The United States, as currently constituted, is a utilitarian nation. We embrace the inherent virtue of certain “natural” rights, and tolerate the frequent harm that some citizens commit while exercising the rights that all of us cherish. I think that is the correct philosophy, but it requires us to grit our teeth and re-read the Bill of Rights when the formula produces a nauseating result that is nonetheless right in our democratic culture. It was right to let the Nazis march in Skokie. It was right to let the Klan hold their non-violent, white supremacy demonstrations. And it was right for the court to make Albert Snyder pay the court costs when he lost his lawsuit against a hate group that disrupted his son’s funeral. No, it wasn’t fair, or kind, or empathetic. It was only right. Continue reading
ethical conflict
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
Ethical Conflicts and Dilemmas in the N.F.L.
Last week, my esteemed colleague Bob Stone took the Indianapolis Colts and their coach Jim Caldwell to task for choosing to protect the health of the Indispensable Man, Quarterback Peyton Manning, for the play-offs by resting him in the second half of a meaningless game against the Jets, rather than go all out for a record-setting defeat-free season. The Colts lost, fans booed, the season was marred, columnists howled, and according to reports, significant numbers of Colt fans tore up their season tickets in protest. Was Caldwell unethical, as Bob argued, violating the integrity of the game and cheating the fans who had paid good money to see their team strive for an undefeated season? Continue reading