Comment Of The Day: “The Euthanasia Slippery Slope: A Case Study”

 Ethics Alarms master commenter Mrs. Q has the highest ratio of Comments of the Day to comments of any of the erudite participants here. If she would consider it, I’d love to feature her ethical musings in a regular column on the blog. This is the first of two Mrs. Q compositions you will see this weekend; it concerns the issues of euthanasia and consent, which were explored in twoposts this week, and a poll. Regarding that: here is the still live survey regarding the hypothetical I posed in this follow-up to the one about the Dutch doctor:

As you can see, those supporting the opposite position of Mrs. Q (and me) are in a distinct minority.

Here is Mrs. Q’s Comment of the Day, a reply to another commenter,  on the post, “The Euthanasia Slippery Slope: A Case Study.”

My God fearing Catholic grandma had the opposite response to yours. She was 102 & 7mo. and after breaking her hip it was too late to even think of surgery. She continued to weaken & lose weight yet she fought by drinking milkshakes & trying to greet her many family/visitors.

Before she got to this point a few years prior, her care coordinator somehow changed her directive to DNR, which as a Catholic she wouldn’t have agreed to, yet this person tried to convince the family that my grandma said yes to the change. If my family hadn’t checked the paperwork, my grandma’s incorrect and unauthorized change would have remained; however our family changed it back. My understanding is such acts are not uncommon in these facilities.

Fast forward to her last days. She was increasingly given higher doses of morphine & we weren’t allowed to even give her sips of water, though she was clearly thirsty. Her last words ever spoken while she gripped onto me, and heard by everyone in the room were “I don’t want to die.” She didn’t want to go and the nursing home was killing her and she knew it.

I still feel complicit in her death, as I tried to “go along” with staff who I assumed knew best. Continue reading

Addendum: To “The Euthanasia Slippery Slope: A Case Study,” Hypothetical And Poll

The Euthanasia Slippery Slope: A Case Study, this morning’s post, has attracted a wider range of opinion than I expected. I considered attaching a poll to the original post; now I’m going to go a step farther, and base that poll on a hypothetical of the kind that I use in my legal ethics seminars.

Speaking of those, on Tuesday, September 17, in Richmond, VA, and Wednesday, September 18, in Fairfax, VA, I’ll be presenting  “The Greatest Legal Ethics Seminar Ever Taught!” for three hours of legal ethics CLE credit to Virginia lawyers and others. The title reflects, other than my own warped sense of humor (“The Greatest Story Ever Told” is one of the worst movies I’ve ever seen), the fact that the legal ethics hypotheticals being discussed cover what I have found to be many of the most contentious, fascinating legal ethics issues extant over 20 years of doing these things. Moreover, I am being joined by my friend and colleague, John May, who approached these issues from the perspective of a practical litigator as well as one who often defends lawyers accused of ethical improprieties. He’s also one combative and clever pain in the ass who loves disagreeing with me, so I recommend bringing popcorn. The details are here.

Now here’s your hypothetical:

Continue reading

The Euthanasia Slippery Slope: A Case Study

Dr. Kevorkian was happy to help you kill yourself…

As health care costs rise and the public as a whole becomes more financially responsible for the care of individuals; as the population ages and the massive increase in health care costs in the final years and months of life becomes an increasing burden on society, and as legal abortion stays front and center as the most brutal form of utilitarianism, where a weaker and “lesser” life is deemed expendable for the well-being of others, I expect the United States culture to be drawn closer and closer to the seductive policy of legal euthanasia.  It is now legal in Washington, D.C.,  California, Colorado, Oregon, Vermont, Maine (as of next year), New Jersey, Hawaii, and Washington. You may note what these states all have in common….not that there’s anything wrong with that.

I believe that permitting an individual to kill another with the victim’s consent is so ripe for abuse—Dr. Kevorkian comes to mind—that it crosses an ethical line that should be thick, black, and forbidding.  The alleged consent can too easily be coerced or manufactured for the convenience of others. A recent case in the Netherlands confirms my strong reservations.

The unidentified patient, 74, had asked in writing for doctors to end her life if she had to be admitted to a nursing home, and if she thought the time was right. When she entered a home in 2016, however, though incapacitated, she appeared to have changed her mind, and gave what prosecutors called “mixed signals” about her desire to die. Continue reading

Comment Of The Day: “Comment Of The Day, From The Epic Commenter Donnybrook In This Week’s Open Forum”

The other primary combatant in the comment donnybrook referred to in the title (Humble Talent was the one noted in the previous COTD post) was Steve Witherspoon. In his Comment of the Day he references the crux of the dispute without actually referencing the dispute itself. His ever-green topic: the misuse of statistics:

Here is another reason that I dislike the use, or better yet the misuse/abuse, of statistics.

