Tag Archives: ethical conflicts

In Maryland, Tempting Moral Luck And The Barn Door Phenomenon In A Free Range Kids Ethics Conflict

Lyon Sisters

Just months after suburban Maryland parents Danielle and Alexander Meitiv were cited by Montgomery County’s Child Protective Services for “unsubstantiated neglect” for allowing their children Rafi, 10, and Dvora, 6, to walk home from a park close to home, the defiant parents let their kids to do it again. Again, someone called 911 (anonymously), and again the children were picked up by police.

This time, the police took the Meitiv children to Child Protective Services headquarters and for some reason didn’t tell the parents, who, naturally enough, freaked out. Five and a half hours later the agitated children and frantic parents  were reunited. You can read about the initial incident from the mother’s perspective here; and obviously Lenore Skanazy is in full battle array on her “Free Range Kids Blog.” Columnists everywhere are rushing to their keyboards to write columns like this one, by the Washington Post’s Petula Devorak, titled “Why Are We Criminalizing Childhood Independence?”

The ethics of this issue are more complicated than simplistic “We used to walk around freely all the time when we were kids and it was more dangerous then than now” reminiscences are equipped to explore.

Analyzing this ethics conflict (“when two or more ethical principles are in opposition”)  screams out for the useful starting point for ethics analysis:

What’s going on here?

Before I answer, let’s get a couple of ethics verdicts out of the way: Continue reading

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Filed under Childhood and children, Family, Government & Politics, Law & Law Enforcement, Rights, U.S. Society

Comment of the Day: “The Eternal Ethics Conflict: Drawing Lines, Enforcing Them”

speed traps

The post generating texagg04‘s (latest) Comment of the Day dealt with the tricky and common ethics problem of enforcing reasonable rules strictly in the face of situations where compassion and sympathy pull us toward leniency, because the penalty for non-compliance seem out of proportion to the transgression. He correctly identified this as a problem involving the Ethics Incompleteness Theorem (or Principle), which is an ethics analysis concept used frequently here, and one of my favorites. The Theorem, as stated in the Ethics Alarms Concepts and Special Tools, a.k.a. “the Rule Book,” holds that…

The human language is not sufficiently precise to define a rule that will work in every instance. There are always anomalies on 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 abandon the system or rule—in that one anomalous case only— and use  basic ethics principles and analysis to find the best solution. Then return to the system and rules as they were, without altering them to make the treatment of the anomalous situation “consistent.”

No system or rule is going to work equally well with every possible scenario, which is why committing to a single ethical 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.

 Tex expands the discussion into such areas as test scores, speed limits, and rule-making itself.  Here is his masterful Comment of the Day on the post, The Eternal Ethics Conflict: Drawing Lines, Enforcing Them:
Continue reading

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Filed under Business & Commercial, Comment of the Day, Daily Life, Education, Ethics Alarms Award Nominee, Law & Law Enforcement

The Eternal Ethics Conflict: Drawing Lines, Enforcing Them

cross-the-line

Yesterday traffic caused me to arrive a bit later than usual at my monthly gig as the instructor in the legal ethics portion of the D.C. Bar’s mandatory orientation session for new admittees. It was after 9 AM (my segment starts at 9:20), and as I approached the glass doors to the lecture hall lobby, I saw a distraught women angrily berating one of the D.C. Bar staff. I knew instantly what was going on.

You see, the courts approving the program insist that every attendee be there at the start: the doors close at 9, and anyone arriving late, no matter what the reason, is out of luck. They can’t attend the session, can’t get credit for it, and have to return the following month. That rule is on the website and in all communications with the Bar, along with the warning that there are no exceptions, and no effective excuses. Every month, someone misses the deadline; every month, that person goes ballistic. This women, however, was remarkable.

She had flown to D.C. on the redeye, she said. Her cab was stuck in traffic, and when she arrived in the cavernous Reagan Building where the day-long course takes place, she had ten minutes to spare. Unfortunately, the Reagan Building eats people. I have wandered its halls lost many times. I keep expecting to encounter a bearded, Ben Gunn-like figure who grabs my pant leg and jabbers about how he’s been trapped by the bewildering signage, and has been living off of Cub Scouts since 1992. The woman made it to the right hall in just 12 minutes, which is impressive without a GPS. But she was still two minutes late. Continue reading

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Child Protection Ethics: The Case of the Boozing Third-Grader

This isn't Patricia Denault 's son. I hope...

This isn’t Patricia Denault ‘s son. I hope…

In Longwood, Florida, Patricia-Ann Jackson Denault thought it would be funny to post pictures of her son, 7, drinking whiskey on Facebook, titling it “first shot.” Someone thought it was more alarming than funny, and called the police. Three uniformed officers and Child Protective Services came to her house and interviewed both her and her kids. Denault explained her humor theory, and said she wanted the children “to experience alcohol in a controlled setting.”

They were not impressed. She was arrested and charged with child neglect.

Apparently this is becoming a cause celebre in conservative circles, and example of the nanny state going too far. I don’t see it:

  • A photo on Facebook showed an adult persuading a very young child to drink a substance that can be dangerous in large quantities. Was that the only sip, or the first of many? I think the inquiry was responsible.
  • The mother used her child not only as a prop, but as a prop involving alcohol. I would be dubious about the judgment of such a parent.
  • She said that she wanted a seven-year-old “to experience alcohol in a controlled setting” ??? Why? What else would she like to see a child experience in a controlled setting?

