Ethics Quote Of The Week: Gary Sinise

gary-sinise

“With all due respect, what the hell are you talking about?”

—Actor and Wounded Warrior ally Gary Senise, in an open letter responding to Howard Dean’s statement that the audience for “American Sniper” consisted of “angry people.”

Good question. What are the vicious and anti-military critics of Clint Eastwood’s box-office busting bio-pic about Navy Seal Chris Kyle talking about?

I saw the film yesterday. It’s not pro-war, pro-Iraq invasion, or political in any way. The various critics of the film out themselves as hateful and so biased against combat, the military and, I don’t know—life? Reality?—that they can’t even keep their minds open a crack for a thought-provoking piece of popular art. Dean had said, turning his review (I’ll bet anything that he hasn’t seen the film) into a gratuitous attack on tea party supporters:

“There’s a lot of anger in this country, and the people who go see this movie are people who are very angry. And this guy basically says ‘I’m going to fight on your side.’ … I bet you if you looked at a cross-section of the Tea Party and the people who go to see this movie, there’s a lot of intersection.”

In the same forum–his weekly HBO conservative-bashing fest–Bill Maher called Kyle a “psychopath patriot” (there is nothing whatsoever in the film that supports that diagnosis). Seth Rogen compared “American Sniper” to a Nazi propaganda film. Michael Moore used the film–which he couldn’t possibly have seen–to make the ridiculous observation that snipers were “cowards.” Kyle, the most effective sniper in U.S. military history, was wounded repeatedly and awarded two Silver Stars and five Bronze stars. For him to be smeared as a coward by the likes of Michael Moore is grotesque.

The film, among other things, shows just what kind of horror our service men and women endured in Iraq, how they suffered (and suffer still), what it did to them and their families, and accords them well-deserved compassion and respect. How sad, bitter and rotten inside someone must be to resent that. As I watched the film, it occurred to me that this was probably exactly what John Wayne wanted “The Green Berets” to be during Vietnam, but had neither the discipline to avoid agitprop and sentimentality, nor Clint’s directing skills to pull it off.

After expressing his disgust at Dean’s outburst in a tweet, the stage and screen star, whose foundation works to help and recognize the soldiers and veterans he calls our “defenders,” wrote,

To Howard Dean,

I saw American Sniper and would not consider myself to be an angry person. You certainly have a right to make stupid blanket statements, suggesting that all people who see this film are angry, but how is that helpful sir? Do you also suggest that everyone at Warner Brothers is angry because they released the film? That Clint Eastwood, Jason Hall, Bradley Cooper, Sienna Miller and the rest of the cast and crew are angry because they made the film? Chris Kyle’s story deserved to be told. It tells a story of the stress that multiple deployments have on one military family, a family representative of thousands of military families. It helps to communicate the toll that the war on terror has taken on our defenders. Defenders and families who need our support. I will admit that perhaps somewhere among the masses of people who are going to see the film there may be a few that might have some anger or have been angry at some point in their lives, but, with all due respect, what the hell are you talking about?

My guess is that Dean is talking about his own estrangement from basic American values, its history, and its essential role in the world, including all the sacrifices, risks and difficult choices that role demands. He’s the angry one.

 

The Special Needs Student, the Compassionate Teacher and the “Awww!” Factor (UPDATED)

Debra Fisher

Regular readers here are familiar with the “Ick Factor,” the common phenomenon where a situation that causes an emotional response of revulsion, disgust or fear is labelled unethical when there is nothing unethical about it. Many kinds of conduct are icky, but still on the right side of ethics, if only one can put aside the gag reflex. The reverse of the Ick Factor is the less common “Awww!” Factor, where particular conduct seems loving, caring and nice, but is in fact unethical in one or more respects. Such is the case of New York City special needs teacher Debra Fisher.

In October, Fisher was suspended when e-mails were discovered on the school computer system showing that she had been spending school time raising funds for a special project on behalf of Aaron Phillip, a thirteen year old special needs student who is an aspiring animator with his own blog. The project’s goal was to raise $15,000 for a nonprofit devoted to developing Aaron’s talent, an organization called “This Ability Not Disability” founded and administered by Fisher.

Awww!

The problem was that while her efforts on behalf of the student were supported by the school, Fisher, an occupational therapist at Public School 333 with nine years of service, did not have permission to perform them during school hours. Thus she was suspended for six weeks. Now she is suing the school system for back pay, telling reporters, “I’m just trying to fight for what I believe is right.”

If she believes she is right, then she shouldn’t be working at the school at all, because she is in fact dead wrong.

But awfully nice. Continue reading

Abortion, “The Fly” and the Ethics Incompleteness Theorem

"AWWW! He looks just like his father!"

