Beware of Ethicist Ethics

On Ethics Alarms, as with its progenitor, The Ethics Scoreboard, commenters frequently accuse me of manipulating ethical arguments to endorse or support a political agenda. I often find such comments unfair, intellectually lazy and wrong, but please, keep making them. Avoiding a political or ideological slant is one of the most challenging tasks in rendering ethical analysis, and it is so easy (and tempting) to fall into the trap of letting bias rule reason that it helps to be regularly smacked upside the head.

Even with repeated smacks, true objectivity is nearly impossible in ethics, because of the central role played by ethical conflicts—not the ethical problem of conflicts of interest, but the philosophical problem of designating priorities among competing ethical values. Ethical conflicts require choosing which ethical value yields to another: a doctor knows a patient is dying and that nothing can be done. Is the ethical course to be honest, or to be kind? In public policy, ethical conflicts abound, and often involve deciding between two different versions of the same ethical value. Which version of “fair” is fairer, for example: allowing a talented, hard-working individual to keep the money she earns for her and her family, or for her to have to share some of that money with others, perhaps less talented and hard working, but also perhaps less fortunate, who do not have enough to survive? Ethical problems pit compassion against accountability, responsibility against forgiveness, autonomy against fairness, equity against justice. Continue reading

“Everybody’s Stupid”

Please. Make them stop.

It seemed that every conservative talk show host today was getting yuks from the irony of the Obama  Commerce Department announcing the launch of a new government climate change service in the middle of unprecedented snowfall in Washington, D.C. Underlying the hilarity was the persistent implication, and sometimes outright assertion, that the snowfall itself actually undermined the prevailing scientific findings of climate change research. If Hannity, Limbaugh and others who did this (and have done it before) really believe that one snowstorm, or twenty, can have any probative value at all in determining the accuracy of climate change science, then they are too ignorant to participate in policy debates about the issue.  If, on the other hand, the talk show pundits are deliberately pandering to the many science-illiterates among their listeners—and I think that is exactly what they are doing—then they are being dishonest and unfair. Continue reading

Trust the Science, Not the Scientist?

The Wall Street Journal has a depressing piece about recent examples of unethical and fraudulent conduct in the world of science, including, naturally, the latest global warming flap resulting from the UN mistakenly warning that the Himalayan ice caps were melting away,  and would be gone by 2035. This story, coming on the heels of the East Anglia email revelations, has added to justifiable public confusion over climate change, how fast it is happening, how well it is understood, and why governments are so eager to throw billions at a “solution” when there seems to be so much uncertainty. Continue reading

Michael Chertoff’s Ethical Dilemma

Is it unethical to promote something in which you have a financial or other personal interest even if you would have advocated it anyway? When one is a respected and credentialed former public official, this situation can pose a real dilemma. You sincerely believe it is critical to take certain action; indeed you believed in the importance of this action before you had a stake in it. Continue reading

When Experts Aren’t: The Ethics of Competence and “The Elements of Style”

Ethics Alarms, and apparently few others who don’t have their TV stuck permanently on Fox News, expressed its outrage of at the revealed ignorance of Al Gore, whose opinion on climate change policy carries weight and influence far beyond his demonstrated ability to comprehend the natural forces underlying his own opinion. (This week Al came up with another howler, stating that the polar ice caps would be gone in a couple of years. The scientist he erroneously quoted regarding this quickly announced that Al must have been talking about some other ice caps.) Experts who are really incompetent cause great harm, which is why competence is a critical, though often ignored, ethical duty for all professionals, from Albero Gonzalez to Bernie Madoff to Ashley Simpson to White House social secretaries.

This excellent article, a long time coming, finally exposes the incompetence of William Strunk and E.B.White, whose 1918 mini-book  “The Elements of Style” was uncritically adopted as gospel by generations of English teachers, many of whom were incompetent themselves. This over-reaching duo was to blame for all the perfectly appropriate split infinitives and passive voice sentences that you were marked down for using in the 9th Grade, and I have a book editor I’m sending this link to as soon as I finish this post who has been quoting  Strunk and White to get me to stop beginning sentences with “And” or “But.”  How many promising, lively young writers were throttled into mediocrity by this book we will never know, but it stands as vivid and tragic lesson on why experts have an obligation to be at least nearly as smart as they claim to be.

