Fake or Real, “I’m Still Here” is Unethical

Now, having had his film reviewed by most major critics as a genuine documentary and being widely assailed as an exploitive creep (including here), Casey Affleck is telling the media that the film is a put-on. If it is (and why anyone should believe a liar when he admits he is lying is an unanswerable question), then he exploited the audience and defrauded them into seeing a film under false pretenses. The movie isn’t funny, like “Borat,” and there is no legitimate entertainment purpose in staging a fake portrayal of a drugged out,  self-absorbed jerk, who is really only a lying, self-absorbed jerk. Just as James Frey’s  A Thousand Little Pieces was a lousy novel that attracted interest because he falsely represented it as non-fiction, “I’m Still Here” only could attract an audience if they were lied to—because nobody would care about Juaquin Phoenix’s idea of satire. Andy Kauffman he’s not. They will, however, pay to watch a human train wreck. Is Affleck trying to make the audience feel foolish? They are only foolish for trusting him. They won’t do it again.

I still think it’s 50-50 whether the hoax admission is another hoax, as a desperate effort to gin up box office. But it really doesn’t matter. Whether the film is truth or fabrication, Phoenix and his pal Affleck are despicable…just for different reasons.

Casey Affleck, Worst Brother-in-Law of the Year

Imagine that your wife’s brother, who is also one of your best friends, is in trouble. He is ruining his health, career and reputation with habitual drug use and other self-destructive behavior. He seems to be deluded, yet his business associates and friends are enabling his behavior. A tragedy is  unfolding, and no one seems to care.

What do you do? Continue reading

Richard Bach’s World Without Trust

I recently encountered a quote from Richard Bach, the pop philosopher/author who wrote Jonathan Livingston Seagull, that bothered me. The context isn’t important, but it was cited with approval as enduring wisdom by the quoter. The statement:

“Anybody who’s ever mattered, anybody who’s ever been happy, anybody who’s ever given any gift to the world has been a divinely selfish soul, living for his own best interest, no exceptions.”

I can see why this quote might be popular, unlike his career-making best seller, which I threw against the wall after eight pages. It provides the perfect rationalization for selfishness and unethical conduct for people who don’t have the patience to read Nietzsche or the stomach for Ayn Rand. As a whole, it is nothing but a repackaging of “everybody does it,” but with a devilish seductive twist: everybody who’s smart, talented and successful does it. Wow. Translation: if you are divinely selfish, it means you might be one of the people who “matter.” Continue reading

Exemplary Ethics: Opportunity for the Gambling Grannies’ Lawyers

My discussion of that sad case of the two elderly Connecticut sisters who are embroiled in a lawsuit over lottery winnings did not focus on their lawyers, and that was intentional. Though I spend most of my time teaching legal ethics, I only venture there on Ethics Alarms rarely, because 1) to do it right usually requires being technical, and technical is not conducive to 700-1000 word essays, and 2) most lawyers are bored by legal ethics, so non-lawyers figure to be bored even more.  A new reason became crystal clear this week, when I foolishly steered an issue involving blog ethics into legal ethics because the blogger happened to be a lawyer, was reckless with my terms, and ended up unfairly implying something I did not mean to imply. My apology for that fiasco is here.

Nevertheless, I should have discussed the role of lawyers in the Connecticut case. I am not privy to their advice to their respective clients, and for all I know, they may well have attempted what I suggest here. Whether they did or not, this case is an excellent one to reflect on what lawyers do, and ought to do. Continue reading

Gov. McDonnell’s Confederate History Month: The Musical

“Confederate History Month.” That title should be sufficient to have any semi-conscious American’s ethics alarms ringing, like “Dina Lohan, Mother of the Year.” That it didn’t for Virginia governor Bob McDonnell, at least until furious critics rang it for him, tells us something disturbing about the Republican’s ethical blind spots, and perhaps other things as well. Perhaps we can truly get through to Bob with a song…sung to the tune of that traditional Virginia favorite, Dixie.  All together, now: Ohhhhhhhhhhhhhh… Continue reading

Art Ethics: We Are Not Bowls of Fruit

During his legendary questioning by Clarence Darrow in the Scopes trial, Williams Jennings Bryan famously answered one of Darrow’s queries by saying, “I don’t think about things I don’t think about.” (Darrow’s rejoinder: “Do you think about the things you do think about?”)  One of the ethical issues I hadn’t thought about was whether an artist drawing a subject in public without his or her consent is being unethical. Thanks to a post by an inquiring artist on an art blog who heard the faint ringing of an ethics alarm in his head, I’m thinking about it now, and it is trickier than you might think.