“AWWW! He looks just like his father!”

The most interesting aspect of ethics is at the margins, those situations where absolutists are challenged to hold to their principles because of unforseen variations that no general analysis could anticipate. The absolute ban on torture as unethical becomes shaky under the “hidden nuclear bomb” scenario.  Capital punishment opponents find that their compassion evaporates when asked whether Hitler or bin Laden deserved execution.

This is the Ethics Incompleteness problem, which I last wrote about at length in March of 2014:

“The human language is not sufficiently precise to define a rule that will achieve its desired effects, that is work, in every instance. There are always anomalies around the periphery of every normative system, no matter how sound or well articulated. If one responds to an anomaly by trying to amend the rule or system to accommodate it, the integrity of the rule or system is disturbed, and perhaps ruined. Yet if one stubbornly applies the rule or system without amendment to the anomaly anyway, one may reach an absurd conclusion or an unjust result. The Ethics Incompleteness Principle suggests that when a system or rule doesn’t seem to work well when applied to an unexpected or unusual situation, the wise response is to temporarily abandon the system or rule and return to basic principles to find the solution. No system or rule is going to work equally well with every possible scenario, which is why committing to a single system is folly, and why it is important to keep basic ethical values in mind in case a pre-determined formula for determining what is right breaks down.”

I was watching the Jeff Goldblum remake of “The Fly” (written and directed by David Cronenberg) last night, and rather than being properly horrified by Geena Davis’s nightmare of giving birth to a yard long fly larva, I found myself wondering how anti-abortion absolutists would handle her unusual dilemma. The film follows the tragedy of scientist Seth Brundle (Goldblum ) who has developed a means of teleportation. The process involves a computer breaking down a body, then transmitting the atoms electronically to a receiving “pod,” and reassembling them there. Unfortunately, when Seth tests the device on himself, an unnoticed fly gets into the sending pod, and the result is a version of Brundle that has fly DNA mixed in. (In the memorably campy Vincent Price original, what arrived in the receiving pod was a man with a giant fly head and a fly with a tiny human head.) Gradually Brundle mutates in form and mind into a monstrous hybrid, but before he knows what has happened to him, he impregnates girl friend Davis. Soon she realizes that something with insect DNA is gestating inside of her, though all tests show a healthy human embryo. Not surprisingly, she wants an abortion.

Would those who argue that abortion is murder maintain that she shouldn’t be able to have one, or that aborting the fetus is wrong? Let’s make the problem harder: let’s say she only learns that she has a fly-baby in the third trimester, when our laws wil not permit abortions unless the mother’s life is in peril. Some questions: Continue reading

Sarah Palin, The Animal Gene, and Some New Year’s Inspiration

Trig on dog

Gandhi famously said that the greatness of a nation can be judged by the way its animals are treated. I’m not sure that’s true, but it certainly is true that respect for the lives and welfare of animals is a useful symptom to diagnose sound ethical values, and the tendency toward animal cruelty is signature significance for a human being that I would not turn my back to in the dark.

The issue is complicated by the divergence of humans into “animal people” and “non-animal people,” with the latter claiming, with some justification, that they are not cruel or callous toward animals, just willing to recognize that they are, well, animals. These are the people who cannot understand someone wanting to take a sick day to mourn the passing of a cat. On the other hand, they are also clear-eyed about those animal lovers who dress their parrots in elaborate costumes and who hold birthday parties for their dogs. Those who live in the country or on farms are an interesting case: they are not prone to sentimentalize of anthropomorphize animals like city folk. Dogs and cats sleep outdoors unless there’s a freeze on, and they have jobs to do. My wife’s sister sold the family horse to a dog food company, and the two didn’t speak for months.

Sarah Palin blundered into this divide this week when she posted pictures (above) of her son Trig standing on the family dog in an inspirational post about overcoming obstacles. Now she’s being attacked for promoting cruelty to animals. Some points on this:

1. Many are always looking for justification to vilify Palin. This time, she gave them legitimate ammunition.

2. The sequence looks staged to me: otherwise, why was anyone taking photos of this?

3. If so, then this just wasn’t an innocent but mistaken choice by a special needs child, but the directive of someone who should know better.

4. Of course one doesn’t ever sit or stand on a dog, or allow or encourage a child to do so, unless we’re talking about a very small child.

5. We don’t know that Palin didn’t admonish Trig after the fact, while saluting his ingenuity.

6. It was still an irresponsible choice for the point she was making.

7. Assuming the dog isn’t ill, drugged of dead, however, he doesn’t seem in distress. One thing about dogs: if you are hurting or ignoring them, they aren’t shy about letting you know.