An Ethical Compromise on Climate Change Policy?

A Canadian economist, Dr. Ross McKittrick, has written a paper suggesting that  carbon emission penalties be set to rise or fall according to climate indicators. He wants to tie carbon penalties to the temperature of the lowest layer of the atmosphere —the troposphere, which extends from the surface of the earth to a height of about 10 miles. His paper advocates using temperature readings near the equator, because that is where the global warming models forecast the greatest increases. Continue reading

Climategate, 2012, and Bruce Willis

Professor Eric Posner has proposed a provocative analogy to the global warming controversy over at the Volokh Conspiracy, an exercise that probes the logic and ethics of the popular “let’s act assuming the majority opinion is right, because if it’s wrong we’re just poor, but if the minority is wrong, we’re dead” refrain. The comments, most of them pointing out where the analogy breaks down, range from insightful to hilarious.

You can read it all here.

Government Lawyer No-No’s

Laurie Williams and Allan Zabel, two Environmental Protection Agency attorneys based in California,  posted a YouTube video criticizing the Obama administration’s climate change policy, citing a Washington Post op-ed piece. When the EPA told them to either take down the video or edit out references to their work with the EPA, some organizations cried “censorship.” Continue reading

Reporters, Spouses, Conflicts, and Dissonance

The Washington Post’s ombudsman, Andrew Alexander, recently wrote a column discussing the seeming conflict of interest created for a Post reporter because of who she married.

Juliet Eilperin covers climate change for the paper. Her husband, Andrew Light, is an expert on the same topic, and coordinates international climate policy at the Center for American Progress, a liberal think tank. Alexander says that while Eilperin often gets quotes from her husband’s organization, he is never involved, and that the Eilperin-Lights maintain a strict separation of their careers. None of which answers the question: can she be an objective reporter on her Post beat, which happens to be in the same field where her husband makes his living?

The Post ethics rules, Alexander duly points out, say the Post is “pledged to avoid conflict of interest or the appearance of conflict of interest, wherever and whenever possible.” Obviously, there is an appearance of a conflict of interest here. Perhaps Eilperin would be vigorously critical of a policy pronouncement coordinated by her husband, or maybe she would consciously or unconsciously allow her affection and commitment to her husband color her reporting. We don’t know, and she may not even know. One might think that we would know she was unbiased if she filed stories that put her husband, his views or his employers in a bad light, but even that isn’t certain. It might mean she was over-compensating for bias. It might mean that her views on climate change policy had soured because Andrew was in the dog house, or that she had come to resent his work for the Center, because it took time away from the family. Either way, the fact that Eilperin’s husband is linked to the climate change issue and particular views on that issue must exercise a powerful influence over her judgment.

The principle in force at work here is cognitive dissonance, often referred to in the media but seldom correctly. A psychologist named Leon Festinger devised a scale—-vertical, with zero in the center, extending upwards from +1 to +100, and downwards from -1 to -100. The Cognitive Dissonance Scale is used to measured how positive and negative attitudes toward people and things subconsciously influenced attitudes toward other people and things that they had connections to and associations with, through the involuntary reduction of cognitive dissonance. For example, you dislike an author and his books. You love a particular political cause. You discover that the author is a vocal supporter of that cause. This creates cognitive dissonance that your mind must resolve; you cannot continue to hold such a low opinion of the author and such a high opinion of his cause. You will change the values to bring them more into line with each other; you will reduce the dissonance.

If you love the cause more than you detest the author (using Festinger’s scale, imagine that the author is a  minus 6, and the cause is a plus 16), the cognitive dissonance will be resolved by your gradually feeling more positively toward the author, and conceivably, less positively toward the cause, so they eventually they meet or almost meet around plus 10. Suddenly, you have more interest in the author’s books. Your attitude has been adjusted. You may also be more open-minded when listening to adversaries of the cause you once blindly supported, because its value is lower, even though you didn’t consciously change your opinion. Cognitive dissonance and the process whereby it silently adjusts and manipulates attitudes explains much of advertising, political affiliations, biases, and how powerful, popular leaders, celebrities and institutions  influence public culture for good or ill. It also explains why close relationships can create conflicts of interest.