As we all likely know banks are routinely audited by outside sources to check for accuracy. Yesterday I got a piece of mail from a company that I’ve never done business with and I’ve never heard of. The mail was sent from a non local city that I wouldn’t be expecting mail from because I don’t know anyone who lives there and I don’t do business with any company from there. I opened it and found a single piece (3½” X 8½”) of paper with the printed logos from our local bank and the following statement on the top…

“Our Auditors have selected the following account for verification. Please review the information shown below and furnish details of any discrepancy to: [company name and address]. If information is correct, no action is needed.”

Then the paper included our home mortgage account number, interest rate, maturity date, and current balance as of a specific date that was mid month between payments. I read it a couple of times to confirm what I read, then I looked at my wife and said “These people are idiots.” Continue reading

From The Ethics Alarms Archives: “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia”

Here’s an Ethics Alarms post about a story from 2016 that takes on some new elements when considered in light of #MeToo and the Harvey Weinstein Ethics Train Wreck. I’m wondering if Madonna would do this today.

Let’s review the players, shall we?

This is Josephine Georgiou, Isn’t she pretty? She was 17 in 2016.

This is Madonna, performing on stage in Australia. during her2016 concert tour.

She was and is over-the -hill and  has to be progressively more outrageous  to try to justify her concert ticket prices. During the 2016 tour, she was repeatedly late, suspected of being drunk on stage, and generally erratic. Her enabling supporters attributed this to a messy divorce. Of course, for a professional, that is no excuse: if you can’t do the job, then don’t charge people for you to do it.

Here is Josephine with a friend before they attended Madonna’s concert in Brisbane. Note Josephine’s outfit.

Note the nipple rings.

Forget the friend, and no, I have no clue as to what Josephine was holding. Maybe they have very small flies in Australia….

Now here is Josephine with her Mom, Toni, who also was at the concert.

More about her later. OK, I think we’re ready now. Fasten your seat belts, it going to be a bumpy trip down memory lane. Here’s “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia” from March 19, 2016…
Continue reading

Saturday Ethics Notables. 5/18/2019: More Social Media Partisan Censorship, A-Rod’s Potty And Ian’s Potty Mouth…

Why, I asked, on such a beautiful May day, am I inside writing about ethics? And my wife turned into Hymen Roth…

1. PLEASE stop making me defend Alex Rodriguez, who is one of my least favorite human beings, never mind former athletes, on the planet, and yet…this is a strict Golden Rule issue. The ex-Yankees (also Texas and Seattle) slugger  was photographed sitting on his toilet in his luxury apartment’s bathroom. The shot was apparently taken by a rogue photographer in a high rise office building next to the apartment building where A-Rod shares a  $17.5 million apartment with Jennifer Lopez, whose movies are now beneath those of Adam Sandler and Tom Arnold on my playlist.

Legal precedent in New York suggests than  Rodriquez has no case, because in 2015, an appeals court ruled that a gallery show of images snapped through less famous New Yorkers’ windows by an “artist” was not a privacy violation. (I wrote about that photographer here; perhaps the title gives you a sense of where I came out on my analysis: “Why Photographer Arne Svensen Is An Unethical Creep”]

Fine, I see the legal point. If you don’t want people taking photos of you, then keep your window blinds down. However,just because you can do something crappy to another human being doesn’t make it right.

Even if it’s a crappy human being. Continue reading

Observations On The Bizarre Slavery Photo Lawsuit Against Harvard

It would be nice if this grandstanding lawsuit engineered by professional race-baiting lawyer Benjamin Crump was summarily thrown out of court as the junk it is, but unfortunately, too many judges, when woke sentiment beckons, bend over backwards so far that they can lick their heels.

Here is the gist of it:

Tamara Lanier filed a lawsuit in Massachusetts claiming that she is a direct descendant of Renty and Delia, two slaves who were the subjects of a harsh photo session as part of an anthropological inquiry into the differences between blacks and whites. The images of the father and daughter were commissioned by renowned  Harvard professor Louis Agassiz 170 years ago,  and are now stored in  the ancient Peabody  museum on the Harvard campus. (Full disclosure: I love the place, and spent many afternoons as a kid wandering through the exhibits.)  The lawsuit claims the images are the “spoils of theft,” because as slaves Renty and Delia were unable to give consent to being photographed., and that Harvard is illegally profiting from the images by using them for “advertising and commercial purposes.” By keeping the photos, the lawsuit claims, Harvard has perpetuated the hallmarks of slavery that prevented African-Americans from holding, conveying or inheriting personal property.

