack Marshall / 37 Comments
Hello, I'll be your torturer today. Now, if you are innocent, please understand, on balance this works.

Hello, my name is Skug, and I’ll be your torturer today. Now, if you are innocent, please understand, on balance this works.

“I’m more concerned with bad guys who got out and released than I am with a few that, in fact, were innocent.”

—Former V.P. Dick Cheney, giving his reactions on “Meet the Press” regarding the Senate’s critique of the Bush Administration and the CIA’s interrogation methods.

I try to be fair to Dick Cheney, whose character has been distorted beyond all recognition by his partisan foes. Sunday, however, he was apparently attempting to validate all the most terrible things anyone has said about him, as well as providing future students of ethics real life examples of ethical fallacies.

The one quoted above is the pip: so much for the jurisprudential principle that “It is better that ten guilty persons escape, than that one innocent suffer.”   Chuck Todd reminded Cheney that 25% of those detained were apparently innocent. The Cheney variation: “It is OK if some innocent persons are unjustly punished as long as the bad guys get what they deserve.”

It is hard to pick the most unethical assertion, however; there are so many horrible statements to choose from. Such as: Continue reading →

Comment of the Day: Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.”

/ Jack Marshall / 24 Comments

How did we end up discussing torture on Christmas Eve?

Sorry about that.

timebombHere is a stimulating comment by Zoebrain in the “Zero Dark Thirty” torture thread. I’m especially fond of it, because as theoretical and probably impossible as her resolution would be in practice, it neatly addresses the central problem conflict in the “torture is an absolute wrong but you might have to use it to save the world” scenarios, like the familiar “ticking bomb” hypothetical.  In her analysis. one violates the absolute rule, but accepts a proportional penalty for doing so.

I advocate a similar approach in legal ethics in situations where a lawyer decides as a matter of personal conscience that he or she must violate core legal ethics values, like keeping the confidences of a client, in furtherance of a higher objective not recognized be the Rules of Professional Conduct, such as keeping a serial killer from going free.

Here is Zoebrain’s Comment of the Day on the post, Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.” Continue reading →

Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.”

/ Jack Marshall / 36 Comments
It's all for the best.

It’s all for the best.

The last time my friend “Ethics Bob” Stone blogged about ethics, it was way back in August, and he was writing about some guy named “Romney.” Now he’s back on the job, thank goodness, with a comeback post titled “Zero Dark Thirty: Did torture lead us to Osama bin Laden?”. And he’s ticking me off.

“Zero Dark Thirty” is Hollywood’s treatment of the search, apprehension and execution of Osama Bin Laden. The film suggest that methods of torture were employed by the CIA to uncover crucial intelligence that led to the terrorist mastermind’s demise. Torture opponents, including some U.S. Senators, are alarmed by this, and disputing the film’s account. (Imagine that: a movie that misrepresents history!) Meanwhile, conservatives, neocons, Bush administration bitter-enders, talk radio hosts and admirers of Dr. Fu Manchu and James Bond villains are citing the film as confirmation that they were right all along: torture is a wonderful thing.

I am puzzled that Bob got in the middle of this debate as an ethicist. “It worked!” and “It came out all right in the end!” are not valid ethical arguments or justifications. The first is an embrace of a pure “the ends justify the means” rationale, a favorite tool of Auric Goldfinger and Dr. No. The other is consequentialism. When ethicists and principled opponents of torture allow the issue to be adjudicated on this basis, they are surrendering their principles at the outset. “Torture doesn’t work” is a pragmatic argument, not an ethical one. If the societal consensus regarding torture is going to be determined by how much we can benefit by returning to the rack and wheel, then ethical considerations have already been jettisoned. Continue reading →

Exceptionalism and the United States of America’s Grand Ethical Dilemma

/ Jack Marshall / 7 Comments

Today’s morning headlines were full of violence in Syria, Bahrain, Libya, and the threat of new conflict in Egypt, as popular uprisings against entrenched dictatorships continue to grow. As the U.S. tries to somehow avoid a lead role in the international intervention in Libya, the question looms regarding its responsibility to other nations whose people yearn to be free—or at least freer. As important as what America ultimately decides to do will be for the futures of these nations, the U.S. economy, and foreign relations, something far more important is at stake. These difficult choices once again challenge the United States to affirm or reject its ideals, the very essence of what has made America what it is.

We have come to these crossroads four times before. Continue reading →

“True Grit” Ethics

/ Jack Marshall / 15 Comments

I haven’t seen the remake of “True Grit,” but I know I will, and like many other fans of the original 1969 version, I’m trying to conquer my biases. The latest effort by the usually brilliant Coen brothers creates ethical conflicts for me, and I am hoping I can resolve them right now. Can I be fair to their work, while being loyal to a film that is important to me for many reasons?

The original, 1969 “True Grit” won John Wayne his only Oscar for his self-mocking portrayal of fat, seedy law man Rooster Cogburn, 

who is hired by a young girl to track down her father’s murderer. I love the film; I saw it on the big screen nine times, in fact. Remaking it with anyone else in the starring role feels like an insult, somehow, as if the Duke’s version was somehow inadequate.

Intellectually, I know that’s nonsense. Artists have a right to revisit classic stories and put their personal stamp on them, and they should be encouraged to do it. Every new version of a good story, if done well, will discover some unmined treasure in the material. Why discourage the exploration? Continue reading →

Bush’s Torture Admission, Absolutism, and America’s Survival

/ Jack Marshall / 12 Comments

George W. Bush, currently hawking his memoirs, has admitted in the new book and in interviews about it that yes indeed, he approved waterboarding of terrorist suspects, believed it was legal, and moreover offers evidence that the information thus acquired saved American lives. W’s opinion on these matter are hardly a surprise, but they have re-energized the defenders of the Administration’s policies of “enhanced interrogation” and rendition of apprehended terror suspects to foreign locales where the interrogation techniques were “enhanced” even more.

“NOW do you agree with the policy?” they ask, as if the answer was obvious. “The information prevented a horrific terrorist attack on Heathrow Airport (in England). See? See?”

Let us assume, just to simplify things, that everything is as President Bush represents. Waterboarding was, by some legitimate analysis, legal. The information saved American lives and prevented terrorist attacks. Do these facts mean that the use of torture—and waterboarding is torture, whether one defines it as such or not—by the United States of America was justified, defensible, and ethical?

No. I don’t think so. I believe that for the United States of America to approve and engage in the use of torture is by definition betrayal of the nation’s core values, and thus threatens its existence as the nation our Founders envisioned as completely as a foreign occupation.  I wrote on this topic in 2009… Continue reading →