8. Trig is developmentally disabled. Animals, particularly dogs, have incredible tolerance and intuitive kindness in such situations. That was the real lesson of the photos.

Now, to wipe those images out of your mind, here are a group of photos showing normal, non-celebrity, non-Palin, human beings here and elsewhere demonstrating the kind of kindness and compassion for animals that we all should aspire to. Continue reading

Ethics Quiz: The Harvard Prof and The Erroneous Chinese Restaurant Menu

Perfect! Just what you need to handle that pesky flea, Professor!

Perfect! Just what you need to handle that pesky flea, Professor!

Ben Edelman, a rather well-noted Harvard Business School professor, had this fascinating exchange with a local Szechuan restaurant:

Edelman 1Edelman 2Your Ethics Alarms Ethics Quiz:

“Is Prof. Edelman’s conduct ethical?”

Continue reading

Cruel Activism: The Gay Rights Attack On Cynthia and Robert Gifford

The-Gifford-Barn-in-Schaghticoke-NY

It is said that close cases make bad law, and they often make bad ethics too. Legally, the culpability of Cynthia and Robert Gifford is not at all certain. Ethically, however, as right as they may be on the law, the conduct of their persecutors, same-sex couple Jennifer McCarthy and Melisa Erwin, has been unnecessary, without compassion, vindictive and cruel.

The Giffords are active Christians who own Liberty Ridge Farm, located in Schaghticoke in upstate New York. They supplement the farm’s revenue with attractions designed for kids and families, including a pumpkin patch, a corn stalk maze and a rustic barn for parties and weddings. That rustic barn has three stories. The Giffords reside on the top floor, with the bottom floor designed for events, and the second floor consisting of rooms for activities relating to their preparation and management.

When Cynthia Gifford received a phone call from Melissa McCarthy inquiring about having her wedding at the farm, Cynthia invited her to visit and assess the venue.In the follow-up phone call, McCarthy revealed for the first time that the affair would be a same-sex wedding. Cynthia explained that the family’s faith held that marriages can only be a union of a man and a woman, so they did not make their farm available for ceremonies. She said, however, that the couple was welcome to hold the wedding reception there.

Apparently expecting this response, Jennifer and Melissa surreptitiously recorded the phone call. Armed with the recording, they contacted the New York Civil Liberties Union who immediately filed a discrimination lawsuit against the Giffords on their behalf.

The Giffords argue that this was not a matter of discrimination, but religious practice. They had hosted events for gay clients before, and employed gays. “The Giffords’ objection was to hosting and participating in the wedding ceremony itself and not to providing service in general to lesbians,” their lawyer said.

They lost. Bronx administrative Law Judge Migdalia Pares rejected Giffords’ claim that the farm, which is also their home, is not a place of public accommodation and is therefore not subject to the anti-discrimination provisions of New York’s Human Rights Law. She ruled that Liberty Ridge qualifies as a public accommodation because it regularly collects fees for space, facilities, services and meals, so it cannot be considered “distinctly private.”  The fact that the Giffords reside at Gifford Barn does not render it private. The Giffords were ordered to pay $13,000 in fines and restitution.

The Giffords are appealing.

The Giffords, according to the judge, “unlawfully discriminated against complainants solely on the basis of their sexual orientation.” Another way of looking at it is that Jennifer and Melissa, now married, discriminated against the Giffords solely on the basis of their religious beliefs. Why couldn’t they agree to respect the Giffords’ religious beliefs, and use the property for the wedding reception only, having the actual ceremony elsewhere? Would that really be such a hardship, or a compromise in principles? Indeed, if the nation and committed progressives really aspire to tolerance, diversity and mutual compassion and understanding, why wouldn’t that be the ethical, desirable, reasonable compromise?

I know the response to that question, of course. This was a matter of principle. This would send a message. Crushing the Giffords was necessary to show that all opposition to same sex marriage would eventually be crushed under the advance of history. Never mind that these were not anti-gay bigots, and that they have as much right to practice their faith as a lesbian couple has a right to wed. This is a zero sum game, apparently. Besides the law—probably–supports McCarthy and Erwin.

I think the actions of Jennifer McCarthy and Melisa Erwin violate the Second Niggardly Principle, which is a rule of kindness, compromise and common sense. It holds…

“When an individual or group can accomplish its legitimate objectives without engaging in speech or conduct that will offend individuals whose basis for the supposed offense is emotional, mistaken or ignorant, but is not malicious and is based on well-established impulses of human nature, it is unethical to intentionally engage in such speech or conduct.”