I think these were sufficient reason to check on the welfare of the children in that home, and to be concerned. Should she have been arrested? I don’t know what the children said, or what she told the police. The news reports make Denault sound like a fool, but being a stupid parent does not necessarily make one a dangerous parent. If this is all there is, the arrest is overkill. Continue reading

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Filed under Childhood and children, Family, Government & Politics, Law & Law Enforcement, U.S. Society

Presenting Rationalization #45: The Abuser’s License, or “It’s Complicated”

complexity

I owe Carol Costello for this one, which she unveiled today while explaining why it was unfair to criticize Janay Palmer for marrying Ray Rice, the pro football star who punched her lights out in a hotel elevator when they were engaged.  “It’s complicated,” Carol said, as her entire argument, as if this settled the issue.  My rationalization alarm immediately began clanging. Then I thought about all the other times I have heard that explanation used to avoid accountability or blame for wrongful action. Thus Ethics Alarms will add to its useful and always growing Rationalizations List…

45. The Abuser’s License:  “It’s Complicated”

 Costello later noted that the decision to stay with a potentially deadly partner was related to the emotion of love, as if love deserves an ethics pass that other emotions do not qualify for.  In this context, “It’s complicated” is a matched set with #23. Woody’s Excuse: “The heart wants what the heart wants.”

Love does not get a pass, or warrant one. Love is one of the most powerful of the non-ethical consideration magnets that stop ethics alarm clappers from moving when they should, and the sentimental, warm and fuzzy tradition of excusing harmful, irresponsible, clearly wrongful conduct because it might have been motivated by love is a rejection of ethics in favor of romance. Love is not the most benign of impediments to sound ethical reasoning, but rather one of the most insidious. Some of the worst crimes in human history have been rationalized by lovers. If the the coded meaning of “It’s complicated” is “it’s love, and we can never plumb the mysteries of the heart!”, the sentiment should be received with exactly the same contempt as “It’s greed,” It’s hate,” or “It’s revenge.”  Continue reading

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Filed under Bioethics, Gender and Sex, Government & Politics, History, Love, Romance and Relationships, Sports

Comment of the Day: “Roshomon, Good Citizenship And Ethics: The Case Of The Concerned Stranger And The Indignant Father”

Poster - RashomonJeff Gates, the father, photographer and writer whose essay in the Washington Post prompted my post here and a lively discussion thereafter, has been kind enough to contribute additional thoughts and clarifications in response. This is one of the really good things about the internet, and his willingness to enhance the discussion with additional perspective reveals good things about Jeff as well. His original article is here.

At the outset, I want to clarify something about my post that I kept intending to do but obviously did not, at least not well. The fact that the man who was suspicious of his photo-session with his daughter said later that he worked for Homeland Security didn’t figure into my analysis at all, and still doesn’t. I am concerned with the original encounter, and the question of whether this was excessive Big Brotherism clouds the issue, which I see, and saw as this: we should applaud and encourage proactive fellow citizens who have the courage and the concern to step into developing situation that they believe might involve one individual harming another.  As the man needed no special authority to do that, I don’t care whether he was a federal agent or not; I thought it was pretty clear that this was not official action. Indeed, I think as official action, the man’s intervention was ham-handed and unprofessional.

Here is Jeff Gates’ Comment of the Day, on the post, “Roshomon, Good Citizenship And Ethics: The Case Of The Concerned Stranger And The Indignant Father.” Continue reading

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Roshomon, Good Citizenship And Ethics: The Case Of The Concerned Stranger And The Indignant Father

“O wad some Power the giftie gie us To see oursels as ithers see us!”

—Robert Burns bystander-effectJeff Gates, a writer and adoptive father, contributed a thought-provoking column in the Washington Post’s Outlook section this weekend, describing what seemed to him to be a traumatic experience at Cape May. It begins…

“After my family arrives on the Cape May ferry for our annual vacation to the Jersey Shore, I take pictures of our two daughters on the ferry’s deck as we leave the harbor. I’ve been doing this since they were 3 and 4 years old. They are now 16 and 17. Each photo chronicles one year in the life of our family and our daughters’ growth into the beautiful young women they have become….On that first day of vacation, the sea was calm and the sky a brilliant blue. As I focused on the image in my camera’s viewfinder, the girls stood in their usual spot against the railing at the back of the boat. I was looking for just the right pose…Totally engaged with the scene in front of me, I jumped when a man came up beside me and said to my daughters: “I would be remiss if I didn’t ask if you were okay.”

He goes on:

“It took me a moment to figure out what he meant, but then it hit me: He thought I might be exploiting the girls, taking questionable photos for one of those “Exotic Beauties Want to Meet You!” Web sites or something just as unseemly. When I explained to my daughters what he was talking about, they were understandably confused. I told the man I was their father. He quickly apologized and turned away. But that perfect moment was ruined, and our annual photo shoot was over.”

Many of us might laugh off the experience as a funny anecdote, but not Gates, and not his daughters. He is Caucasian and they are both of Chinese heritage, having been adopted as infants in China by Gates and his wife. He obsessed about the incident for a while, and worked up sufficient indignation to track down the man and confront him, saying “Excuse me, sir, but you just embarrassed me in front of my children and strangers. And what you said was racist.” Continue reading

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