Once the artist starts rolling, he has a lot of ethics questions: Continue reading

Dubious Ethics Studies, Part II

There are good reasons to be skeptical of all studies purporting to analyze what people think according to how they fit into common ideological categories. In 2003, a study purported to portray conservatism as a kind of mental disorder. In 2008, another series of studies was packaged to make the case that liberals were compassionate in words only, that when it came to putting one’s money where one’s conscience was, it was those mean old conservatives who opened their wallets. Now comes a study called “Do Green Products Make Us Better People?”published in the latest edition of the “Journal of Psychological Science.” Its authors, Canadian psychologists Nina Mazar and Chen-Bo Zhong, did a series of experiments comparing the behavior of patrons of “green” products and the conduct of the less environmentally correct. Continue reading

Death Video Ethics

As with the video of the fatal luge run at the Olympics, as with 9-11 videos of the Twin Towers crashing down, pundits, lawyers and family members of a victim are arguing in courts of law and public opinion that the visual record of their loved one’s death should be off-limits for public. The family of Dawn Brancheau, the SeaWorld trainer who was drowned last month by a six-ton Killer Whale that held her underwater by her ponytail,  has announced that they will seek an injunction to stop the release of the death videos, captured by SeaWorld’s surveillance cameras on Feb. 24. Once the official investigation is complete, the video could be made widely available on YouTube and elsewhere. The family understandably does not want their daughter’s last moments to become a source of web entertainment. Continue reading

Ethics Hero: Boston Sportswriter Pete Abraham

I try to keep the number of Ethics Heroes and Ethics Dunces in rough balance here, and sometimes I despair of how few of the former and how many of the latter I have to choose from. Perhaps part of the problem is that good conduct is more common than bad conduct, and thus has to be especially flashy before the media notices. Or perhaps I am not giving sufficient credit to small, ethical gestures that in their own way make a difference.

This brings us to Pete Abraham, a writer on the Red Sox beat for the Boston Globe. Pete writes the “Extra Bases” blog, and does something that I have not seen before. At the end of his post every morning, Pete signs off with, “Thanks as always for reading the blog.”

It is a small but genteel exhibition of civility and manners that, for me at least, serves the same purpose every morning as Ben Franklin’s Daily Questions. It sets the ethics alarms for the day and reminds me to not get so focused on work, tasks and problems that I forget to help smooth out the edges for those around me.

I’ve never met Pete Abraham, but I hope I do some day. He is obviously a kind and caring person who understands the importance of civility. He knows how to set his ethics alarms.

And best of all, he’s a Red Sox fan.

Oh—I almost forgot! “Thanks as always for reading the blog.”

The Damage of Health Care Reform “By Any Means Necessary”

I have no idea whether the health care reform bill, assuming it finally gets passed in one form or another, will make things better or worse, and if you are honest about it, neither do you…and neither, I am certain, do most of the elected representatives who will have voted for it or against it (or for it and against it) by the time the dust clears. To only cite the most obvious proof, the bill’s current form was just posted yesterday, giving Congress 72 hours to read and understand over 2,000 pages of technical jargon and badly-written prose. I don’t believe I have ever read 700 pages a day for three days at any point in my life, and if I have, I know it had to be something more diverting than a health care bill.

Relying on second-hand analysis—also by individuals who haven’t read the current bill—simply puts us (and the members of Congress) at the mercy of the biases of those rendering the opinions. For example, one of my favorite commentators, Robert Samuelson, has persuasive arguments against the bill here and here, while one of my least favorite, Paul Krugman, weighs in on the bill’s virtues here and here. Now, I think Krugman has squandered his credibility by blatant untruths in the past (One howler, his infamous statement about the national health care systems of Canada and Great Britain that “We’ve all heard scare stories about how that works in practice; these stories are false” is derisively quoted almost daily by Wall Street Journal blogger James Taranto as he relays tales of national health care horrors from the London press), but the man has won a Nobel prize: maybe he’s right and Samuelson is wrong. I really don’t know.

I do know this, however: whether the bill proves to be disaster or panacea, the manner in which President Obama and the Democrats have gone about passing it has done real and lasting harm.  Continue reading