The couple’s legitimate objectives in this case were to get married and celebrate the marriage in an attractive venue. I don’t think setting out to punish a couple for belonging to a religion that doesn’t accept same sex marriage is a legitimate objective, nor is turning their lives upside down, nor forcing them into the maw of litigation to bend them to their will. Does the gay rights movement really feel that all those who have not yet accepted the justice and inevitability of same-sex marriage must be exposed and made to suffer? It seems that this is McCarthy and  Erwin believe, and what this case will come to stand for.

If so, I think the story of the Giffords will do more harm than good, hardening opposition, confirming suspicion, undermining trust and ultimately making acceptance for gay couples harder, however it turns out in the courts. Just because you have the law on your side doesn’t mean you have to use it when doing so involves unnecessary harm to others. Gays want compassion, kindness, tolerance and fairness. It would help if they showed a willingness to give as well as receive.

______________________
Pointer: Steven Mark Pilling

Ethics Hero Emeritus: Edna Gladney (1888-1961)

Edna Gladney

I am ashamed to admit that I never heard of Edna Gladney before I chanced upon a late night Turner Movie Classics showing of the 1941 biopic “Blossoms in the Dust,” which earned the great Greer Garson one of her many Academy Award nominations for her portrayal of Gladney (that’s Greer as Edna on the left). I was unaware of Gladney’s amazing life, legacy and contributions to society because 1) I’m not from Texas; 2) it is hard to learn about great people that society forgets about, and 3) feminists aren’t doing their job, perhaps because a strong and indomitable woman whose life was devoted to saving unwanted children rather than preventing their existence doesn’t interest them as much as it should.

Yet Gladney is exactly the kind of woman whose life should inspire young girls today, and young men too, for that matter. Still,  I recently asked 18 randomly chosen friends and acquaintances who Edna Gladney was, and not one of them knew.

And most of them didn’t know who Greer Garson was, either.

Sigh. Continue reading

A Young Ex-Actress Is In Crisis: Is The Media Capable Of Kindness? Are We?

Yesterday I flagged an independent film, a black satire, that tells the tale of a decent man who is sent into a homicidal rampage when the cruelty of the culture and especially the media overcomes him. I’m not to that point—yet—but the callousness of the national media in response to what it feels is consumer demand is oppressive.

I am going to omit names, graphics or links here, because I do not want to feed the phenomenon I am decrying. Continue reading

Abraham Lincoln: Good Lawyer, Bad Lawyer, Conflicted Lawyer

Lincoln in trialI recently quoted a fairly well-known section from some notes Abe Lincoln made for a lecture he was to present to young lawyers in 1850. Some of you asked if would post the whole document, which I am happy to do. Here it is:

I am not an accomplished lawyer. I find quite as much material for a lecture in those points wherein I have failed, as in those wherein I have been moderately successful. The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done. When you bring a common-law suit, if you have the facts for doing so, write the declaration at once. If a law point be involved, examine the books, and note the authority you rely on upon the declaration itself, where you are sure to find it when wanted. The same of defenses and pleas. In business not likely to be litigated, — ordinary collection cases, foreclosures, partitions, and the like, — make all examinations of titles, and note them, and even draft orders and decrees in advance. This course has a triple advantage; it avoids omissions and neglect, saves your labor when once done, performs the labor out of court when you have leisure, rather than in court when you have not. Extemporaneous speaking should be practised and cultivated. It is the lawyer’s avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet there is not a more fatal error to young lawyers than relying too much on speech-making. If any one, upon his rare powers of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance.

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.

The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. An exorbitant fee should never be claimed. As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case, as if something was still in prospect for you, as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that you are working for something, and you are sure to do your work faithfully and well. Never sell a fee note — at least not before the consideration service is performed. It leads to negligence and dishonesty — negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.

There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief — resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.

This is uniformly excellent, and justly cited to show Lincoln’s high ideals as a man and a professional. This quote, however, is also cited for that purpose, and I am not so fond of it. Since it comes to us second-hand, a.k.a as hearsay, from Lincoln’s law partner, friend and biographer William Herndon, I hesitate to hold it against him too much, for it may be a misrepresentation. I am more concerned with the fact that what follows is sometimes packaged with the notes above, as if they are equally worthy of emulation. No, they are not. Continue reading

Dog Custody Ethics From The Vermont Supreme Court

It's a dog's life, whatever THAT means...

It’s a dog’s life, whatever THAT means…

Pet dogs are more than property and less than citizens. When they become surrogate children, as they often do, the legal battles over which member of splitting couples will have custody can become as furious and emotional as anything in “Kramer vs. Kramer.” Now the Vermont Supreme Court has approved a a new approach to these cases, deciding one on the basis of “the best interests of the dog.” Here is the relevant portion of the decision, in the case of Hamet v. Baker: Continue reading