There are many movies about lawyers in which, for dramatic or comic effect, a trial pits an attorney-husband against his attorney-wife (“Adam’s Rib”) or an attorney-parent against an attorney-son or daughter (“Class Action”). But in real life, these adversary situations usually require informed consent by the clients, because they raise suspicions. Would a husband really go all out to make the woman he was married to look like a fool in court? In the movies, there is usually a manufactured competition between the related lawyers, but the appearance of conflict still remains. Depending on the situation, one attorney-spouse’s relationship to the other could create such a likely conflict that even client consent wouldn’t justify continuing the adversary representation. Suppose, for example, that the attorney-wife knew that her husband’s job at the firm depended on him winning. She has a stake in him winning the case now. How can she give all her loyalty to her client, who is paying  her to defeat her husband?

She can’t. And though ombudsman Andrews ties himself in knots to argue that Eilperin is in a different position, she isn’t. She has a stake in her husband’s success, which is on only one side of the climate debate.  She also has a stake in keeping his love, respect and trust. Can we trust her to be completely unbiased? Presumably, if he isn’t in her dog house, Andrew Light is very high on Juliet Eilperin’s dissonance scale. If she is to be properly objective as a reporter, his positions and those of his employer should be right at the middle of the scale—zero, neutral. But that will create dissonance. That position will eventually, inevitably carry a positive value, because she associates it with her husband.

Her marriage creates, therefore, at least an appearance of bias, and probably actual bias. There is nobody to consent to the conflict, because the equivalent of the lawyer’s client for a reporter isn’t the paper she works for, but the public itself. Short of the Post holding a public referendum, the public can’t  consent or refuse to consent. Nor should they have to. Surely Eilperin can report on another topic. Surely the Post has other qualified reporters who aren’t married to warriors in the climate change wars.

Alexander closes his article by giving Eilperin the benefit of the doubt: “It’s a close call, but I think she should stay on the beat. With her work now getting special scrutiny, it will become clear if the conflict is real.” Wait a minute…what about that “appearance” phrase in the Post’s own Code? Real or apparent conflicts are prohibited; the whole point is not to wait to see “if the conflict is real,” meaning, I suppose, that Eilperin starts obviously slanting her climate change reporting. Some observers think she’s doing this already, and that’s the point. Because of who she married, we can’t trust that she will successfully battle cognitive dissonance and give objective analysis.

If the Post cares about its integrity and avoiding the appearance of conflicts of interest, they need a new climate change reporter, and Juliet Eilperin needs a new beat.

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October Unethical Website: www.chamber-of-commerce.us.

Today the U.S. Chamber of Commerce is one of the designated enemies of the Obama administration. This is not a complete surprise. The Chamber, organized at the request of President Taft specifically to communicate the positions and interests of the private sector in contrast to those of organized labor (the AFL-CIO’s offices are virtually next door to the Chamber, which itself looks across Lafayette Park onto the White House) always has a better relationship with Republican administrations than Democrat, because of the two parties’ very different philosophies on labor, regulation, free enterprise, taxation, and other epic issues. Other Democratic administrations have managed to respond to the Chamber’s predictable opposition without vilifying it; but not this one. Taking its cue from the White House’s regrettable enemies-list approach, a coalition of extreme progressive-left organizations have launched  www.StopTheChamber.com to make the vilification intense, focusing on de-legitimizing the Chamber as a national policy advocate.

Typical of such groups and such efforts (by both the Left and the Right), StoptheChamber’s screed  begins with the assumption that its position is the only defensible one, that they have all the answers, that they are good, and therefore the opposition is evil. The Chamber, in this formula, is not trying to avoid untenable deficits and large tax increases, as it claims, but rather working to deny health care for all. It is not questioning the wisdom of spending billions of dollars and handicapping U.S. industry with scientifically dubious solutions to climate change, but rather trying to poison the environment for profit. It is not lobbying, but “buying Congress.” [Clarification: I agree that a lot of lobbying, including that of the Chamber and its members, does amount to “buying Congress,” or trying to. Lobbying, as it is currently practiced in America, too often promotes corruption. It is disingenuous, however, to take the position that one side’s lobbying is corrupt while the other side’s identical activities are virtuous.]