Observations:

  • I’m sure—aren’t you?— that Mrs. Laneir came up with this wild Hail Mary lawsuit all by herself. Her lawyer, as I already note, is Benjamin Crump, a legal racial shake-down artist who excels at creating public pressure that forces defendants to pay copious settlement money to his clients who often don’t deserve it. He represented the family of Trayvon Martin, and in so doing poisoned the public narrative so thoroughly that the actual facts of Martin’s death are permanently distorted in the nation’s collective memory. he represented the parents of Michael Brown, ensuring them a big pay-off because their angelic son charged a police officers and got himself shot. Ben Crump helped promote “Hands up! Don’t shoot!,” the lie that is still poisoning race-relations to this day. He’s a mission lawyer, someone who uses the law to pursue an agenda: he is to race relations what Gloria Allred is to feminism. He profits by stirring up discord, whether there’s really an injustice or not.

That doesn’t mean that some of his crusades won’t have merit. I only means that there is just cause for suspicion if he is involved.

  • “It is unprecedented in terms of legal theory and reclaiming property that was wrongfully taken,” Crump says. I guess that’s one way of putting it. It’s unprecedented because no previous lawyer had the gall to try such a stunt, but with Democrats and progressives beating the hollow reparations drum again, he cleverly chose a good time to take a flyer. “I keep thinking, tongue in cheek a little bit, this has been 169 years a slave, and Harvard still won’t free Papa Renty,” said  Crump. Good one, Ben! Except that Renty is long dead, and a photograph isn’t a human being…

Yet give him some credit:  Crump is explaining why this isn’t a technically frivolous law suit. If a litigant and the litigant’s lawyer are arguing for a new legal principle, knowing that under existing law the claim is dead, then the action isn’t frivolous. Horrible and dangerous Crump’s lawsuit is; frivolous it isn’t.

  • Harvard and other universities set themselves up for this by caving to historical airbrushing demands by the students they have helped indoctrinate, such as when Georgetown University established a policy giving an edge  n admissions to descendants of slaves who were sold to fund the school. I would say they have this coming and let them sleep on the bed of nails their laziness and cowardice has made, but therein lies a real danger. Harvard, which of late has been devising and defending one bad progressive idea after another (like discriminating against Asian Americans as Harvard’s own way of helping African Americans get admitted to the college), might just decide to be woke rather than responsible, and let Mrs. Lanier take the photos, thus setting a precedent with endless potential to cause havoc.

I wouldn’t bet against it.

  • Lanier’s (that is, Crump’s) lawsuit is an extension of the Mao/Soviet Union -style historical airbrushing and re-writing tool of social change that  21st Century progressives have adopted as they march inexorably toward beneficent totalitarianism. If we don’t like the laws our ancestors put in place, let’s just declare that  they weren’t laws at all. If applying legal principles that have been in place and effective for hundreds of years doesn’t assist the social change we desire, than suspend those principles. Make the law a subject to “the ends justifies the means” whenever it’s convenient.

I’m sorry to be blunt, but if you don’t comprehend the existential danger inherent in this approach, you’re an idiot.

  • Legal problems? What legal problems? Well, let’s see: 1) Renty’s lack of consent to the photos is irrelevant, because under the laws of the time, he had no right to consent. That may be unfair, and wrong, and cruel, and horrifying, but the way society works is that laws, even bad ones, are valid until they are repealed and replaced. Without that certainty, no law can function, and the rule of law becomes impossible. 2) The theory that Harvard is profiting from slavery because of the value of its photograph of a slave would mean that the owners would be profiting from war crimes because of the value of a photograph like this…

(And no, I don’t think those half-dead Andersonville prisoners were capable of giving meaningful and valid consent to be photographed either.) The lawsuit is designed to open the door to censorship of history and historical records that “offend” anybody. 3) The distant relatives of the subject of a photograph are the real owners of the photograph, not the photographer, and not the individual who commissioned the photograph, even if the original subject  gave legally valid consent to be photographed or received compensation for such a photograph if a court at any time in the future deems that such consent was invalid under current law, or the compensation is similarly deemed inadequate.

Brilliant.

4) If this theory prevails, then wouldn’t Ken Burns, and PBS, and everyone who profited from showing Burns’ “The Civil War” be required to pay damages for “profiting” from the use of slave photos similarly taken without consent? Would that segment of the documentary, which is crucial to Burn;s narrative, have to be excised?

  • Then there’s this little problem: it is virtually impossible to determine with any certainty that “Renty” really is Tamara’s Lanier’s ancestor.

Yet Harvard may capitulate anyway—to signal its virtue, to be able to publicly condemn slavery, to be “woke, ” and mostly to avoid pickets in Harvard Yard. Ben Crump is no fool…a race-hustler, sure, but he’s no fool.