The group’s remedy for the inconvenience of the Chamber’s opposition is typically undemocratic: shut it down with investigations and government harassment. Alleging “criminal activity and fraud” (and, amusingly, quoting disgraced felon Eliott Spitzer, the deposed Governor of New York, to bolster its claims), the group wants to stop the Chamber from lobbying and expressing contrary opinions…essentially because it is a formidable adversary.

OK. The group’s rhetoric (the coalition is called “the Velvet Revolution,” and finding the actual groups it includes is extremely time-consuming—at least the Chamber’s members don’t hide behind their umbrella) is undemocratic, uncivil, hyperbolic, and juvenile, but typical (sadly) of a lot of over-heated ranting on the Right and the Left, and individually harmless. (The cumulative effect of this sort of political offal-throwing on all sides is disastrous to our government, but that is a larger topic for another post.) It announces itself for what it is, an unapologetic, extreme, progressive, take-no-prisoners organization advocating revolutionary change in America. if you didn’t already agree with their assertions, you will not find them especially persuasive. When the group dashed far past the ethical line was when it held a fake press conference under the Chamber’s banner, and supported it with the fake website, http://www.chamber-of-commerce.us The address is misleading, and the site itself is more so. Using graphics indistinguishable from the actual Chamber homepage, the site makes a serious effort to deceive any reader into believing he or she has reached the US Chamber website, and that the Chamber, through a statement by its President, Tom Donohue, is reversing course and embracing climate change legislation.

A hoax, a joke, a parody—this is what the Velvet Revolution is calling the site, which is now, appropriately, the object of legal action by the Chamber. The Chamber has a right to express views contrary to climate change advocates, just as the Velvet Revolution has a right to make its opinions known; the press conference and the website interfere with the Chamber’s message. These cyber stunts may be legal (though I doubt it), but they are not in any sense fair or ethical. They are not designed to educate or inform, or even debate. Their purpose is to confuse, deceive, and annoy, while achieving media publicity as a bonus.

Of course, the Chamber’s choice was to protect itself from misrepresentation and help unsuspecting members of the public from landing on the wrong website, looking like bullies in the process, or to ignore the deception and allow it to continue. It is in a no-win situation, which is exactly as the Velvet Revolution intended. In other words, their tactic was an unqualified success.

That does not make it right.

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[Full disclosure: I used to work for the U.S. Chamber of Commerce. I was hired to run the Chamber’s policy issue research foundation, which had the assignment of performing open-ended, independent research on issues of concern to the nation and the business community. I was permitted to choose the topics of the research, to choose the researchers, and to pick each project’s advisory committees, which always included representatives from academia, labor, government and other points of view as well as private sector experts. Sometimes the results of our studies supported the Chamber’s position, and sometimes they did not. But I was never pressured to slant the findings; indeed, my boss at the Chamber, an Executive Vice-President, insisted that it was critical not to bias the studies in any way. He insisted on honesty, integrity, and letting the facts show the way, even when others in the Chamber leadership strongly objected.

That boss was Thomas J. Donohue, today the Chamber’s President. He was the most impressive of many impressive and able people I met in the seven years I worked for the Chamber, which was and is far less monolithic in its ideological views than its image suggests. Tom is smart, open-minded, a deft politician and a talented leader. He has a sense of humor. Most of all, I found him to be someone you can trust. He may defeat you, he may outmaneuver you, but he does not cheat, and I never knew him to lie. He has a constituency as president of a business organization, and he will fight for their interests, but not in an unfair way.

I left the Chamber shortly after Tom Donohue did (he became the head of the American Trucking Association), because he was no longer there to make sure my research efforts would have integrity and free reign. Still, I respected the organization, its expertise, breadth and professionalism. Many of its positions were not my positions, and are not today, but the Chamber does its job, agree with it or not, professionally and well.]